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Home My WebLink AboutOrdinance 13622ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), A5 AMENDED, BY THE AMENDMENT OF CHAPTER 16, "HEALTH AND SANITATION" AS FOLLOWS: ARTICLE I., "IN GENERAL," SECTION 16-13, "PUBLIC HEALTH SERVICE FEES," IS AMENDED TO DELETE FUNCTIONS AND SERVICES NO LONGER PROVIDED BY THE HEALTH DEPARTMENT; ARTICLE I., "IN GENERAL" SECTION 16-15, "PENALTY," PROVIDNG THAT ANY VIOLATION, DISOBEDIENCE, OMISSION, NEGLECT OR REFUSAL TO COMPLY WITH THE ENFORCEMENT OF ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED TWO THOUSAND DOLLARS; ARTICLE II., "DEPARTMENT OF PUBLIC HEALTH", SECTION 16-32 "DIRECTOR, QUALIFICATIONS, DUTIES GENERALLY," IS AMENDED TO CONFORM WITH STATE LAW AND TO INCLUDE THE TEXAS DEPARTMENT OF HEALTH AND OTHER LOCAL PUBLIC HEALTH DEPARTMENTS AND DISTRICTS; ARTICLE IIL, "COMMUNICABLE OR CONTAGIOUS DISEASE," IS DELETED IN ITS ENTIRETY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth (1986), as amended, is amended by the amendment of Chapter 16, "Health and Sanitation", Article I., "In General," Section 6-13, "Public Health Services Fees," to delete functions and services no longer provided by the Public Health Department .and shall hereafter read as follows. "Sec. 16-13 Public health service fees. The department of public health shall be authorized to collect fees from those individuals using the facilities and/or services of the department. ~~ The fee for the facilities and/or services shall be m an amount established by city council." Further, Chapter 16, "Health and Sanitation", Article I, "In General," Section 6-15, "Penalty," is amended to provide that any violation, disobedience, omission, neglect, failure or refusal to comply with the enforcement of any provisions of this chapter, unless otherwise stated, shall be punishable by a fine not to exceed two thousand dollars ($2,000) for each violation and shall hereafter read as follows. "Sec. 16-15 Penalty Any violation, disobedience, omission, neglect, failure or refusal to comply with the enforcement of any provisions of this chapter, unless otherwise stated, shall be punishable by a fine not to exceed two thousand dollars ($2,000) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense." Further, Chapter 16, "Health and Sanitation", Article II., "Department of Public Health," Section 6-32, "D~rector; qualifications, duties generally" is amended to conform with state law and to include the Texas Department of Health and other local public health departments and distracts and shall hereafter read as follows: "Sec 16-32. Director; qualifications, duties generally The director of public health or his or her designee shall enforce all relevant laws for this jurisdiction. The director or his or her designee shall also enforce for this ~urasdiction codes and regulations promulgated by the Texas Department of Health. The director of public health or his or her designee shall coordinate activrties with the Texas Deparhnent of Health and with other local public health units, departments and distracts." Further, Chapter 16, "Health and Sanitation", Article III, "Communicable or Contagious Diseases", sections 16-51 through 16-100, is deleted m its entirety and shall hereinafter read as follows 2 "Article III Reserved Secs 16-51-16-100 Reserved SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid~udgment or decree of any court of competent Iunsdiction, such unconstitutionality shall not affect any of the remauung phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a violation rs pernutted to exist shall constitute a separate offense. SECTION 5. 3 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended m Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and crimuial, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authonzed by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Govenunent Code. SECTION 7. This ordinance shall be m full force and effect a$er its passage and publication as required by law, and it is so ordained. APP D AS TO FO .AND LEGALITY ~I ANT CIT ORNEY DATE._ / d .-- ~ a ~ ~~% ADOPTED• /(~-o?d-~ ~~ EFFECTIVE 4 City of Fort Worth, Texas M~Ayar and Council CammunicAtian DATE REFERENCE NUMBER LOG NAME PAGE 10/20/98 **G-12361 5000DE 1 of 1 SUBJECT AN ORDINANCE AMENDING THE HEALTH AND SANITAT{ON CHAPTER OF THE CITY CODE RECOMMENDATION " It is recommended that the City Council adopt the attached ordinance amending the Health and Sanitation Chapter of the City's Code DISCUSSION The attached ordinance contains amendments to Article II and Article III of the Health and Sanitation Chapter of the City's Code These changes are necessary because there have been changes in state iaw, and changes in the services provided by the Public Health Department, since Article II was revised in 1982 and Article III was enacted in 1927 (there have been no revisions to Article III since 1927) Article 11 of the Health and Sanitation Chapter, "Department of Public Health" has been amended to reflect state law, and to delete services that are no longer provided by the Public Health Department. Article {II of the Health and Sanitation Chapter, "Communicable or Contagious Diseases" has been deleted because, since the reorganization of health care in Tarrant County, Fort Worth no longer provides medical care for disease control These services are now provided by Tarrant County, the Tarrant County Hospital District, and by private hospitals. In addition, Article III has been deleted because, since its enactment, the state has passed laws to cover disease control If there is a question regarding disease control in the future, state law would govern FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. LW k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by• (to) APPROV ED Libby Watson 6183 I ~ ~~~~ CO ~~~~ Originating Department Head: ° 01/Y L U Bob Galvan 6183 (from) ~~CC~~ ~ Additional Information Contact: "° "i4'""`J Cit~• Secretary of the Teas of Fort YVorth Cit Bob Galvan 6183 , y .~,