Ord. 0499-01 08-10-87ORDINANCE NO. 499-1
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), 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 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
shall be deemed a separate, distinct and independent provision and
1
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, or on September 1, 1987, whichever is later.
ATTEST:
PASSED AND APPROVED on first reading this day of
/14.22.ti
City Secretary
A. D.. 1987.
Mayor
2
PASSED AND APPROVED on second and final reading this
day of
ATTEST:
City Se etary
APPROVED AS TO FORM:
, A. D., 1987.
Mayor
/0
VOTING RECORD (FIRST READING) JULY 27,1987
Voting "Aye" - Councilmembers Mack,
Frauenberger, Bost, and
Roberts
Voting "No" - None
VOTING RECORD (SECOND READING)
AUGUST 10, 1987
Voting "Aye" - Councilmembers Roberts,
Bost, Tetens, Frauenberger,
and Mack.
Voting "No" - None
PUBLICATION DATE: August 14, 1987
EFFECTIVE DATE: September 1, 1987
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.