HomeMy WebLinkAboutOrdinance No. 05-1608
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 05-~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 10, ARTICLE
V, WEEDS, TRASH AND RUBBISH, BY AMENDING SECTION 10-83(a)(1)
TO PROVIDE AN EXCEPTION FOR REGULARLY CUL TIV A TED ROW
CROPS AND HAY FROM THE GROWTH HEIGHT LIMITATIONS OF
OVER 12 INCHES, BEGINNING AT A POINT OF FIFTEEN (15) FEET
FROM PROPERTY LINES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR A PENALTY OF A FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that it is in the best interest of the City to amend the
City Ordinance regulating weeds, trash and rubbish to provide an exception from the growth
height limitations for regularly cultivated crops and hay.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That Chapter 10 of The Colony Code of Ordinances, is hereby amended
by amending Section 1 0-83( a) (I ) and (2) which shall read as follows:
" Sec. 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:
(I) Permit weeds, brush, grass or any other objectionable or unsightly matter to grow to a
height greater than 12 inches upon such real property within 150 feet of any property
line which abuts street rights-of-way, alleys, utility easements, subdivided additions,
developed property or any buildings or structures. It shall be the duty of such person
to keep the area from the line of his property to the curb line adjacent to it, ifthere is a
curb line, and, if not, then to the centerline of the adjacent unpaved street, or to the
edge of the pavement, cleared of the matter referred to above.
(2) It shall be a defense to prosecution that such vegetation named in (I) above occurs on
property consisting of five (5) acres or more; is regularly cultivated crops provided
such crops are not grown within fifteen (IS) feet of any property line, within the
right-of-way of any public street or easement nor do they obstruct the necessary view
to and from adjacent right-of-way; and said crops are cultivated on property which
has been granted an agricultural property tax exemption on the most recent tax roll as
certified by the Denton County Appraisal District; or
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(3) allow any trash, rubbish or any other type of objectionable material or unsightly
matter (including but not limited to; stacks of old lumber, bricks or broken rock, or
fence panels) to accumulate on such property.
SECTION 2. That all provisions of the ordinances of the City of The Colony in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of The Colony not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 4. That an offense committed before the effective date of this ordinance is
governed by the prior law and provisions of the Code of Ordinances, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of The Colony, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as
the law and Charter in such case provide.
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PASSED AND APPROVED by the City Council of the City of The Colony, Texas, on
the 6th day of September, 2005.
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