HomeMy WebLinkAboutOrdinance No. 541 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONYv TEXAS
AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 10 RELATING TO WEEDSv TRASH AND
RUBBISH BY AMENDING SECTION 10-83 THEREOF;
RELATING TO GROWTH HEIGHT LIMITATIONS IN
CERTAIN AREAS; PROVIDING A PENAL?Y} PROVIDING
A SEYERABILITY C~AUSE; DECLARING AN EMERGENCY
AND PROVIDINg AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Chapter 10 of the Code of Ordinances of
the City of The Colony, Texas (the "City") relating to health and
sanitation as amended in the fol3owing particulars and all other
Sections, Subsections, Paragraphs, Sentences, Definitions,
Phrases and Words of said Code of Ordinances are not amended but
shall remain intact and are hereby ratified, verified, approved
and affirmed:
A. That Section 10-83 is hereby amended to read as
follows:
Section 10-83. Growth height limitations in specified
areas.
(a) "It shall be unlawful for any person owning,
claiming, leasing, occupying or having supervision or
control of any real property, occupied or unoccupied,
within the city to permit weeds, grass or brush to
grow, notwithstanding such persons did not permit such
growth, to a height greater than twelve inches, or to
allow the accumulation of any trash, rubbish or any
other type of objectionable.or unsightly matter to
accumulate, notwithstanding such persons did not permit
such accumulation upon such property, within one
hundred and fifty feet (150') of any property line
which abuts street rights-of-way, alleys, utility
easements, subdivided additions, developed property or
any buildings or other structures."
(b) " ...... It shall be unlawful for any reason to fail
to cut and remove said weeds, gras or brush, notwithstanding
such person did not permit such growth, and it shall
similarly be unlawful to fail to remove such trash, rubbish,
debris or any other type of objectionable or unsightly
matter, notwithstanding such persons did not permit such
accumulation to occur, referred to in this section and
above, and such failure shall constitute a violation of the
terms of this article."
Section 2. That the health and sanitation regulations as
herein established have been made for the purpose of promoting
the health, safety, morals and the general welfare of the
community.
Section 3. Any person violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Hundred Dollars ($200.00) for each offense and a separate offense
shall be deemed committed upon each day during or on which a
violation occurs or continues.
Section 4. This ordinance shall be cumulative of all
other ordinances of the City affecting health and sanitation and
shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
Section 5. If any sentence, article, paragraph, clause,
phrase or word in this Ordinance, or application thereof to 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.
Sec%ion 5. The f~ct that the present 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 so accordingly
so ordained.
PASSED AND APPROVED THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this~day of~o-c4_ , 1988.
Don~mick, Ma~6f~ ~
ATTEST:
City Attorney