O697 Prohibiting certain Bamboo, classifying it as a nuisanceORDINANCE NO. 697
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING
CHAPTER 15 "NUISANCES" OF THE CODE OF ORDINANCES BY
PROHIBITING CERTAIN BAMBOO WITHIN THE CITY AND
CLASSIFYING IT AS A NUISANCE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION
AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, 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 Texas Local Government Code; and
WHEREAS, Section 217.042 of the Texas Local Government Code authorizes a
home rule city to define, prohibit, and abate any nuisance within the municipality limits;
and
WHEREAS, the City Council of the City of Kennedale, Texas, finds that the
growing of bamboo results in rapid spreading and infestation of bamboo plants through
its root system and underground rhizomes; and
WHEREAS, the growth of bamboo plants may cause serious damage to
structures and plant materials located in the path of the underground root system; and
WHEREAS, the City Council desires to amend the Code of Ordinances to make
certain bamboo a nuisance; and
WHEREAS, the City Council has determined that the amendments to the Code
of Ordinances as set forth herein are in the best interest of the health, safety and
general welfare of the citizens of the City of Kennedale and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 15-3, "Definitions," of "Article I, "In General," of Chapter 15, "Nuisances,"
is hereby amended by adding the following definition to read as follows:
Bamboo means any tropical or semi -tropical grass classified as "running
bamboo" with rhizome (root) systems that spread underground in all directions from the
location of establishment. The term includes, but is not limited to, running bamboo and
golden bamboo. The term does not include any plant listed by the Texas Department of
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0697 CITY OF KENNEDALE, TX 2020
Agriculture pursuant to its authority in Section 71.151 of the Texas Agriculture Code, as
amended.
SECTION 2.
Article I, "In General," of Chapter 15, "Nuisances," is hereby amended by adding
Section 15-21 to read as follows:
"Sec. 15-21. — Bamboo.
(a) Planting, growing, or maintaining bamboo on property within the city is a
nuisance.
(b) It shall be unlawful for any person to plant, grow, or maintain bamboo on property
within the city.
(c) It is a defense to prosecution under this section that a person did not plant or
grow or cause bamboo to be planted or grown on his or her property and has initiated
steps for the removal of the bamboo from his or her property."
SECTION 3.
This ordinance shall be cumulative of all provisions of all ordinances and the
Kennedale City Code, as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances or City Code, in which event the
conflicting provisions of such ordinances and City Code are hereby repealed.
SECTION 4.
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
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 5.
All rights and remedies of the City are expressly saved as to any and all
violations of the provisions of the City Code amended or revised herein, or any other
ordinances affecting the matters regulated herein 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
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0697 CITY OF KENNEDALE, TX 2020
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
S ECTION 6.
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 no more than Two Thousand Dollars ($2,000.00) for violations of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate
offense.
S ECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish this
ordinance or caption to the extent required by law.
S ECTION 8.
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 THIS 12TH DAY OF MAY, 2020.
APPROVED:
MAYOR BRIAN JQHNSON
ATTEST:
t
CITY SECRETARY LESLIE . GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
CITY AJXORNEY DREW LARKIN
MAY 14, 2020
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0697 CITY OF KENNEDALE, TX 2020