HomeMy WebLinkAbout857 08-27-1985ORDINANCE NO. 857
AN ORDINANCE AMENDING SECTION 1 -6 OF
CHAPTER 1, "GENERAL PROVISIONS," AND
SECTION 7 -30 OF CHAPTER 7, "GARBAGE,
TRASH, WEEDS AND ABANDONED PROPERTY," OF
THE CODE OF ORDINANCES, CITY OF EULESS,
TEXAS; RAISING THE MAXIMUM FINE TO $1000
FOR A VIOLATION OF THESE SECTIONS WHICH
GOVERN FIRE SAFETY, ZONING, PUBLIC
HEALTH AND SANITATION, INCLUDING VEGE-
TATION AND LITTER VIOLATIONS AND DUMP-
ING OF REFUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; DE-
CLARING AN EMERGENCY; AND PROVIDING AN
EFECTIVE DATE.
BE IT ORDAINED 3Y 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 unlawfui 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 it the
provision violated governs
fire safety, zoning, or pub-
lic health and sanitation,
including vegetation and lit-
ter violations and the dump-
ing of refuse; or
(3) fixed by state law it 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 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, is amended to hereafter be and read as follows:
Sec. 7 -30 Penalty
Any person, firm or corporation violating any
of the provisions of this article shall be
deemed guilty of a misdemeanor and upon con-
viction 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.
III.
That 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 penaity of a fine not
to exceed $200.00.
IV.
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
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ORDINANCE NO. 857, PAGE TWO OF THREE
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.
iM
Savings Clause. That Chapters 1 and 7 of the Code of
Ordinances, City of Euless, Texas, as amended, shall remain in
full force and effect, save and except as amended by the
ordinance.
VI.
Emergency Clause. By the affirmative vote of four or more
of its members, the City Council declares that this is an
ordinance for the immediate preservation of the public peace,
property, health, and safety, and is an emergency measure
within the meaning of Article II, Section 11 of the City
Charter; and the requirement that it be read at two meetings,
as specified in Section 11, is hereby dispensed with.
VII.
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 PASSED on first and final reading on the
day of , 1985; at a regular meeting of the
City Council of the City of Euless, Texas, by a vote of 5
ayes, 0 nays and 0 absentions.
APPROVED:
Harold Samuels, Mayor
ATTEST:
�r
Kay Rainey, City Secre ary
APP OVED TO FORM:
Bob McFarland, City At orney
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ORDINANCE NO. 857, PAGE THREE OF THREE