HomeMy WebLinkAboutOrdinance No. 2026-2641CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2026- 2104 l
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-205 OF THE CODE
OF ORDINANCES ENTITLED "PENALTY" BY AMENDING THE FINE RANGE
FOR MULITPLE NUISANCE OFFENSES COMMITTED WITHIN ATWELVE (12)
MONTH PERIOD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, has discussed and
considered such revisions and has determined that it is in the best interest of the Cityto repeal
the current Chapter 6, Article IX, Section 6-205 entitled "Penalty" to provided for a graduation
penalty provision for multiple offenses committed within any twelve (12) month period.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 6, Article IX, Section 6-205, entitled "Penalty," which shall
read as follows:
"Sec. 6-205. - Penalty.
(a) Any person, firm, corporation or association violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and upon conviction in
the municipal court of the city shall be subject to a fine not to exceed the sum
of $2,000.00 for each offense, and each and everyday that the premises shall
remain in a condition in violation of the terms of this article shall constitute a
continuing and separate offense, subject to application of the full penalty
contained herein. This section shall be in addition to and cumulative of the
provisions for the abatement of the nuisance and the charging of the cost of
the same against the owner of the premises by the city.
(b) Notwithstanding the forgoing, the fine range for a third (3rd) or fourth (4th)
offense for violating any of the provisions of this article within a twelve month
period shall be deemed guilty of a misdemeanor and upon conviction in the
municipal court of the city shall be subject to a fine of $500 to $2,000.00 for
each offense.
(c) Notwithstanding the forgoing, the fine range for a fifth (5th) or sixth (6th) offense
for violating any of the provisions of this article within a twelve month period
shall be deemed guilty of a misdemeanor and upon conviction in the
municipal court of the city shall be subject to a fine of $750 to $2,000.00 for
each offense.
(d) Notwithstanding the forgoing, the fine range for a seventh (711) or more offense
for violating any of the provisions of this article within a twelve month period
shall be deemed guilty of a misdemeanor and upon conviction in the
municipal court of the city shall be subject to a fine of $1000.00 to $2,000.00
for each offense."
SECTION & If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance; and the City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed,
and all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective immediately upon its passage
and publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS 4th DAY OF MARCH 2026.
L
Richard Boyer, Mayor.
City of The Colony, Texas
ATT ES
G
Tina Stewart, TRMC, CMC City Secretary
AS TO FORM:
Jeffrey L. Mob re, CityAttorney
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