HomeMy WebLinkAbout1803 01-22-2008ORDINANCE NO. 1803
AN ORDINANCE AMENDING CHAPTER 46
"NUISANCES" OF THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TEXAS, AS AMENDED; ADDING A
NEW SECTION 46 -1 "ENFORCEMENT OF NUISANCE
ORDINANCES WITHIN 5,000 FEET OF CITY LIMITS ";
EXPRESSLY GRANTING AUTHORITY FOR
ENFORCEMENT BY THE CITY OF EULESS OF IT'S
NUISANCE ORDINANCES WITHIN 5,000 FEET OUTSIDE
CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY FOR VIOLATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Texas Local Government Code allows home -rule cities to define,
prohibit, abate and remove nuisances within 5,000 feet outside city limits; and
WHEREAS, the City of Euless considers these State law provisions to be self -
executing where home -rule cities are concerned, requiring no action by the City in order
to exercise such police power authority; and
WHEREAS, the City of Euless nevertheless considers it advisable to remove any
doubt concerning its authority to regulate and prohibit such nuisances within 5,000 feet
outside the city limits of the City; and
WHEREAS, the City of Euless desires and intends hereby to protect the health,
safety and welfare of its citizens from the deleterious effects of such nuisances,
wherever they occur.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT a new section 46 -1 entitled "Enforcement of Nuisance Ordinances Within
5000 Feet of City Limits" be added to Chapter 46 of the City of Euless Code of
Ordinances to hereafter be and read as follows:
Sec. 46 -1 Enforcement of nuisance ordinances within 5,000 feet of city
limits.
Any nuisance defined or labeled as such by this Code may be
regulated, prohibited, abated or removed as such by the City,
whether such nuisance, or any part thereof, be located within the
city limits of this City, or within 5,000 feet outside such city limits.
SECTION 2
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council of the City of Euless 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 or 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.
SECTION 3
SAVING CLAUSE. That Chapter 46 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.
SECTION 4
PENALTY FOR VIOLATION. Any person, firm or corporation violating any of
the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in accordance with Chapter 1, "General
Provisions ", Section 1 -12 "General Penalty," Euless Code of Ordinances. Each such
violation, and each day any such violation shall exist, shall be deemed a separate
offense and shall be punishable as such hereunder. All such violations shall be
considered violations of a provision governing public health and sanitation, and subject
to the enhanced penalties provided therefor.
SECTION 5
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.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 22 "d day of January, 2008, by a vote of 6 ayes,
0 nays, and o abstentions.
APPR VED:
f"� ary Lib Saleh, Mayo
ATTEST:
isan Crim RMC, City Secretary
Ordinance No. 1803, Page 2 of 2
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