O195r1
ORDINANCE NO. 195 F1 ' 't''F~-~~- ' '_
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE III, DIVISION 1 OF
THE CITY'S CODE BY PROVIDING LIMITED AUTHORITY TO ANIMAL
CONTROL OFFICERS, CODE ENFORCEMENT AND CODE
COMPLIANCE OFFICERS,ANDTHE FIRE MARSHALANDASSISTANTS
TO ISSUE CITATIONS FOR CODE OR ORDINANCE VIOLATIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale 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 of Kennedale desires to allow animal control officers, code
enforcement and code compliance officers, and the fire marshal and the fire marshal's
assistants to issue citations for ordinance or code violations for which the officers or
marshal's assistants are responsible for inspecting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE,~TEXAS:
SECTION 1.
Chapter 2, Article III, Division 1 of the City's Code by adding Section 2-47 to read
as follows:
Sec. 2-47. Authority to Issue Citations.
In addition to certified peace officers, any City animal control officeror animal
control officer's assistants, code enforcement officer or code compliance
officer, or fire marshal or fire marshal's assistants may issue a citation for a
violation of a City ordinance or a code adopted pursuant to a City ordinance.
The authority of the above officers and assistants, other than peace officers,
shall extend to the issuance of citations only for violations of an ordinance or
a code that the officer or assistant is charged with inspecting, overseeing, or
enforcing.
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SECTION 2.
CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the
Kennedale City Code, except when the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event the conflicting
provisions of such ordinances and such Code are hereby repealed.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.
SAVINGS
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Kennedale City Code or any other ordinances which
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.
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SECTION 5.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
PASSED AND APPROVED ON THIS J~ DAY OF ~~/u~'~~ , 2000.
.••`' F ANN''''
••. O ,....... ~'••., MAYOR
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' ATTEST:
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99
~~"''~,~,LOt1~'!.',,:.~`'~~~ CITY SECR~TARY
EFFECTIVE: G"/' /~' ~~
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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