HomeMy WebLinkAbout1077 05-12-1992ORDINANCE NO. 1077
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF EULESS, TEXAS, AS AMENDED, TO RAISE
FINES TO THE MAXIMUM AMOUNT ALLOWED BY STATE
LAW; AND AMENDING THE FOLLOWING SECTIONS OF THE
SAID EULESS CODE OF ORDINANCES:
SECTION 1 -6 OF CHAPTER 1 "GENERAL PROVISIONS ";
SECTION 2 -61 OF ARTICLE H "CIVIL SERVICE SYSTEM" OF
CHAPTER 2, "ADMINISTRATION ";
SECTION 2- 1/4-11 OF CHAPTER 2 -1/4 "ALARM SYSTEMS';
SECTION 2 -1/2 -2 OF CHAPTER 2 -1/2 "ALCOHOLIC
BEVERAGES';
SECTION 3 -24 OF ARTICLE I "GENERAL PROVISIONS" OF
CHAPTER 3 "ANIMALS AND RABIES CONTROL';
SECTION 4-76 OF ARTICLE IV "ELECTRICAL
REGULATIONS" AND SECTION 4 -120 OF ARTICLE V
"PLUMBING AND GAS FITTING" AND SECTION 4 -137 OF
ARTICLE VI "FENCES AND OBSTRUCTIONS" AND SECTION
4-198 OF ARTICLE VIII "FLOOD DAMAGE PREVENTION" OF
CHAPTER 4 'BUILDINGS AND STRUCTURES ";
SECTION 4- 3/4-11 OF CHAPTER 4-3/4 "CIVIL
PREPAREDNESS';
SECTION 5 -34 OF ARTICLE IV 'BINGO TAX" OF CHAPTERS
"FINANCE AND TAXATION";
SECTION 7 -30 OF ARTICLE II "GRASS AND WEEDS" AND
SECTION 7 -79 OF ARTICLE V "JUNKED VEHICLES" OF
CHAPTER 7 "GARBAGE, TRASH, WEEDS AND ABANDONED
PROPERTY';
SECTION 8 -74 OF ARTICLE IV "EATING AND DRINKING
ESTABLISHMENTS" AND SECTION 8 -91 OF ARTICLE V
"FOOD AND FOOD ESTABLISHMENTS" AND SECTION 8 -102
OF ARTICLE VI "RETAIL FOOD STORES" AND SECTION
8 -119 OF ARTICLE VII "REGULATION OF SMOKING" OF
CHAPTER 8 "HEALTH AND SANITATION;
ORDINANCE NO. 1077 Page 1
SECTION 10-128 OF ARTICLE VII "PRIVATE DETECTIVES
AND PRIVATE PATROL SECURITY SERVICES" AND
SECTION 10-155 OF ARTICLE VIII "MASSAGE PARLORS AND
MASSAGE ESTABLISHMENTS" OF CHAPTER 10
"OCCUPATIONAL LICENSES AND REGULATIONS";
SECTION 11 -15 OF ARTICLE I "IN GENERAL" AND SECTION
11 -53 OF ARTICLE III "EMERGENCY AMBULANCE SERVICE"
OF CHAPTER 11 "OFFENSES AND MISCELLANEOUS
PROVISIONS'
SECTION 13 -31 OF ARTICLE I1 BARRICADES" OF CHAPTER
13 "STREETS AND SIDEWALKS'; AND
SECTION 16-10 OF ARTICLE I "IN GENERAL" OF CHAPTER
16 "WATER AND SEWERS';
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS:
That Section 1 -6 "General penalty for violations of Code; continuing violations"
of Chapter 1, "GENERAL PROVISIONS" of the Code of Ordinances, City of Euless,
Texas as amended, be hereby amended to hereafter be and read as follows:
Sec. 1 -6. General penalty for violation of Code; continuing violations.
(a) Whenever in this Code or in any ordinance of the city an act is
prohibited or is made or declared to be unlawful or an offense or a
misdemeanor, or whenever in such Code or ordinance the doing of any act
is required or the failure to do any act is declared to be unlawful, and no
specific penalty is provided therefor, the violation of any such provision
of this Code or any such ordinance shall be punished by a fine:
(1) Not to exceed five hundred dollars ($500.00);
(2) Not to exceed two thousand dollars ($2,000.00) if the
provision violated governs fire safety, zoning or public
health and sanitation, including vegetation and litter
violations and the dumping of refuse; or
(3) Fixed by state law if the violation is one for which the
state has fixed a fine.
(b) A person violating a provision of this Code or of any ordinance
is guilty of a separate offense for each day or part of a day during which
the violation is committed, continued or permitted, unless otherwise
provided.
