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HomeMy WebLinkAboutPO 6558: AMENDING CHAPTER 97 STORMWATER DRAINAGE SYSTEM P.O. No. 6558 06/09/16 gt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 94 "STORMWATER DRAINAGE SYSTEM", SECTION 94-483 "UNLAWFUL DEPOSITS" OF THE CODE OF ORDINANCES: PROVIDING FOR A FINE, SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE (REQUESTED BY COUNCILMEMBER LEWIS) WHEREAS, the City Council finds that it has a compelling interest in protecting the quality of water in the City's drainage ways and subsequent receiving waters in accordance with federal, state and local regulations; and, WHEREAS, the City Council deems it in the best interest of the citizens of Port Arthur to amend the storm water drainage system for unlawful deposits and provisions related thereto, as delineated in Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Chapter 94, Section 483 of the City of Port Arthur's Code of Ordinances is amended as delineated in Exhibit "A". Section 3. That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 4. That, this being an Ordinance which imposes a penalty, fine, or forfeiture, its caption and penalty shall be published one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. Section 5. That, a violation of this Ordinance shall be a fine not exceeding $2,000 per violation, per day and per incident. Section 6. That, this Ordinance shall become effective immediately after the date of publication. Section 7. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: „if, Valecia R. T zene ity Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager EXHIBIT "A" Sec. 94-483. - Unlawful deposits generally. It shall be unlawful for any person to place, throw or deposit, or cause to be placed, thrown or deposited into, or along the margin of, any canal, storm sewer, drain or ditch of any kind, within the limits of this city in such a way as to be carried into the same by rains, floods or otherwise, any garbage, vegetable, animal or mineral matter or substance, dung, carrion, dead animals, offal, or nauseous liquid, any trash, shavings or chips, either of wood or metal, or any substance or material of any character calculated to narrow or fill up any such canal, storm sewer, drain or ditch, or to cause any nuisance or sickness within the city. A person who violates this section may be issued a citation and can be fined up to $2,000 per incident, due to the danger that said actions pose to the health and safety of our citizens.