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HomeMy WebLinkAboutOrdinance - 8835-1985 - Ordinance Amending The General Penalty Provision Of The Lubock Code Of Ordinance - 09/26/1985. . . ll i' • • ; l I' d ,, 'I '" I! jl ! I DGV:js First Reading September 26~ 1985 Agenda Item #33 Second Reading October 10. 1985 Agenda Item #16 ORDINANCE NO. 8835 AN ORDINANCE AMENDING THE GENERAL PENALTY PROVISION OF THE LUBBOCK CODE OF ORDINANCES TO PROVIDE FOR MAXIMUM fiNES NOT EXCEEDING ONE THOUSAND DOLLARS FOR VIOLATION OF SPECIFIED PROVISIONS OF SAID CODE OF ORDINANCES; SPECIFYING THAT CERTAIN PENALTY PROVISIONS WITHIN THE LUBBOCK CODE OF ORDINANCES BE AMENDED TO PROVIDE FOR MAXIMUM FINES NOT EXCEEDING ONE THOUSAND DOLLARS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA- TION. WHEREAS, the Texas Legislature has amended Vernon's Ann.Civ.st., art. 1200gg, to provide the Lubbock Municipal Court of Record with the same jurisdictional fine amounts as is provided to non-record municipal courts with the State of Texas; and WHEREAS, Vernon's Ann.C.C.P., art. 4.14, provides that municipal courts may impose fines not exceeding One Thousand Dollars ($1,000.00) in all cases arising under the ordinances of a city governing fire safety, zoning and public health and sanitation, other than vegetation and litter violations; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to provide a higher maximum penalty in some Ordinances where such higher penalty is permitted; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 1-4, paragraph (a), of the Code of Ordinances of the City of Lubbock BE and is hereby amended to read as follows: (a) 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 any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the viola- tion of any such provision of this Code or any such Ordinance shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00), except should such provision of this Code or any such Ordinance govern fire safety, zoning or public health and sanitation, other than vegetation and litter violations in which case the maximum fine shall not exceed One Thousand Dollars ($1,000.00); provided, however, that 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 any Ordinance shall constitute a separate offense. SECTION 2. THAT the following named provisions of the Code of Ordinances of the City of lubbock BE and are hereby amended to read as follows: Sec. 11-18. Same--Warning signs required. The operator of premises housing a hotel or motel shall provide, post and maintain warning signs in each dwelling unit which bear the prohibition of subsection (a) in its entirety and which states, "ANY PERSON WHO SMOKES IN BED IN A HOTEL OR MOTEL ROOM IS SUBJECT TO A fiNE Of UP TO $1,000.00. City of lubbock Code Section 11-18. Sec. 11-47. Violation. Any owner or occupant of any building, structure or premises or any person responsible for the conditional of any premises who refuses or fails to comply with an order or direction of the fire marshal, given under the provisions of this division, to remove or remedy a hazardous condition, or who violates any provision of this division, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00). Each day of failure to comply with such order or direction or code provision shall constitute a separate offense. Sec. 11-72. Penalty. Any person violating, or failing to comply with any provision of the National fire Codes, 1982 Edition, as adopted, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not exceeding One Thousand Dollars ($1,000.00). Sec. 11-88. Penalty; seizure Violation of the provisions of this article is a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), and in addition the fire marshal or fire chief may seize, remove or cause to be seized or removed those fireworks offered or exposed for sale or stored or possessed or transported in violation of this Code. Sec. 12-17. Penalties. Any person who shall violate any of the prov~s1ons of this article shall be guilty of a