HomeMy WebLinkAboutO-2003-2623-B
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
June 23, 20~
D. Wilmore rf
Plannin~ G
Budl!et
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Ordinance #2003-2623-B
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Ordinance #2003-2623-A [implementing a (6") weed height otllQtsand 12': on acreage] was passed by City Council
at their January 14,2008 meeting. Since that implementation of the 6" regulation, citizens have expressed concerns
to staff and Council.
A June 09, 2008 workshop was held to discuss existing weed regulations and fees. While fees are not proposed to
change, there is a proposal to change the weed height. Council asked that an ordinance be prepared for the June 23,
2008 regular meeting and a final decision on the new height will be made at that time.
Also, the City Attorney's office is recommending that an unrelated provision added in the January amendment that
reads as follows: "Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined in this chapter, during the prosecution of such offenses in any criminal proceeding", be removed. This is
because it was determined that if the City wants to imposes fines higher than $500 - and this ordinance imposes a
maximum fine of $2000- the City must allege and prove that a violator "intentionally or knowingly" allowed weeds
to exceed the maximum allowable height, in cases in Municipal Court.
ORDINANCE NO. 2003-2623-B
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE IV.
"UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES," SECTION 34-126
"DEFINITIONS", REGARDING MAXIMUM ALLOWABLE HEIGHT OF WEEDS ON
LOTS AND ACREAGE IN CITY; SECTION 34-127 "ENFORCEMENT OF ARTICLE";
PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-126 "Definitions," of the Code of Ordinances, La Porte, Texas,
is hereby amended by amending the existing definition for the term "weeds", to be included in
said section in proper alphabetical sequence, and which definitions shall read as follows:
"Weeds means all rank and uncultivated vegetable growth or matter which has grown to more
than-flt.l#'I1L inches (/J.- ") on lots and f'l~.lee/} inches ~") on acreage or which,
regardless of height, is liable to become an wholesome or decaymg mass or a breedmg place
for mosquitoes or vermin."
Section 2: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-127 "Enforcement of article", of the Code of Ordinances, La
Porte, Texas, is hereby amended to read as follows:
"Sec. 34-127. Enforcement of article.
The terms and conditions of this article shall be enforced by the director of planning or
his duly designated agents. It is unlawful and, unless otherwise declared in this chapter with
respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail
to perform any act required in this article."
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or Circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions ofthis ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least twice within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this th:JJtJ day of F ' 2008.
CITY OF LA PORTE
By:
ATTEST:
L1Ji!tW1J1~
City Secretary
APP~
t M;:-~
City Attorney
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