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0732 ORDINANCE NO. 732 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE TO PROHIBIT URINATING OR DEFECATING IN CERTAIN LOCATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; WHEREAS, the city council has determined that persons who urinate or defecate while visible on public or private property disrupt the peace and order of the public and constitute a health hazard and a nuisance; and WHEREAS, the city council desires to prohibit such nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Chapter 11 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 1 1-1, which shall read as follows: Sec. 11-1. Urinating and Defecating Prohibited in Certain Locations. (a) Offense. A person commits an offense if the person urinates or defecates: (1) on public property, unless the person is in an enclosed restroom or similar facility designed to handle waste in a sanitary manner; (2) on private property that the person does not own, unless the person has permission from the property owner and could not be seen by another not on that property; or (3) on private property that the person owns, unless the person could not be seen by another not on that property. (b) Exception. It shall not be an offense under this section for a person younger than 17 to perform an act described in subsection a. SECTION 2. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION $. SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting urinating or defecating that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time Page 3 within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF CITY SECRETARY DAY OF APPROVED AS TO FORM AND LEGALITY: City Attorney FED' I D. NO. 22-314825414414920 Star-Telegram AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 5 7 THE STATE OF TEXAS )unty of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 1/22ME 14414920 NOTICE OF PUBLIC I358 1x 56L 56 QUOTE . - NOTIHEOFPUBLIC 01/22-01/22 .._.._.. NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on Febru- ary 2,,1999 at 6:00 p.m.in the ity Council Chambers of City Hall,667 North Car- roll Avenue,Southlake, Tex- as. Purpose of the hearing is to consider the second reading of the followingordinance: CITY OFTS LAKE, ORDINANCE NO.732 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE TO PROHIBIT URINATING OR DEFECATING IN CERTAIN LO- CATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULANANC STPROVIDING A S OF ALL EDV- 25th JANUARY 1999 SI- u R BORACE CLAUSE„: O ;WORN TO BEFORE ME, THIS THE DAY OF VI- OLATIONS HEREOF PROVIDING A SAVINGS ` d CLAUSE;O PROVIDING FOR ,l•Al J!r/��i. . PUBLICATION IN THE OFFI- tiP. �;4 RHONDA R. GOKE Notary Public CIAL NEWSPAPER,'AND PRO- ;2 �r VIDING SAN ECTION 41VE DATE. 1.1 ••y COMMISSION EXPIRES PENALTY rr'• `P' TARRANT COUNTY,TEXAS Any person, firm or corpora- i9 ... -+: SEPTEMBER 8, 1999 tion who violates, disobeys, 0` ; omits, neglects or refuses $ " s .....vim to comply with or who re- sists the enforcement.of any F nancepshalli beofinedonor ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! more than Two Thousand Dollars (S2,000.00) for each offense.Each day that—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT a violation is permitted to ex-I ist shall constitute a sepa- rate offense. City of Southlake I Sandra L.LeGrand City Secreta Star_Ilnlelegrail REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 14414920 ACCOUNT CIT57 AMOUNT 45 . 36 NUMBER DUE PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 45 . 36 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO: 22-3148254 14506267 AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 E STATE OF TEXAS anty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMTE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 2/05ME 14506267 ORDINANCE NO . 73 I358 1x 45L 45 QUOTE 36 . 45 ORDINANCE NO.732 1 0 2�0 5-0 2/0 5 AN ORDINANCE AMENDING - OCF�ORDINANCPTER 11 OES OFF THE C THE CITY OF SOUTHLAKE TO' PROHIBIT IIRINATING OR --- --- --- DEFECAINCPROVIDING IN CERTAIN H LO- CATIONS,* CUTHMULATIVE OFALL ORDI- ORDI- NANCES;PROVIDING A SEV- - --- -- - - ERABILITY CLAUSE'PROVID INC FOR A PENALTY FOR VI- OLATIONS HEREOF;PROVID- ING A SAVINGS CLAUSE; ---- ---- - - - - - -- - - PROVIDING FOR PUBLICA- TION ER AND THE OFFICIAL NEWS- AN EFFECTIVE DATE. - ---- - --- SECTION 4. PENALTY Any person, firm or corpora- tion who violates, disobeys, )mils, neglects or refuses c o comply with or who re- J ;fists the enforcement of any if the provisions of this ordi- nance shall be fined not FEBRUARY 1"� more than Two Thousand SWORN TO BEFORE ME, THIS THE gth DAY OF S Ddlars 152,000.00) for each offense. Each day that '/� ;�(� �y a violation is permitted to i ,a `��`.�, l v�l� �• i �4, ex- ist shall constitute a sepa- rate offense. �f•• -•••�mh Notary Public PASSED AND APPROVED ON S �rrj RHONDA R. GOKE THE 2ND DAY OF FEBRU- ARY, 1999, DURING THE >'i•; F /'REGULAR CITY COUNCIL s'�''; COMMISSION EXPIRES P MEETING. if.,. .N 4/ MAYOR RICK STACYATT v '';' •oF .+ SEPTEMBER 8, 1999TARRANT COUNTY,TEXAS LEGRANDS CI CITY SAECRETARY I APPROVED AS TO FORM: , ���1� ��"'��~ I EE. .A LLENn AYLOR JR., PLEASE NAY I NIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! L---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j Star-'l'elegrai'ii REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\ 14506267 ACCOUNT CIT57 AMOUNT 36 . 45 NUMBER DUE PAGE1 IF ANY QUESTIONS, PLEASE CAL4817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 36 . 45 PLEASE WRITE IN AMOUNT ENCLOSED