misdemeanor punishable by a fine not - 2 - . I I exceeding One Thousand Dollars ($1,000.00), and in addition thereto, such person may be enjoined from continuing such violation. Sec. 12-46. Penalty. Any person violating any provision of this article or violating any order, decision or requirement of the City Health Officer or City Building Official shall upon conviction thereof be fined in any sum not exceeding One Thousand Dollars ($1,000.00), and each day any such violation shall continue, shall constitute a separate offense. Sec. 12-63. Violations. Any person being the owner, operator or person in charge at the time of any violation of the provisions of this article shall be deemed to be guilty of a misdemeanor punishable by a fine not exceed- ing One Thousand Dollars ($1,000.00). Sec. 12-102. Maintenance constitutes misdemeanor. Every nuisance defined in this article, whether generally or specifically, is prohibited and forbidden within the City, and any person making, causing, permitting, suffering or maintaining any of such nuisances as are defined generally or specifically, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00) and each day any such violation shall continue, shall constitute a separate offense. Sec. 14-192. Penalties. Any person violating any of the prov1s1ons of this article shall be fined an amount not exceeding One Thousand Dollars ($1,000.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Sec. 28-78. Continued Violation; penalties. Any person who shall continue any violation beyond the time limit provided for in Section 28-77 shall be guilty of a misdemeanor punishable by fine not exceeding One Thousand Dollars ($1,000.00). Where chemicals or substances that are damaging to sewer lines or treatment processes are released into the sewer causing rapid deter- ioration of these structures or interfering with proper treatment of sewage, the City may immediately terminate services by such measures as are necessary to protect the facilities. Reconnection to the -3 - , . . .I ! I sanitary sewer shall be accomplished at the owner's expense after the cause of the violation has been corrected and approved by the inspec- tor. Sec. 28-132. (I) Penalty: (a) Any person found to be violating any provision of this Section shall be served by the health officer with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanent- ly cease all violations. (b) Any person who shall make any installation of any individual sewage disposal system, or make a major addition thereto, or cause the same to be done, without a permit as herein required, or fail to secure any permit herein required, or who shall violate any other provision, or who shall continue any violation beyond the time limit provided herein, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Sec. 28-133. (C) Penalty: Any person found to be violating any prov1s1on of this Section shall be served by the health officer with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Any person failing to correct such violation within the time specified in the written notice, or within such extended period of time as may be granted by the health officer, shall be deemed to be maintain- ing a public nuisance, and shall be guilty of a misdemeanor punishable by fine not exceeding One Thousand Dollars ($1,000.00). SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. - 4 - SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 26th Passed by City COuncil on second reading this ATTEST: APPROVED AS TO CONTENT: tedB8r ~'the City Manager APPROVED AS TO FORM: Attorney - 5 - 1985. 1985. l. ,_ ·' .. r M-2320-R28 THE STATE OF TEXAS COUNTY OF LUBBOCK · Before me DorothY Russe II a Notarl Pu~lic if anA for Lubbock County. Texas on this day personally appeared BeverlY HZirPer. Ass • cs: • l!r •. of the ~outhwestern Newspa- pers Corporation. publishers of the Lubbock Aval.anche-Jo.urnal -Mornmg .. Evenmg .and Sunday, who being by me duly sworn did depose and say that sa1d newspaper has been pu~hshed c;ontmuously for more · · h r· t · t' f th" , Lt!l!al notice than fifty-two weeks pnor to t e 1rs mser ton o IS ______ ..