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HomeMy Public PortalAboutOrdinance No. 581-88 04-25-1988 i ORDINANCE NO. 581 • AN ORDINANCE AMENDING SUBSECTION F, "GENERAL PENALTY FOR VIOLATIONS OF CODE" OF SECTION 1 OF CHAPTER 1, "GENERAL PROVLSIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, TO RALSE TO $2,000.00 PER DAY THE MAXIMUM FINE FOR VIOLATIONS OF ORDINANCES GOVERNING FIRE SAFETY, ' ZONING AND PUBLIC HEALTH AND SANITATION, INCLUDING VEGETATION AND LITTER VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.. WHEREAS, at the most recent session of the Legislatwe, the maximum permissible penalty for violations of ordinances governing fire safety, zoning and public health and sanitation, including dumping of refuse, was raised from $1,000.00 per day to $2,000.00 per day; and WHEREAS, the City Council of the City of Richland Hills, Texas, finds it to be i in the best interests of the public health, safety and welfare to increase the i penalties for such violations in the City to the maximum permitted by law. ' NOW, THEREFORE, be it ordained by the City Council of the City of Richland Hills, Texas: I. That Subsection F, "GENERAL PENALTY FOR VIOLATIONS OF CODE" of Section 1 of CHAPTER 1, "GENERAL PROVISIONS" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: F. ~FNERAL PENALTY FOR VIOLATIONS OF CODE i Whenever 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 an act is required or the failure to do any act is declared to be unlawful, 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 not exceeding two hundred dollars ($200.00); except for violations of municipal ordinances that govern fire safety, zoning, and public health and sanitation, including vegetation and litter violations in which the maximum fine shall be two thousand dollars ($2,000.00) for each offense. Provided, however, that no penalty shall be greater or less than the penalty ~ provided for the same or similar offense under the laws of the State. Each day, or fraction thereof, that any violation of this Code or of any ordinance shall continue shall constitute a separate offense. Any violation of any provision of this Code of Ordinances which constitutes an immediate danger to the health, safety, and welfare of the public may be enjoined in a suit brought by the City for such purposes. I • i i ORDINANCE NO. 5 8 ~ Page 1 . , . II. 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality i shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. SAVING CLAUSE. That Chapter 1 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of ~ the Richland Hills City Council on the 25thday of Aprii 1988; by a vote of 5 ayes, ~ nays ands abstentions. APP VED: ,C i Paul Daniels, Mayor AT T: , Paulene Kempe, City S cretary A~ PPRO S T FORM•%r. I Paul F. Wieneskie, City Attorney 0085a/dd/41188 ORDINANCE NO. 581 Page 2 ~ i