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HomeMy WebLinkAboutOrdinance No. 501 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~O1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING CHAPTER 1, RELATING TO GENERAL PROVISIONS BY AMENDING SECTION 1-5; BY AMENDING CHAPTER 6, RELATING TO BUILDING CONSTRUCTION AND RELATED ACTIVITIES, BY AMENDING SECTION 6-120; BY AMENDING CHAPTER 7, RELATING TO DISASTER EMERGENCIES BY AMENDING SECTION 7-28; BY AMENDING CHAPTER 10, RELATING TO HEALTH AND SANITATION BY AMENDING SECTION 10-86; BY AMENDING CHAPTER 11, RELATING TO LIBRARIES BY AMENDING SECTION 11-9; BY AMENDING CHAPTER 13, RELATING TO OFFENSES AND MISCELLANEOUS PROVISIONS, BY AMENDING SECTION 13-36 AND SECTION 13-46; BY AMENDING CHAPTER 14, RELATING TO PARKS AND RECREATION BY AMENDING SECTION 14-8; BY AMENDING CHAPTER 18, RELATING TO STREETS, SIDEWALKS AND OTHER PUBLIC WAYS BY AMENDING SECTION 18-60; BY AMENDING APPENDIX "A", RELATING TO ZONING BY AMENDING SECTION 26; BY AMENDING APPENDIX "B", RELATING TO SUBDIVISION BY AMENDING SECTION 18; WHEREAS, Article 1011, V.A.T.C.S., was recently amended by Texas S.B. 920, 70th Leg., (1987), to increase the fine or penalty for violations of all rules, ordinances, and police regulations governing fire safety, zoning, or public health and sanitation, including dumping of refuse, to Two Thousand Dollars ($2000.00), and to increase the fine or penalty for violations of all other rules, ordinances, and police regulations to Five Hundred Dollars ($500.00); and WHEREAS, the City Council hereby determines it is in the best interest of the citizens of the community to amend the appropriate sections of the Code of Ordinances of the City of The Colony, Texas, to provide for the increased maximum fine or penalty for each violation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the Code of Ordinances of the City of The Colony, Texas, as amended, be and the same is hereby amended in the following particulars to provide for an increased maximum fine or penalty and all other existing sections, subsections, articles and chapters of said Code of Ordinances are not amended, but shall remain intact and are hereby ratified, verified and affirmed. A. That Section 1-5 of the Chapter 1 is hereby amended to read as follows: "Sec. 1-5. General penalty; continuing violations Wherever 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 wherever 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 therefore, the violation of any such provision of this Code or any such ordinance shall be punished by a fine not exceeding five-hundred dollars ($500.00) unless such ordinance governs fire safety, zoning, or public health and sanitation, including dumping of refuse, in which case such ordinance shall be punished by a fine not exceeding two thousand dollars ($2000.00); provided, however, no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense." B. That Section 6-120 of the Chapter 6 is hereby amended to read as follows: "Sec. 6-120 Penalty. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues." C. That Section 7-28 of the Chapter 7 is hereby amended to read as follows: "Sec. 7-28 Offenses, penalties. (a) It shall be unlawful for any person to willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden by any rule or regulation issued pursuant to this article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. (b) It shall be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the City unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning signal, shall be deemed guilty of a violation of this article and shall be subject to the penalties imposed by this article. (d) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day on or during which a violation occurs or ' ,, continues. D. That Section 10-86 of the Chapter 10 is hereby amended to read as follows: "Sec. 10-86. Penalties. Any person, firm, corporation or association violating any of the provisions of this article by failing to cut and/or remove the weeds, grass, brush, or failing to remove any trash, debris, rubbish or other objectionable or unsightly matter described herein an required shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City shall be subject of a fine not to exceed the sum of two thousand dollars ($2000.00) for each offense, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a continuing a 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." E. That Section 11-9 of the Chapter 11 is hereby amended to read as follows: "Sec. 11-9. Penalties. That any person, parent or guardian of a child under the age of seventeen (17) years who violates any of the provisions of this chapter shall be subject to the penalties as provided for herein, and where the amount of the penalty is not specifically provided for herein, any persons guilty of violating any of the provisions of this chapter shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense." F. That Section 13-36 of the Chapter 13 is hereby amended to read as follows: "Sec. 13-36 Penalty. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars $500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues." G. That Section 13-46 of the Chapter 13 is hereby amended to read as follows: "Sec. 13-46. Penalty. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed five hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues." H. That Section 14-8 of the Chapter 14 is hereby amended to read as follows: "Sec. 14-8. Penalty. Any person, firm, corporation, partnership, association or other entity recognized in law violating any provision of this chapter shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be fined in a sum not to exceed five hundred dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues." I. That Section 18-60 of the Chapter 18 is hereby amended to read as follows: "Sec. 18-60. Penalty. It shall be unlawful for any person to violate any of the provisions of this article and any person violating this article or any provision hereof shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and each day that a violation continues shall constitute a separate offense." J. That Section 26 of the Appendix "A" is hereby amended to read as follows: "Section 26. Penalty for Violations 26.100. Any person violating or failing to comply with any of the provisions of this ordinance shall be fined upon conviction not less than one dollar ($1,00) nor more than two thousand dollars ($2000.00), and each day any violation or noncompliance continues shall constitute a separate and distinct offense. That penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Texas Revised Civil Statutes, Article 1011-h and as many as may be amended, may be exercised in enforcing this ordinance whether or not there has been a criminal complaint filed. In addition to the penalty provided, the right is hereby conferred and extended to any property owner of property in any district where such property may be affected by a violation of the terms of this ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners." K. That Section 18 of the Appendix "B" is hereby amended to read as follows: "Sec. 18. Penalty. Any person or corporation who shall 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 statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than five hundred dollars ($500.00), and each day of such violation shall constitute a separate offense." Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not effect 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. The fact that the present zoning ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED this ~/~A day of ~,1987. Don Amick, ~oY ' ! ATTEST: Pat~,,f~. ?' Hick~';~ P P~.'E D{..~ ~A~, .~ ~0 FO : City Att~~''