ORDINANCE NO. 1077 Page 2
(c) The owners of any building or premises, or part thereof, where
anything in violation of this article shall be placed or shall exist, and who
may have assisted in the commission of any such violation shall be guilty
of a separate offense and upon conviction shall be punished as herein
provided.
(d) The penalties provided herein shall be cumulative and not
exclusive of any other rights and remedies the City may have.
II.
That Section 2 -61 "Penalty for violation" of Article II "Civil Service System" of
Chapter 2, "ADMINISTRATION" of the Code of Ordinances, City of Euless, Texas,
as amended, be hereby amended to hereafter be and read as follows:
Sec. 2 -61. Penalty for violations.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies.
III.
That Subsection (b) of Section 2- 1/4 -11 "Violation; penalty" of Chapter 2 -1/4
"ALARM SYSTEMS" of the Code of Ordinances, City of Euless, Texas, as amended,
be hereby amended to hereafter be and read as follows:
(b) Any person, firm or corporation violating a provision of this
Chapter is guilty of a separate offense for each day or portion of a day
during which the violation is committed, continued or permitted, and
each violation shall be punished by fine as provided in Section 1 -6 of this
Code of Ordinances; provided, however, that the fine imposed under said
section 1 -6 shall not be less than fifty ($50.00) dollars upon first
conviction and not less than seventy -five ($75.00) dollars upon the second
and subsequent convictions.
IV.
That Subsection (c) of Section 2 -1/2 -2 "Proximity of establishments selling
alcoholic beverages to churches, schools, etc., regulated; penalty" of Chapter 2 -1/2
"ALCOHOLIC BEVERAGES" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
(c) Any person, firm or corporation violating the terms and
provisions of this chapter shall be deemed guilty of a misdemeanor, and
shall be punished as provided in Section 1 -6 of this Code of Ordinances,
and each day that such violation continues shall be a separate offense;
ORDINANCE NO. 1077 Page 3
this penalty shall be cumulative of all other remedies. Such violation shall be
deemed a violation of a provision governing zoning and public health.
V.
That Section 3 -24 "Penalty clause" of Article I "General Provisions" of Chapter
3 "ANIMALS AND RABIES CONTROL" of the Code of Ordinances, City of Euless,
Texas, as amended, be hereby amended to hereafter be and read as follows:
Sec. 3 -24. Penalty clause.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. No fine imposed hereunder
shall be less than twenty -five ($25.00) dollars.
VI.
That Section 4 -76 "Violation; penalty" of Article IV "Electrical Regulations" of
Chapter 4 "BUILDINGS AND STRUCTURES" of the Code of Ordinances, City of
Euless, Texas, as amended, be hereby amended to hereafter be and read as follows:
Sec. 4 -76. Violation; penalty.
Any person, firm or corporation violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and the person, firm
or corporation, or an employee, an agent, manager, or officer thereof,
shall be fined in any amount not less than twenty -five ($25.00) dollars nor
more any the maximum provided in Section 1 -6 of this Code for fire
safety and public health provision violations for each offense, and every
violation and each and every day's failure or refusal to comply with said
provisions will constitute a separate offense, and in case of willful or
continued violation by any person, firm or corporation as aforesaid, or
their agents, employees, servants or officers, the city shall have the
power to revoke and repeal any license under which said person, firm or
corporation may be acting, and revoke all permits, privileges and
franchises granted to said person, firm or corporation aforesaid.
VII.
That Subsection (b) of Section 4 -120 "Code adopted by reference; penalty" of
Article V "Plumbing and Gas Fitting" of Chapter 4 "BUILDINGS AND
STRUCTURES" of the Code of Ordinances, City of Euless, Texas, as amended, be
hereby amended to hereafter be and read as follows:
ORDINANCE NO. 1077 Page 4
(b) Any person, firm or corporation violating the terms and
provisions of this chapter shall be deemed guilty of a misdemeanor, and
shall be punished as provided in Section 1 -6 of this Code of Ordinances,
and each day that such violation continues shall be a separate offense;
this penalty shall be cumulative of all other remedies. Any such violation
shall be deemed a violation of a provision governing public health and
sanitation under said Section 1 -6 of this Code.
VIII.
That Section 4 -137 "Penalty for violation" of Article VI "Fences and
Obstructions" of Chapter 4 'BUILDINGS AND STRUCTURES" of the Code of
Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be
and read as follows:
Sec. 4 -137. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. Any such violation shall be
deemed a violation of a provision governing zoning under said Section 1 -6
of this Code.
IX.
That Section 4 -198 "Penalty for violation" of Article VIII "Flood Damage
Prevention" of Chapter 4 'BUILDINGS AND STRUCTURES" of the Code of
Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be
and read as follows:
Sec. 4 -198. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. Any such violation shall be
deemed a violation of a provision governing public health and sanitation
under said Section 1 -6 of this Code.
X.
