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HomeMy WebLinkAbout792 05-22-1984ORDINANCE NO. 792 AN ORDINANCE AMENDING SECTION 1 -6 OF CHAPTER 1, GENERAL PROVISIONS, SECTION 21/2 -2 of CHAPTER 21/2, "ALCOHOLIC BEVERAGES," SECTION 3 -22 OF CHAPTER 3, "ANIMALS AND RABIES CONTROL," SEC- TIONS 4 -62 and 4 -76 OF CHAATER 4, "BUILDINGS AND STRUCTURES," SECTION 43/4 -11 of CHAPTER 43/4, "CIVIL PREPAREDNESS," SECTION 7 -79 OF CHAPTER 7, "GARBAGE, TRASH, WEEDS AND ABANDONED PROP- ERTY," SECTIONS 8 -74 AND 8 -91 Or CHAPTER 8, "HEALTH AND SANITATION," SECTIONS 10 -128 AND 10 -155 OF CHAPTER 10, "OCCUPATIONAL LICENSES, ETC'.," SECTION 13 -31 OF CHAPTER 13, "STREETS AND SIDEWALKS," OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS; AMENDING SECTION 20 -100 OF ORDINANCE N0. 347, SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS; AMENDING SECTION IV OF ORDINANCE NO. 715, SAME BEING THE UNIFORM BUILDING CODE, DWELLING CON- STRUCTION UNDER THE UNIFORM BUILDING CODE, UNI- FORM CODE FOR THE ABATEMENT OF DANGEROUS BUILD- ING, UNIFORM HOUSING CODE AND UNIFORM MECHANI- CAL CODE, OF THE CITY OF EULESS, TEXAS; RAISING THE MAXIMUM FINE TO $1000 FOR A VIOLATION OF THESE SECTIONS WHICH GOVERN FIRE SAFETY, ZON- ING, AND PUBLIC HEALTH AND SANITATION, EXCLUD- ING VEGETATION AND LITTER VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CL)kUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. 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, is amended to hereafter be and read as follows: Sec. 1 -6 General penalty for violation of Code; continuing viola- tions. (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 ordi- nance the doing of any act is required or the failure to do any act is declared to be un- lawful, 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 $200; (2) not to exceed $1000 if the provision violated governs fire safety, zoning, or pub- lic health and sanitation, excluding vegetation and lit- ter violations; or ( 3 ) fixed by state law if the vio- lation 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. II. That Subsection (c) of Section 21/2 -2, "Proximity of Establishments Selling Alcoholic Beverages to Churches, Schools etc., Regulated; Penalty," of Chapter 21/2, "ALCOHOLIC BEVERAGES," of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: (c) Any person, association of persons, trus- tee, receiver, partnership, corporation or or- ganization violating any of the provisions of this section shaii be aeemed guilty of a mis- demeanor, ana upon conviction thereof shall be fined in an amount not to exceed one thousand dollars ($1000.00) Each day that such viola- tion is committed or permitted to continue, and each sale as prohibited, shall constitute a separate offense and shall be punishable as such hereunder. III. That Section 3 -32, "Penalty Clause" of Chapter 3, "ANIMALS AND RABIES CONTROL" of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: Sec. 3 -32 Penalty Clause. -2- ORDINANCE NO. 792 Any person violating or failing to comply with any provision of this chapter shall be guilty of a misdemeanor and Tined upon conviction not less than one dollar ($1.00) nor more than one thousand dollars ($1000.00), and each day any violation or noncompliance continues shall constitute a separate offense. IV. That Subsection (3) of Section 4 -62, "Proximity of Bill- boards to Structures and Thoroughfares," of Article III, "Signs and Billboards," of Chapter 4, "BUILDINGS AND STRUCTURES," of the Code of Ordinances, City of Euless, Texas, as same may have been from time to time amended, is amended to hereafter be and read as follows; (3) No license for any sign other than a flat sign, projecting sign, temporary sign, pole sign or roof sign advertising or identifying the business venture or services performed at the site .where such business venture exists, or where such services are performed shall be granted within a distance of three thou- sand (3,000) feet either side of the right -of -way, as same now or hereafter shall be establishea, of the below - listed streets or roadways as same now exist or hereafter shall be extended within the city limits of the City of Euless: (a) State Highway Spur 350; (b) State Highway 360; (c) Minters - Chapel Road. Any person, firm or corporation, found guilty of violating any portion of this subsection (3) shall be deemed guilty of a misdemeanor and shall be fined not less than twenty -five dol- lars ($25.00) nor more than one thousand dol- lars ($1000.00) for each offense, and every violation and each and every day's failure or refusal to comply with the said provisions will constitute a separate offense, and in case of willful or continued violations by any person, firm or corporation, the city shall have power to revoke and repeal any license under which said person, firm or corporation may be acting, anu revoke all permits, privileges and fran- chises granted to said person, firm or corpora- tion aforesaid. -3- ORDINANCE NO. 792 V. That Section 4 -76, "Violation; Penalty," of Division 1, "Generally," of Article IV, "Electrical Regulations," of Chap- ter 4, "BUILDINGS AND STRUCTURES," of the Code of Ordinances, City of Euless, Texas, as same may have been from time to time amended, is 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 dollars ($25.00) nor more than one thousand dollars ($1000.00) for each offense, and every viola- tion and each and every day's failure or refusal to comply with the said provisions will con- stitute 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 per- mits, privileges and franchises granted to said person, firm or corporation aforesaid. VI. That Subsection (b) of Section 4 -120, "Code Adopted by Reference; Penalty," of Article V, "Plumbing and Gas sitting," same being the Uniform Plumbing Code of the City of Euless, Texas, of Chapter 4, "BUILDINGS AND STRUCTURES," of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: (b) Any person, firm or corporation violating any of the terms and provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be tined in an amount not to exceed one thousand dollars ($1000.00). Each such violation shall be deem- ed a separate offense and shall be punishable as such hereunder. VII. That Section 43/4 -11, "Obstruction of Member of Organiza- tion Prohibited; Penalty for Violations of Chapter," of