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.
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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.
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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:
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CITY SECRETARY LESLIE E. GaLLOIJIY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
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0703 CITY OF KENNEDALE, TX 2020