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O703 Regulation of the planting of Bamboo within the cityORDINANCE NO. 703 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING CHAPTER 15 "NUISANCES" OF THE CODE OF ORDINANCES BY REGULATING THE PLANTING OF BAMBOO WITHIN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; P ROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; P ROVIDING 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 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 regulate the planting of bamboo within the City; 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. N OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. S ection 15-3, "Definitions," of Article I, "In General," of Chapter 15, "Nuisances," is hereby amended by adding the following definition to read as follows: Required enclosure means a pot, planter, or similar container, the entire bottom of which is placed on top of an impervious hard surface. SECTION 2. Article I, "In General," of Chapter 15, "Nuisances," is hereby amended by amending Section 15-21 to read as follows: "Sec. 15-21. — Bamboo. (a) It shall be unlawful and a nuisance for any property owner to allow bamboo to encroach or spread from their property onto any adjacent private or public property or right-of-way. PAGE 1 OF 3 0703 CITY OF KENNEDALE, TX 2020 (b) It is unlawful and a nuisance to plant, grow, or maintain bamboo on property within the city other than in a required enclosure. (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. (d) Before planting bamboo on any property within the city, a property owner must receive a permit and submit documentation with their application demonstrating that the planting of bamboo will be in compliance with this section." S ECTION 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. S ECTION 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. S ECTION 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 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. PAGE 2 OF 3 0703 CITY OF KENNEDALE, TX 2020 SECTION 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 16TH DAY OF JUNE, 2020. APPROVED: MA OR BRIAN J t► HNSON ATTEST: fierV 1-711 _-- CITY SECRETARY LESLIE E. GaLLOIJIY APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE: CIT ' TTOR► - 'REW L Jt,U'Jre ZZ 2i) rbo o ---7 0 arm 0,0 �y o fir, a� e Ora k;7 •'9000 'O ya ,V PAGE3OF3 0703 CITY OF KENNEDALE, TX 2020