=.;::..:::.:::...:.___::..;..:;;_:_;;;_: _______ _ · No. 692455 at Lubbock County. Texas and the attached print- ed copy of the LeI! Zl I N ° tIc e is a true copy of the original aQd was printed in the Lubbock Avalanche-J()urnal on the followingdates:d Oc,tober 12• 19t 1985 1046 words @ 76t Per wor = $794.96 LUBBOCK AVALANCHE-JOURNAL Southwestern Newsp~pers Corporation ciRDINAHCI! r.to. il.Q .. ' ·. .. iN: OROlNANCII OP tHE CtTV. COUNCtt. ' OF tHI!! CITY 0,. WBISIXK APPCCWING AND ADOPTING AN 'AMENDMENT TO THE,. URIIAN ·RENEWAL' f'I.AN . I"OR · I.UB&OCK 'NEIGH· BORHOOD , OEVI!I.OPMENT PROGRAM. NO. : TEX.A·t41elr FOUR Ttl ACTION YEAR, PHASe R-n. ' . . ',1'• ~ day of _o.;:....;;_ct-'-il.;;...b"-e_r __ , 19 85 • .. AN :C~tonf:.f~~,.N~.,N.?o= ! i'll:JNTa..r:::::1~t ~1-~ j THE CITY OF. LUBBOCK SO AS . . TO MAKE TloiE ·FOLLOWING ~~fJa~0~~mee~c~'"t !CHOn AI:>DillON TO THE CITY OF LUBBQCIC, LUBBOCK COUI'f.. . TV, TEXAS. :!0 DELETE LIMI- TATIONS ON C·2.ZONING CON· TAINI!D IN CONDITION "•n· OF ORDINANCE NO. 1589 AND PRO-VIDE! THAT IT·BE SUBJECT TO FURTHER CONDITIONS; PRO-VID.ING FOR· A .PENALTY AS" 1 PROVIDED FOR IN SECTION ~ 31Cal OF THE 'ZONlNG ORDI" ~ NANCE; PROVIDING A SAif, INGS CLAUSE AND PROVIDING FORPUBLICAtiON.. . • . ORDINANCE NO.I824 A,N ORDINANCE . AMENDING liG ZONING ORDINANCE NO. 1084 li·e"al ll AND· THE OFFICIAl. MAP OF A :> THE CITY. OF I,.UBBOCK SO AS 88 TO MAKE TilE FOLLOWING CHANGES: ZONE CASE NO. ------------------------------1 Ui.l; A CHANGE OF 'ZONIIIIQ 1-----!FROM "T" TO C..e OH'DER PliO. ' . '"~II:Akee..o. .... AN OR I . NOII\1 1'HI! Oe~:n t..PEN'1'tf.r PR:. .VISION OF 'ri-1111 LUII80CIC COOl!· OF OR~NANCES TO , PROVU>E . FOR N!A)CIMUM FINES NOT EXCEEDING ONE THOUSAND DOt.URS. FOR VIO. LAtJON .OF SP!;CIFIEO f'ROVI· liONS OF SAtO CODE OF OROI· NANCES; SPI!!C:tFYING ··THAT CERTAIN· PENALTY PROVI• $IONS WITHIN THE I.UB8ock .COOE 01" ORDINANCES 81! AMENQED TO PROVIDE POR MAXIMUM . FINES NOT. EX· CEEDING . ONE THOUSAND· DOLLARS; PROVIDING A SAV· JNGS CLAI,JSE't AND PROVIO-ING F~ PUBI.ICATIOtl. , • · ·· • ' OROINANCENO. 8?07 AN ORDINANCE OP THE CITY COUNCIL OF ·THE CITY. OF I.UBBDCk .APPROVING· A.ND ADOPTIN(Ii AN AMENDME.NT TO THE URBAN RI!!NEWAL PLAN FOR THE MEMOIUAI. 1 CENTER .. COMPLE.X '· URIJAN . RENEWAl. , PROJECT, NO. Tt:X.R-138!C),., .·. ··' . ORDINANCE NO •• 708 ; ,AN ORDINANCE OF.THE CITY' • 'COUNCIL· OF 'THE CIT'( OF• :. I.U880Cii: .APP,RO\IING. f.ND • . ADOPTING AN.: AMENDMENT . TO · THE . URBAN RENEWAL PUN FOR . l'tiE LUBBOCK NEIGHBORHC)OO DEVELOP· MENT PROGRAM. PROJECT . NO, Tfil:X.A·I41Cl., I lfiSIONS OF SECTION 29-29 o.OF THE CODE OF ~RDINANCES OF THE CITY OF •t.UBBoeK, ON A . TRACT OF LAND OUT OF SEC. ' nON 41. 81.0CK AK.. CITY OF , WB80(1(, 1,.:(1880CK COUNTY,; TEXASt SUBJECT TO CONDI-nONS; "PROYIDINQ. FOR A' PENALTY AS PROVIDED -FOR : IN SECTION ~ltli) OF THE . ZONING .ORDlNANCE; PROVID-j lNG A SAVINGS CLAUSE AND ··t~l.IOlfiG.· FOR PUBLICA-o ORDINANCE NO.I$27 AN ORDINANCE AMENDING , ZONII\IG. ORDINANCE . NO. 1UN 'AND THE OFFICIAl. MAP OF :THE CITY Cl" t.U880CK ,SO. AS :ro ' MAKE 'fHE FOLLOWING , CHANGES: · ZONI! CASE NO. ~ lS:II; A CHANGE CIF ZONING f FROM "T" TO •·I ZONING 015-i TRICT UNDER PROVISIONS OF ;$ECTION·~2t Oj; THE ZONING . OROINANCE AS CdOIFII!D, AND TO RE SPECII"IC ·USE PERMI'nl UNDER PROVISIONS li•~EOtQtl.lf::24(c)U) OF THE On lNG ORPDQ'NCe"F'OR"RD· . fD'!NTIAI. ESTATEs ON /'. TRACT OF lAND COMMONLY ICHOWN AS.THE! 'CARUSLE AN-NEXATION 'AND MORE PAR· tiCULARLY . DESCRIBED HEREIN, SAVE AND EXCEPT a!RTAIN AREAS WHICH HAVE . IU!EN PREVIOUSLY. ZONED AND ARt!. TO BE-EXCLUDED t FROM THESE R.f :AND RE S.PI:!-·ciFIC· USE DISTRICTS, ·ANO SAVE AND EXCEPT. CERTAIN 'AREAS WHICH ARE·NOT TO BE ~ REZONED AND AAE TO RE• '.MAIN ~. "T'" TRANS~TION DIS.. • TRICT1 SUBJECT. to CONOI-i'TIONS; PROVIOI~· f!OR A l PENALTY J PROVIDING A SAY• liNGS CLAUSE AND PROVIDING 1 FOR f'UBLICATION.