Chapter 43/4, "CIVIL PREPAREDNESS" of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: ORDINANCE NO. 792 Sec. 43/4 -11. Obstruction of member of or- ganization prohibited; pen- alty for violations of chap- ter. It shall be unlawful for any person willfully to obstruct, hinder, or delay any members of the civil preparedness organization in the en- forcement 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 organiza- tion 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 not to exceed one thousand dollars ($1000.00). VIII. That Section 7 -79, "Penalty for Failure to Abate or Remove Junked Vehicle or Part Thereof," of Article V, "Junked Ve- hicles," of Chapter 7, "GARBAGE, TRASH, WEEDS AND ABANDONED PROPERTY," of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: 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 hereing as herein pro- vided for, shall be deemed guilty of a mis- demeanor and, upon conviction thereof, shall be fined in an amount not to exceed one thousand dollars 01000.00). 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 deinfed 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. -5- ORDINANCE NO. 792 IX. That Section 8 -74, "Penalty Clause," of Article IV, "Eat- ing and Drinking Establishments," of Chapter 8, "HEALTH AND SANITATION," of the Code of Ordinances, City of Euless, Texas, as amended, is amendea to hereafter be and read as follows: Sec. 8 -74 Penalty clause. Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount of not less than twenty -five dollars ($25.00) nor more than one thousand dollars ($1000.00) for each of- fense. Each day that such violation shall continue shall be deemed a separate and dis- tinct offense and shall be punishable as such. X. That Subsection (a), "Penalties," of Section 8 -91, "Remedies," of Article V, "Food and Food Service Establish- ments," of Chapter 8, "HEALTH AND SANITATION of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: Sec. 8 -91 Remedies. (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 dollars ($25.00) nor more than one thousand dollars ($1000.00) for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. XI. That Section 10 -128, "Penalty for Violation," of Article VII, "Private Detectives and Private Patrol Security Ser- vices," of Chapter 10, "OCCUPATIONAL LICENSES, ETC.," of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: Sec. 10 -128 Penalty for violation. ORDINANCE NO. 792 Any person violating any of the terms of this article shall be subject to a fine of not more than one thousand dollars ($1000.00), if such violation is of a continuous nature, and each and every day that such violation occurs shall constitute a separate and distinct offense. XII. That Section 10 -155, "Penalty for Violation," of Article VIII, "Massage Parlors and Massage Establishments," of Chapter 10, "OCCUPATIONAL LICENSES, ETC.," of the Code of Ordinances, City of Euless, Texas, as amended, is amended to hereafter be and read as follows: Sec. 10 -155 Penalty for violation. Any person violating any provision of this article shall be guilty of a separate offense for each violation thereof or for each day or portion thereof during which any such violation is continued or permitted, and each offense shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1000.00). XIII. 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, is amended to hereafter be and read as follows: Sec. 13 -31 Violation; penalty. Any "contractor," as defined herein, who vio- lates any provision of this article shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00). Each day of such violation shall constitute a separate offense. Such penalty shall be cumulative and not ex- clusive of any other rights or remedies the City may have. XIV. That Subsection 20 -100 of Section 20, "Penalty for Viola- tion," of Ordinance No. 347, same being the comprehensive zoning ordinance of the City of Euless, Texas, as same may have been from time to time amended, is amended to hereafter be and read as follows: Sec. 20 Penalty for Violation -7- ORDINANCE NO. 792 20 -100 Any person or corporation who shail violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed state- ment or plan submitted and approved hereunder shall be guilty of a misde- meanor and shall be liable to a fine of not more than one thousand dollars ($1000.00) and each day such violation shall be permitted to exist shall con- stitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in vio- lation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violations shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Euless, likewise, shall have the power to en- force the provisions of this ordinance through civil court action as provided by State Law. XV. That Section IV, "Penalty for Violation," of Ordinance No. 715, same being the UNIFORM BUILDING CODE, DWELLING CONSTRUC- TION UNDER THE UNIFORINI BUILDING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, UNIFORM HOUSING CODE AND UNIFORM MECHANICAL CODS, OF THE CITY OF EULESS, TEXAS, as same may have been from time to time amended, is amended to hereafter be and read as follows: Sec. IV 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 an amount not to exceed $1000.00. Each day of such violation shall be deemed a separate offense and shall be punishable as such hereunaer. XV1. That the provisions of this ordinance shall apply only to offenses committed on or after the effective date of this ORDINANCE NO. 792 ordinance. Offenses committed before this ordinance are subject to the former to exceed $200.00. XVII. the effective date of penalty of a fine not 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or sec- tion. XVIII. Saving Clause. That Chapters 1, 21/2, 3, 4, 43/4, 7, 8, 10 and 13 of the Code of Ordinances, City of Euless, Texas, as amended, and Ordinances No. 347 and 715 of the City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. XIX. 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 at a regular meeting of the Euless City Council on the 8th day of May, 1984 ; by a vote of 5 ayes, 0 nays and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 22nd day of MMy 1984_ by a vote of 4 ayes, 0 nays and 0 abstentions. APPROVED: Harold Samucis, Mayor ATTEST: Kay Ra ey City S e ary APP OV AS TO F f Bob IicFarland, City A for ORDINANCE NO. 792, PAGE 9 of 9