OR 303 New penalty section ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 303
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY BY PROVIDING A NEW PENALTY SECTION FOR THE
GENERAL PROVISIONS OF SUCH CODE TO ESTABLISH A GENERAL PENALTY CLAUSE
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR
EACH OFFENSE; PROVIDING FOR THE IMPOSITION OF FINES IN ACCORDANCE WITH
STATE LAW; PROVIDING FOR A FINE OR PENALTY NOT TO EXCEED THE SUM OF
ONE THOUSAND DOLLARS ($1,000.00) FOR VIOLATIONS OF RULES, ORDINANCES AND
POLICE REGULATIONS THAT GOVERN FIRE SAFETY, ZONING, PUBLIC HEALTH AND
SANITATION, OTHER THAN VEGETATION AND LITTER VIOLATIONS; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Senate Bill 856 has been enacted by the Texas Legislature to provide
a fine or penalty not exceeding One Thousand Dollars ($1,000.00) for violations of fire
safety, zoning, public health and sanitation ordinances, other than vegetation and litter
violations; and
WHEREAS, it is necessary for the City Council to enact an ordinance to establish
such fine or penalty; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the Code of Ordinances of the City of Coppell, Texas, be, and the same
is hereby, amended by amending the penalty section of the genera] provisions of said
Code to read as follows:
"PENALTY FOR VIOLATION OF THIS CODE
Whenever in this Code or in any ordinance of the City, or in any rule or
regulation promulgated pursuant thereto, an act is prohibited or is made
or declared to be unlawful or an offense or a misdemeanor, or whenever
in such Code or ordinance the doing of any act is required or the failure
to do any act is declared to be unlawful, where no specific penalty is
provided therefor, the violation of any such provision of this Code or any
ordinance, rule or regulation shall be punishable by a fine not exceeding
Two Hundred Dollars ($200.00); provided, however, that where the offense
is one for which a penalty is fixed by state law, or where a penalty
provided by this Code, any ordinance of the City, any rule or regulation
enacted pursuant thereto is in conflict with state law, the penalty for
such offense shall be the same as fixed by state law; provided, further,
that violations of this Code or any rule, ordinance or police regulation
enacted pursuant hereto that govern fire safety, zoning, public health and
sanitation, other than vegetation and litter violations, including all
amendments to the Comprehensive Zoning Ordinance, shall be punishable
by fine or penalty not exceeding One Thousand Dollars ($1,000.00). Each
day any violation of this Code or other ordinance, rule or regulation
enacted pursuant hereto shall continue shall be deemed to constitute a
separate offense, unless otherwise provided."
SECTION 2.
That Section 6 of Ordinance No. 256 (the ordinance that originally adopted the
Coppert Code of Ordinances) is hereby repealed to the extent that it is in conflict with
the provisions of this ordinance, and the same is hereby amended as herein provided.
Any section of the Code of Ordinances of the City of Coppe]], Texas, presently providing
for a penalty of fine is hereby repealed to the extent it is in conflict with this ordinance.
SECTION 3.
The sections, paragraphs, sentences, clauses, and phrases of this ordinance and
the Code of Ordinances, as amended hereby, are declared to be severable and should
any section, paragraph, sentence, clause, or phrase of this ordinance or the Code of
Ordinances, as amended hereby, be declared unconstitutional or invalid by a court of
competent jurisdiction, such declaration shah not affect any of the remaining portions
of this ordinance or the Code of Ordinances, as amended hereby, and not so declared.
SECTION 4.
This ordinance shall take effect immediately from and after its passage and
publication of the caption as the law and charter in such cases provides.
DULY PAS,~ED by the City Council of the City of Coppell, Texas, on this the
' day of i_/j~ ~J~ ~;_ L'~ > , 1984.
APPROVED:
' ' ' MAY
ATTEST:
CIT~. SEC RET~Y
APPROVED AS TO FORM:
E
/
C03-1384