Ord. 0499 09-09-85ORDINANCE NO. 499
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 $1,000.00 FOR VIOLATION OF ANY OF
THE PROVISIONS OF CHAPTERS 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 therefor, the violation 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); 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 one thousand dollars
($1,000.00); further provided, however, that no
penalty shall be greater or less than the penalty
provided for the same or a similiar 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 as 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,
passage of such Ordinance. This Ordinance shall then become
effective ten (10) days from and after its publication in the
official City newspaper.
day of
PASSED AND APPROVED ON FIRST READING this
.« , A.D., 1985. %�
ATTEST:
yy
City Se etary
the 024
Mayor, City of Pearland, Texas
PASSED AND APP OVER ON SECOND AND FINA
the 1 day of _____<R3 J ,/
ATTEST: �y
City Secretary
ADING this
, 1985.
Mayor, City of Pearland, Texas
APPROVED AS TO FO
ty A "` o
PUBLICATION DATE: SEPTEMBER 13, 1985.
EFFECTIVE DATE: SEPTEMBER 23, 1985
VOTING RECORD (FIRST READING)
AUGUST'26, 1985'
Voting "Aye" - Councilmen Gray,
Frauenberger, Bost, Tetens, and
Lentz
Voting "No" - None
VOTING RECORD (SECOND READING)
SEPTEMBER 9, 1985
Voting "Aye" - Councilmen Gray,
Frauenberger, Tetens, and Lentz
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Voting "No" - None