HomeMy WebLinkAboutOrd No. 12-3574190
SECTION I
SECTION II
ORDINANCE NO. 12 -3574
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, ADOPTING
AND ENACTING A NEW CODE OF ORDINANCES; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;
PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING
FOR THE AMENDMENT OF SUCH CODE; PROVIDING A
CUMULATIVENESS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE.
WHEREAS, the City Council finds a codification of the City of Plainview, Texas
ordinances is necessary to assure updated and amended ordinances are included in
the Code; and
WHEREAS, the Code of Ordinances, consisting of Chapters 1 through 14, each
inclusive, and Appendices, will supersede any and all other general and permanent
ordinances passed by the City on or before February 28, 2012; and
WHEREAS, all ordinances on or previous to February 28, 2012, and not included
in the Code or recognized and continued in force by reference therein, will be repealed;
and
WHEREAS, penalties expressly provided in the Code shall apply to any
amended Code section as provided below; and
WHEREAS, ordinances adopted after February 28, 2012, amending or referring
to ordinances that have been codified in the Code shall be construed as if they amend
or refer to like provisions of the Code.
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
The Code of Ordinances of the City of Plainview, Texas, consisting of Chapters 1
through 14, each inclusive, and Appendices, is hereby adopted and enacted which shall
supersede all other general and permanent ordinances of the City passed on or before
February 28, 2012.
All ordinances of a general and permanent nature enacted on or before February
28, 2012, and not included in the Code or recognized and continued in force by
reference therein, are repealed.
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SECTION III
The repeal provided for in Section II hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance that is
repealed by this ordinance.
SECTION IV
Unless a differing penalty is expressly provided for within the Code, every person
convicted of a general violation of any provision of the Code or any rule, ordinance, or
police regulation of the City shall be punished by a fine not to exceed $2,000.00 for
violations of all such rules, ordinances and police regulations that govern fire safety,
zoning, or public health and sanitation, including dumping of refuse, shall not exceed
$500.00 for all other violations. Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. The penalty provided by
this Section, unless another penalty is expressly provided, shall apply to the
amendment of any Code section, whether or not such penalty is reenacted in the
amendatory ordinance. In addition to the penalty prescribed above, the City may
pursue other remedies such as abatement of nuisances, injunctive relief and revocation
of licenses or permits.
SECTION V
Additions or amendments to the Code when passed in such form as to indicate
the intention of the City Council to make same a part of the Code shall be deemed to be
incorporated into the Code, so that reference to the Code includes the additions and
amendments.
SECTION VI
Ordinances adopted after February 28, 2012, that amend or refer to ordinances
that have been codified in the Code shall be construed as if they amend or refer to like
provisions of the Code.
SECTION VII
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is not intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
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SECTION VIII
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein.
SECTION IX
This Ordinance and the Code adopted hereby shall be of full force and effect
upon final passage and publication as required by law.
PASSED AND APPROVED on first reading this 12 day of June, 2012.
PASSED AND APPROVED ON second reading this 26 day of June, 2012.
Belinda Hinojosa, City Secr
Ord. No. 12 -3574
Wendell Dunlap, Mayor
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