That Section 4- 3/4 -11 "Obstruction of member of organization prohibited;
penalty for violations of chapter" of Chapter 4 -3/4 "CIVIL PREPAREDNESS" of the
Code of Ordinances, City of Euless, Texas, as amended, be hereby amended to
hereafter be and read as follows:
See. 4-3/4-11. Obstruction of member of organization prohibited;
penalty for violations of chapter.
ORDINANCE NO. 1077 Page S
It shall be unlawful for any person willfully to obstruct, hinder, or
delay any member of the civil preparedness organization in the
enforcement of any rule or regulation issued pursuant to this chapter, or
to do any act forbidden by any rule or regulation issued pursuant to the
authority contained in this chapter. It shall likewise be unlawful for any
person to wear, carry or display any emblem, insignia or any other means
of identification as a member of the civil preparedness organization of
the City of Euless, unless authority to do so has been granted to such
person by the proper officials. Convictions for violations of the
provisions of this chapter shall be punishable by fine as provided in
Section 1 -6 of this Code for violations of provisions governing fire safety,
public health and sanitation.
XI.
That Section 5 -34 "Penalty for violation" of Article IV 'Bingo Tax" of Chapter
5 "FINANCE AND TAXATION" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
Sec. 5 -34. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies.
XII.
That Section 7 -30 "Penalty" of Article II "Grass and Weeds" of Chapter 7
"GARBAGE, TRASH, WEEDS AND ABANDONED PROPERTY" of the Code of
Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be
and read as follows:
Sec. 7-30. Penalty.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. No fine imposed hereunder
shall be less than twenty -five ($25.00) dollars.
XIII.
That Section 7 -79 "Penalty for failure to abate or remove junked vehicle or
part thereof" of Article V "Junked Vehicles" of Chapter 7 "GARBAGE, TRASH,
WEEDS AND ABANDONED PROPERTY" of the Code of Ordinances, City of Euless,
Texas, as amended, be hereby amended to hereafter be and read as follows:
ORDINANCE NO. 1077 Page 6
Sec. 7 -79. Penalty for failure to abate or remove junked vehicle or part
thereof.
Any person, firm or corporation which shall fail to abate or remove
any public nuisance defined in this article upon the expiration of ten (10)
days from receipt of the notice herein provided for or within the period
provided by any order of the municipal judge of the City of Euless, Texas,
following hearing as herein provided for shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be fined as provided in
Section 1 -6 of this Code for violations of provisions governing public
health and sanitation. Each such violation shall be deemed a separate
offense and shall be punishable as such hereunder. The court, upon
determination of guilt of maintaining a public nuisance as defined in this
article, shall further order removal and abatement of the public nuisance
in the event same shall not have been theretofore abated or removed.
XIV.
That Section 8 -74 "Penalty clause" of Article IV "Eating and Drinking
Establishments" of Chapter 8 "HEALTH AND SANITATION" of the Code of
Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be
and read as follows:
Sec. 8-74. Penalty clause.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. No fine imposed hereunder
shall be less than twenty -five ($25.00) dollars.
XV.
That Subsection (a) of Section 8 -91 "Remedies" of Article V "Food and Food
Establishments" of Chapter 8 "HEALTH AND SANITATION" of the Code of
Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be
and read as follows:
(a) Penalties. Any person, firm or corporation who violates a
provision of these rules and any person who is the permit holder of or
otherwise operates a food service establishment that does not comply
with the requirements of these rules and any responsible officer of that
permit holder or those persons shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount of not less than
twenty -five ($25.00) dollars nor more than the maximum provided in
Section 1 -6 of this Code for violations of provisions governing public
health and sanitation for each offense. Each day that such violation shall
continue shall be deemed a separate and distinct offense and shall be
punished as such.
ORDINANCE NO. 1077 Page 7
XVI.
That Section 8 -102 "Penalty for violation" of Article VI "Retail Food Stores" of
Chapter 8 "HEALTH AND SANITATION" of the Code of Ordinances, City of Euless,
Texas, as amended, be hereby amended to hereafter be and read as follows:
Sec. 8 -102. Penalty for violation.
Any person, firm or corporation who violates a provision of these
rules and any person who is the permit holder of or otherwise operates a
retail food store that does not comply with the requirements of these
rules and any responsible officer of that permit holder or those persons
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in an amount of not less than twenty -five ($25.00) dollars
nor more than the maximum amount provided in Section 1 -6 of this Code
for violation of provisions governing public health and sanitation for each
offense. Each day that such violation shall continue shall be deemed a
separate and distinct offense and shall be punished as such.
XVII.
That Section 8 -119 "Penalty for violation" of Article VII "Regulation of
Smoking" of Chapter 8 "HEALTH AND SANITATION" of the Code of Ordinances,
City of Euless, Texas, as amended, be hereby amended to hereafter be and read as
follows:
Sec. 8 -119. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. Any such violation shall be
deemed a violation of a provision governing public health under said
Section 1 -6 of this Code.
