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HomeMy WebLinkAboutORD 10-085 ORDINANCE NO. 10-085 ENTITLED AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the Code of Ordinances, a copy of which is attached hereto and made a part hereof for all purposes, consisting of Chapters 1 to 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Beaumont," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances passed by the City Council prior to September 7,2010, except such as by reference thereto are expressly saved form repeal or continued in force and effect for any purpose. Section 2. That all provisions of such Code shall be in full force and effect from the date this ordinance becomes law and all ordinances of a general and permanent nature of the City of Beaumont enacted on final passage on or before September 7, 2010, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. That no resolution of the City, not specifically mentioned, is hereby repealed. Section 3. That the repeal provided for in Section 2 hereof shall not affect: (1) Any offense or act comitted or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; (2) Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; (3) The administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code; (4) Any right or franchise granted by any ordinance or resolution of the City Council to any person, firm or corporation; (5) Any ordinance dedicating,naming,establishing,locating,relocating,opening, paving, widening, vacating, etc., any street or public way in the City; (6) Any annual appropriation ordinance; (7) Any ordinance levying or imposing taxes; (8) Any ordinances prescribing traffic regulations on particular streets or other public ways, not inconsistent with such Code; (9) Any zoning ordinances not inconsistent with such Code; (10) Any ordinance establishing and prescribing the street grades of any street in the City; (11) Any ordinance providing for local improvements and assessing taxes therefor; (12) Any ordinance dedicating or accepting any plat or subdivision in the City; (13) Any ordinance extending the boundaries of the City; (14) Any building ordinance not inconsistent herewith; (15) Ordinances prescribing water and sewer rates not inconsistent with such Code; (16) Any ordinance or resolution regulating utilities within the City. Nor shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance witch is repealed by this ordinance. Section 4. Any addition or amendment to such Code,when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the Code of Ordinances of the City of Beaumont shall be understood and intended to include such additions and amendments. Section 5. A copy of such code shall be kept on file in the office of the City Clerk, preserved in looseleaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinance of Beaumont. Section 6. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is otherwise 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, and not exceeding$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 7. In case of the amendment to any section of such Code for which a penalty is not provided, the general penalty as provided in Section 6 of this ordinance and Section 1.01.009 of such Code shall apply to the section as amended;or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty as provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section 8. It shall be unlawful for any person, firm or corporation in the City to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Beaumont to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 6 of this ordinance. Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall become effective upon final passage of this ordinance. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of October, 2010. to,elf ji - ayor Becky Ames-