Ord. 0499-02 03-13-89ORDINANCE NO. 499-2
AN ORDINANCE AMENDING SECTION 1-11 OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO
PROVIDE FOR A GENERAL PENALTY NOT TO EXCEED
$500.00 FOR VIOLATIONS OF THE CODE WHERE A
PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO
EXCEED $2,000.00 FOR VIOLATION OF ANY OF THE
PROVISIONS OF CHAPTER 6 (ANIMALS AND FOWL), 10
(FIRE PREVENTION AND PROTECTION), 11 (FOOD AND
FOOD HANDLERS), 13 (HEALTH AND SANITATION), AND
16 (MASSAGE ESTABLISHMENTS) OF THE CITY CODE OF
ORDINANCES FOR WHICH NO SPECIFIC PENALTY IS
PROVIDED; HAVING A SAVINGS CLAUSE; HAVING A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1.
Chapter 1 (General Provisions), Section 1-11 (General
penalty for violations of Code; continuing violations) of the Code of
Ordinances of the City of Pearland, Texas, shall be and is hereby
amended and shall read as follows:
"Section 1-11. General penalty for violations of Code;
continuing violations.
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 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, and no specific
penalty is provided herefor, the violation of any such
provision of this Code or any such ordinance shall be
punished by a fine of not exceeding five hundred dollars
($500.00); provided, however, that when such provision or
ordinance is codified in Chapters 6, 10, 11, 13 or 16 of
this Code, and no specific penalty is provided for violation
of such provision or ordinance, such violation shall be
punished by a fine of not exceeding two thousand dollars
($2,000.00); further 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 of any ordinance shall
continue shall constitute a separate offense. In the event
that any such violation is designated as a nuisance under
the provisions of this Code, such nuisance may be summarily
abated by the police department of the city."
Section 2.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
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shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
thereof.
Section 3.
All Ordinances and parts of Ordinances in conflict herewith
are hereby repealed, but only to the extent of such conflict.
Section 4.
It is the intent of the City Council of the City of
Pearland, Texas that this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 5.
The City Secretary shall cause this Ordinance to be
published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. This Ordinance shall then become effective
ten (10) days from and after its publication in the official City
newspaper.
PASSED AND APPROVED on first reading this / day of
ATTEST:
City Secretary
, A. D., 1989.
Mayor
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PASSED AND APPROVED on second and final reading this
day of
ATTEST:
City Secretary
APPROVED AS TO FORM:
cae
City Attorney
, A. D., 1989.
Mayor
VOTING RECORD (FIRST READING) FEBRUARY 27, 1989
Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff.
Voting "No" - None.
VOTING RECORD (SECOND READING) MARCH 13, 1989
Voting "Aye" - Councilmembers Tetens, Roberts, Bost and Wolff.
Voting "No" - None.
PUBLICATION DATE: MARCH 17, 1989
EFFECTIVE DATE: MARCH 27, 1989
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF
PEARLAND, TEXAS
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