XVIII.
That Section 10 -128 "Penalty for violation" of Article VII "Private Detectives
and Private Patrol Security Services" of Chapter 10 "OCCUPATIONAL LICENSES
AND REGULATIONS" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
Sec. 10 -128. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies.
ORDINANCE NO. 1077 Page 8
XIX.
That Section 10 -155 "Penalty for violation" of Article VIII "Massage Parlors
and Massage Establishments" of Chapter 10 "OCCUPATIONAL LICENSES AND
REGULATIONS" of the Code of Ordinances, City of Euless, Texas, as amended, be
hereby amended to hereafter be and read as follows:
Sec. 10 -155. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. Any such violation shall be
deemed a violation of a provision governing public health and sanitation,
and no fine imposed hereunder shall be less than fifty ($50.00) dollars.
XX.
That Subsection (c) of Section 11 -15 "Display of sexually explicit material to
minors" of Article I "In General" of Chapter 11 "OFFENSES AND MISCELLANEOUS
PROVISIONS" of the Code of Ordinances, City of Euless, Texas, as amended, be
hereby amended to hereafter be and read as follows:
(c) Penalty for violation. Any person, firm or corporation violating
the terms and provisions of this chapter shall be deemed guilty of a
misdemeanor, and shall be punished as provided in Section 1 -6 of this
Code of Ordinances, and each day that such violation continues shall be a
separate offense; this penalty shall be cumulative of all other remedies.
XXI.
That Section 11 -53 "Penalty for violation" of Article III "Emergency
Ambulance Service" of Chapter 11 "OFFENSES AND MISCELLANEOUS
PROVISIONS" of the Code of Ordinances, City of Euless, Texas, as amended, be
hereby amended to hereafter be and read as follows:
Sec. 11 -53. Penalty for violation.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies. Any such violation shall be
deemed a violation of a provision governing public health under said
Section 1 -6 of this Code.
XXII.
That Section 13 -31 "Violation; penalty" of Article II "Barricades" of Chapter 13
"STREETS AND SIDEWALKS" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
ORDINANCE NO. 1077 Page 9
Sec. 13 -31. Violation; penalty.
Any person, firm or corporation violating the terms and provisions
of this chapter shall be deemed guilty of a misdemeanor, and shall be
punished as provided in Section 1 -6 of this Code of Ordinances, and each
day that such violation continues shall be a separate offense; this penalty
shall be cumulative of all other remedies.
XXIII.
That Section 16 -10 "Penalty; costs" of Article I "In General" of Chapter 16
"WATER AND SEWERS" of the Code of Ordinances, City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
Sec. 16-10 Penalty; costs.
(a) Civil penalties. Any user who is found to have violated an order
of the city council or who willfully or negligently failed to comply with
any provision of this chapter, and the orders, rules, regulations and
permits issued hereunder, shall be fined as provided in Section 1 -6 of this
Code for violations of provisions governing public health and sanitation.
In addition to the penalties provided herein, the city may recover
reasonable attorneys' fees, court costs, court reporters' fees, and other
expenses of litigation by appropriate suit at law against the person found
to have violated this chapter or the orders, rules, regulations and permits
issued hereunder.
(b) Falsifying information. Any person who knowingly makes any
false statement, representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this chapter, or wastewater contribution permit, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this chapter shall, upon conviction, be
punished by a fine as provided in Section 1 -6 of this Code for violations
of provisions governing public health and sanitation.
XXIV.
Severability Clause. That 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
ORDINANCE NO. 1077 Page 10
XXV.
Saving Clause. That Chapters 1, 2, 2 -1/4, 2 -1/2, 3, 4, 4 -3/4, 5, 6, 7, 8, 10, 11,
12, 13, 14, 15 and 16 of the Code of Ordinances, City of Euless, Texas, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
Ii"J
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas; provided, however, the provisions of this ordinance shall apply
only to offenses committed on or after the effective date of this ordinance.
Offenses committed before the effective date of this ordinance are subject to the
former penalty in effect on the date of commission of such offense.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 28th day of April 199-L; by a vote of 4
ayes, 0 nays and 0 abstentions.
PRESENTED AND PASSED ON SECOND AND FINAL READING at a regular
meeting of the Euless City Council on the 12th day of May 199? ; by
a vote of 7 ayes, 0 nays and 0 abstentions.
APPROVED:
Harold Samuels, Mayor
ATTEST:
.OL�20e�
Susan Crim, CMC, City Secretary
APPROVEQ AS TO FORM:
ob McFarla d, Ci y Attorney
38MLIB/rev.032692/rev.050592
ORDINANCE NO. 1077 Page 11