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HomeMy WebLinkAboutO-2010-3243 amending landscaping, tree preservation and tree replacement standards; and establishing a tree fundREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 26, 2010 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance (showing changes) Ordinance Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA SUMMARY Recent developments have generated preliminary discussion on possible revision of landscaping standards to Chapter 106 (Zoning) of the Code of Ordinances. The purpose is to enhance the overall impression of the City, to have quality developments along major thoroughfares, and attract new sustainable businesses to La Porte. Staff analyzed the situation thoroughly and presented this item to the Planning and Zoning Commission for discussion and further guidance in order for possible changes to the Code of Ordinances relating to landscaping, tree preservation, tree replacement and establishing tree fund in La Porte. Current ordinances require minimum landscaping to be 6%. Instead, a landscape area four feet in width is recommended along the front property line and along the side property lines to the building setback line or building, whichever distance is greater. Corner lots shall be treated as having two front property lines. Proposed landscaping shall be a combination of trees and shrubs. The existing provision for tree preservation requires that any native tree within 15 feet of the street right-of-way line or easement line abutting front yard or within ten feet of street right-of- way line or easement line abutting required side yard with a trunk exceeding six inches in diameter should not be removed or destroyed. To encourage preservation of existing large trees, an overall developed site area is recommended for consideration under this section. A tree disposition plan or tree survey would be required for tree replacement in the case of removal or damage to a native tree or qualifying protected tree. In addition, a tree fund is introduced as an optional means of mitigating tree loss or conflict regarding site development. Monies from the tree fund would be allocated to purchase trees required for replacement. It is staff's opinion that the above measures will protect urban environment of the City from unreasonable harm during development and predevelopment activities. In addition, proposed amendments to the ordinance will enhance beauty, creation of open space, preserving trees, and to create sense of place for subdivisions, corridors, and community entryways. Staff with the guidance from the Planning and Zoning Commission reviewed proposed amendments to the Chapter 106 of the Code of Ordinances. After workshops and public hearing at the March 24, 2010, meeting, the Planning and Zoning Commission, by a unanimous vote, recommended amendments related to landscaping, tree preservation, tree replacement, and tree fund to be included in Chapter 106 (Zoning). Action Required by Council: 1. Conduct a Public Hearing 2. Approve or amend an ordinance amending Chapter 106 (Zoning) to amend landscaping, tree preservation, tree replacement, and tree fund provisions of the ordinances. Ron Bottoms, City Manager 41)),116 Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING LANDSCAPING, TREE PRESERVATION AND TREE REPLACEMENT STANDARDS; ESTABLISHING A TREE FUND; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be added in proper alphabetical sequence, and to read as follows: Caliper — the diameter of the main stem or trunk of a tree measured at 6" above the around. adjoining streets. Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is hereby amended by amending Section 106-800 "Landscaping", which section shall read as follows: "Sec. 106-800. Landscaping. (a) Landscaping is required along the front property line and along the side property lines in a minimum four feet wide planting strip with a combination of trees and shrubs. pereentages spee-i€ied in seEt.iens .06 333, 106 443, 522. Corner lots shall be treated as having two front property lines. A certified site plan and/or separate landscape plans shall be submitted in conjunction with building permit applications. A landscape legend on the site plan shall include type, size, and number of plantings existing and proposed at site Approval of landscape requirements is a condition of building permit approval. Total aro of ..o,,uirea (3) The effe"ir-e 1.,,,.1seaping shall b e based on the tet.,l .. develop a Co uric -arch. (b) Landscaping within public rights-of-way . will not contribute towards a total required landscaping perEentage for parking and open -space areas unless approved by the Director. Landscaping on public property or easements is at owner's risk and subject to the requirements of section 106-794 of this Chapter. (c) Landscaping plans shall be developed using the following criteria: (1) Location. a. Required landscaping shall be located in adjacent to the front and side prove lines 3afd. There shall be at least one ornamental tree for every thirty linear feet of front property landscape area on sites not abutting major thoroughfares. For sites abutting maior thoroughfares. there shall be at least one ornamental tree for every b. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three and six feet as measured vertically from the adjacent prevailing grade. c. Parking Lot Requirements. i. Parking lot with minimum twenty spaces shall provide a planter at the ratio of one for every ten parking spaces. ii. Planters (min. 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree. Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. iii. The minimum size of parking lot trees shall be minimum two-inch caliper. iv. The minimum height of parking lot trees shall be six feet. (2) Types of plants and materials. Trees, Grass, ge„ma ve , flowering and non- flowering plants, shrubs, and wood, timber, stone, fountains, and ponds may be used for required landscaping. a. Q C. (3) Maintenance. Required landscaping must be maintained by the property owner and/or occupant. Vehicles should not encroach unon nerimeter laniiRnnne nrPac (4) Irrigation. A programmable automatic irrigation system shall be provided to all landscaped areas. Water conservation or rain sensor devices shall be used in accordance with applicable City requirements. (d) Landscaping/screening for shipping container facilities. (1) The property owner or tenant shall provide a natural screening. This will be accomplished in one of three ways. a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective opaque visual screening of the shipping container development. b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. Develop a screening plan that would be approved by the city that includes a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. (2) The property owner or tenant will provide screening along the frontage of the site and along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or residential use, the screening shall be required for the entire length of the adjacent yard area. (3) All required screening shall be adjusted away from overhead power lines to allow for full maturity of the trees without unnecessary trimming or topping of the trees. Section 3. That Chapter 106 of the La Po "Supplementary District Regulations", Division hereby amended by amending Section 106-801 follows: "Sec. 106-801. Tree Preservation. Por Code of Ordinances, "Zoning", Article V. 4. "Fencing and Landscaping Requirements" is "Tree Preservation", which section shall read as (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The City encourages site planning which furthers the preservation of trees and natural areas by the following methods: to protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees,• require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting or through a contribution to the tree fund established in Section 106-803 of this Chapter. It is the further intent of this section to achieve the following objectives: 1. Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the City to the degree possible. 2. Protect and increase the value of residential and commercial properties within the City. 3. Discourage premature clear -cutting of property. 4. Maintain and enhance a positive image for the attraction of new developments to the City. (b) It shall be unlawful for any person to cause or permit the destruction of any native tree within 15 feet of awv st-Feet 6EM of way line OF easemetit line abu#ine the r-eauir-ed fr-on yard -within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84 -inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only." Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 43. "Fencing and Landscaping Requirements" is hereby amended by amending Section 106-802 "Tree Replacement", which section shall read as follows: "Sec. 106-802. Tree Replacement A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any gualifying_protected tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, applicant shall be required to replace the tree(s) being removed with replacement trees as follows: (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size. Replacement trees must normally have a trunk dete caliper of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk diameter caliper for certain species of trees, i.e. Crepe Myrtle. (c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list "native or protected" of the City. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must 4 be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. A sufficient number and diameter of replacement trees shall be planted on the subject site in order to equal the total diameter inches as determined above. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section." Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows: "Sec. 106-803. Tree Fund. There is hereby established a tree fund, which shall be administered by the Director of Parks and Recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of one hundred dollars ($100.00) per caliper inch of tree otherwise required or shall be periodically adjusted as the market value of replacement trees warrants. The owner or developer of aU lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the City, pay a prescribed fee/amount into the tree fund in accordance with the following, conditions: 1. Residential and non-residential site plans/plats — payment to the tree fund must be received by the City prior to the submission of the development site plan and/or final plat approval by the Planning and Zoning Commission. 2. Building permits not requiring site plans/plats — payment to the tree fund must be received by the City prior to the issuance of a building permit. Sections 106-804 —106-830. Reserved." Section 6: 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 7: 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 of this ordinance are declared to be severable. Section 8. 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 9. 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, Texas Local Government 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 10. 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 once 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 the day of 92010. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney JVi� An ORDINANCE NO. 3d `I 3 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING LANDSCAPING, TREE PRESERVATION AND TREE REPLACEMENT STANDARDS; ESTABLISHING A TREE FUND; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be added in proper alphabetical sequence, and to read as follows: Caliper — the diameter of the main stem or trunk of a tree measured at 6" above the ground. Landscape Buffers — use of landscaping to provide separation between dissimilar land uses. Width is based on the zoning of the development and abutting property and adjoining streets. Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is hereby amended by amending Section 106-800 "Landscaping", which section shall read as follows: "Sec. 106-800. Landscaping. (a) Landscaping is required along the front property line and along the side property lines in a minimum four feet wide planting strip with a combination of trees and shrubs. Corner lots shall be treated as having two front property lines. A certified site plan and/or separate landscape plans shall be submitted in conjunction with building permit applications. A landscape legend on the site plan shall include type, size, and number of plantings existing and proposed at site. Approval of landscape requirements is a condition of building permit approval. (b) Landscaping within public rights-of-way will not contribute towards a total required landscaping for parking and open -space areas unless approved by the Director. Landscaping on public property or easements is at owner's risk and subject to the requirements of section 106-794 of this Chapter. (c) Landscaping plans shall be developed using the following criteria: (1) Location. a. Required landscaping shall be located adjacent to the front and side property lines. There shall be at least one ornamental tree for every thirty linear feet of front property landscape area on sites not abutting major thoroughfares. For sites abutting major thoroughfares, there shall be at least one ornamental tree for every twenty linear feet. Trees shall be planted in a boulevard type manner on center and uniform distance from the curb or pavement. b. