2001-001-ORD AMENDING SUBSECTIONS (1) AND (2) TO SECTION 17-22 ENTITLED "OVERGROWN VEGETATION RUBBISH AND STAGNANT WATER PROHIBITED"
ORDINANCE NO. 2001-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SUBSECTIONS (1) AND (2) TO SECTION 17-
22, ENTITLED "OVERGROWN VEGETATION, RUBBISH AND
STAGNANT WATER PROHIBITED," AND SECTION 17-24, ENTITLED
"NUISANCE DECLARED," TO CHAPTER 17, ARTICLE II, OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 4, 2000, the City Council of the City of Paris adopted Ordinance No.
2000-020, which contained a new Chapter 17, Article II, Section 17-22 entitled "Overgrown
Vegetation, Rubbish and Stagnant Water Prohibited" and Section 17-24 entitled "Nuisance
Declared"; and,
WHEREAS, said Ordinance No. 2000-020 became effective on May 1, 2000; and
WHEREAS, the language of subsections (1) and (2) of Section 17-22 addressing the issue
of excessive height of grass, weeds, and brush, and the language of Section 17-24, declaring excess
weeds, grass and rubbish to be a public nuisance, needs to be clarified; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Section 17-22, subsections (1) and (2), of Chapter 17, Article II of the Code
of Ordinances of the City of Paris, Paris, Texas, be, and the same are hereby, amended by deleting
the words "on average" and revising the format of subsection (2), leaving said subsections (1) and
(2) to read as follows:
"Sec. 17-22. Overgrown vegetation, rubbish and stagnant water prohibited.
"
"(1) Uncultivated grass, weeds, or brush to grow to a greater height than twelve
(12) inches on any lot, tract, or parcel of land within the corporate limits of
the city, five (5) acres in size or less (including any right-of-way, easement,
or drainage ditch); for purposes of this provision, the City may rely upon the
acreage of any lot as shown in the official records of the appraisal district for
the county where the property is located;
"(2) On tracts of land more than five (5) acres (including any right-of-way,
easement, or drainage ditch), uncultivated grass, weeds, or brush to grow to
a greater height than twelve (12) inches within one hundred (100) feet
adjacent to or along any dedicated public street within the corporate limits of
the city, or within one hundred (100) feet on any side of the boundary line of
any lot upon which a structure that is used for a residence, business, or public
or private facility is located; for purposes of this provision, the City may rely
upon the acreage of any lot as shown in the official records of the appraisal
district for the county where the property is located."
Section 3. That Section 17-24 of Chapter 17, Article II of the Code of Ordinances of the City
of Paris, Paris, Texas, be, and the same is hereby, amended by deleting the words "on average,"
leaving said section to read as follows:
"Sec. 17-24. Nuisance declared.
"All grass, weeds, or vegetation or brush not regularly cultivated and which exceed
twelve (12) inches in height as prohibited herein, and all rubbish, and stagnant water
shall be presumed to be objectionable, unsightly, and unsanitary, and are hereby
declared a public nuisance."
Section 4. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases 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, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
Section 5. That Section 6 ofthis ordinance notwithstanding, the amendment to Sections 17-
22, subsections (1) and (2), and Section 17-24 of Chapter 17, Article II ofthe Code of Ordinances
of the City of Paris, Paris, Texas, shall not affect any pending or subsequent prosecution or other
litigation for violation of the provisions of Section 17-22, subsections (1) and (2) and Section 17-24
amended herein, when such violations occurred prior to the effective date ofthis ordinance, it being
the intention of the City Council that the aforesaid amended provisions be continued in full force and
effect to the extent necessary and as required by law, to effectuate the prosecution of all such
outstanding violations, or to effectuate the continuation of other litigation related thereto, and for
such purposes only.
Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 7. That this ordinance shall become effective on February 1, 2001.
PASSED AND ADOPTED this 8th day of January, 2001.
ATTEST:
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Mattie Cunningham, City Clerk