HomeMy WebLinkAboutOrd 2024-4004_E-Cigarette and VapeORDINANCE 2024-4004
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS
RELATED TO E-CIGARRETTENAPE STORES; 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, THAT:
Section 1. That Chapter 106, "Zoning," Article 111. "Districts", Division 3, "Commercial District
Regulations", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use
classification for e-cigarette and vape stores within the table established in such section for
tobacco and smokers' supply & cigar stores, which said use classification shall be inserted
within such table in the proper numerical sequence, to hereinafter read as follows:
2017 NAICS Code
2017 NAICS Title
**
NC
MS
GC
MD
BI
LI
III
453991
Tobacco and Smokers' Supply
C
C
C
C
C
C
C
[ores Tobacco & Ogg Stores
453991
Tobacco and Smoker's Supply
C
[ores (E-Cigarette and Vape
Stores)
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision
of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 3. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any
provision contained herein is hereby repealed to the extent of any conflict.
Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause,
of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance; and it is hereby declared to be the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of
the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared
invalid.
Section 5. 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 was 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 the Open Meetings Act, Chapter 551, Texas 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 6. 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.
PASSED and APPROVED this, the 14" day of October 2024.
CITY OF LA
Rick Helton,
APPROVED AS TO FORM:
Clark T. Askins, City Attorney