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three and six feet as measured vertically from the adjacent prevailing grade. c. Parking Lot Requirements. i. Parking lot with minimum twenty spaces shall provide a planter at the ratio of one for every ten parking spaces. ii. Planters (min. 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree. Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. iii. The minimum size of parking lot trees shall be minimum two-inch caliper. iv. The minimum height of parking lot trees shall be six feet. (2) Types of plants and materials. Trees, flowering and non -flowering plants, shrubs, wood, timber, stone, fountains, and ponds may be used for required landscaping. a. Shade trees shall be minimum of two-inch caliper and shall be selected from City's recommended native/protected trees and plants list. Ornamental trees shall be minimum of six feet in height at the time of planting. b. Shrubs or hedgerow plants shall be no less than five gallons in size and spaced no more than three feet on center. c. Combination of trees and shrubs in a required landscape area should form a continual evergreen hedge or row when screening a parking area. (3) Maintenance. Required landscaping must be maintained by the property owner and/or occupant. Vehicles should not encroach upon perimeter landscape areas or planters. Wheel stops must be provided along perimeter frontage to ensure no overhang or damage to landscape area. (4) Irrigation. A programmable automatic irrigation system shall be provided to all landscaped areas. Water conservation or rain sensor devices shall be used in accordance with applicable City requirements. (d) Landscaping/screening for shipping container facilities. (1) The property owner or tenant shall provide a natural screening. This will be accomplished in one of three ways. a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective opaque visual screening of the shipping container development. b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. C. Develop a screening plan that would be approved by the city that includes a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. (2) The property owner or tenant will provide screening along the frontage of the site and along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or residential use, the screening shall be required for the entire length of the adjacent yard area. (3) All required screening shall be adjusted away from overhead power lines to allow for full maturity of the trees without unnecessary trimming or topping of the trees. Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is hereby amended by amending Section 106-801 "Tree Preservation", which section shall read as follows: "Sec. 106-801. Tree Preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The City encourages site planning which furthers the preservation of trees and natural areas by the following methods: to protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting or through a contribution to the tree fund established in Section 106-803 of this Chapter. It is the further intent of this section to achieve the following objectives: 1. Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the City to the degree possible. 2. Protect and increase the value of residential and commercial properties within the City. 3. Discourage premature clear -cutting of property. 4. Maintain and enhance a positive image for the attraction of new developments to the City. (b) It shall be unlawful for any person to cause or permit the destruction of any native tree within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84 -inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only." Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is hereby amended by amending Section 106-802 "Tree Replacement", which section shall read as follows: "Sec. 106-802. Tree Replacement A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any qualifying protected tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, applicant shall be required to replace the tree(s) being removed with replacement trees as follows: (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. (c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list "native or protected" of the City. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. A sufficient number and diameter of replacement trees shall be planted on the subject site in order to equal the total diameter inches, as determined above. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section." Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows: 4 "Sec. 106-803. Tree Fund. There is hereby established a tree fund, which shall be administered by the Director of Parks and Recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of one hundred dollars ($100.00) per caliper inch of tree otherwise required or shall be periodically adjusted as the market value of replacement trees warrants. The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the City, pay a prescribed fee/amount into the tree fund in accordance with the following conditions: 1. Residential and non-residential site plans/plats — payment to the tree fund must be received by the City prior to the submission of the development site plan and/or final plat approval by the Planning and Zoning Commission. 2. Building permits not requiring site plans/plats — payment to the tree fund must be received by the City prior to the issuance of a building permit. Sections 106-804 —106-830. Reserved." Section 6: 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 7: 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 of this ordinance are declared to be severable. Section 8. 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 9. 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, Texas Local Government 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. 5 Section 10. 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 once 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 the. day of � ld '2010. 1 CITY OF LA PORTE Myfor ATTEST: City ecretary APPROV ssistant City Attorney