HomeMy WebLinkAboutOrd 139 - obstruction over public property
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ORDINANCE NO.~
AN ORDINMJCE PROHIBITING THE ERECTION, CONSTRUCTION, RE-
CONSTRUCTION, ALTERATION, REPAIR, OR MAINTENANCE OF ANY
FENCE, 'WALL, HEDGE, STRUCTURE, OR ANY CB..ARACTER OF OB-
STRUCTION OVER~ ON OR ACROSS ANY PUBLIC PROPERTY, PUBLIC
WAY, PUBLIC STREET, PUBLIC ALLEY, PUBLIC FARK, OR BE-
TliVEEN THE PROPERTY LINE OF ANY'LOT AND THE PUBLIC STREET
OR ALLEY LINE, OR OVER, ON, OR ACROSS ANY SIDEWALK WIlli-
IN THE CORPORATE LIMITS OF THE CITY OF WEST Ul'HVERSITY
PLACE, TEXAS; PROVIDING FOR THE RE:t:IOVAL AND ABATEMENT
OF ANY SUCH OBSTRUCTION; FOR 'EriE METHOD OF PROCEEDURE;
PROVIDING THAT IF ANY PART OF THIS ORDINANCE .IS DE-
CLARED INVALID OR VOID IT SHALL NOT AFFECT OTHER PARTS
THEREOF; PROVIDING THAT ALL ORDINANCES, AND PARTS
rHEREO~, IN CONFLICT WITH THIS ORDINANCE ARE REPEALED
IN SO FAR AS CONCERN SUCH CONFLICT; PROVIDING A PENALTY;
AND, DECLARING AN .l:!J\;lERGENCY:
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CI TY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1.
It shall be unlawful for any person, partnership, firm,
copporation or association of' any kind or character to erect,
construct, reconstruct, alter or repair, or permit the Erection,
construction, reconstruction, alteration or repair, of any fence,
wall, hedge, structu~e, or any other character of obstruction
over, on or across any pubaic property, public way, public
alley, public street_or public park, within the corporate limits
of the City of West University Place, Texas.
Section 2.
It shall likewise be unlawful for any person, partner~
ship, firrn," corporation or association of any kind or charac-
ter to erect, construct, reconstruct, alter or repair, or per-
mitthe Erection, construction, alteration or repair of any
fence, wall, hedge, structure, or any other character of ob-
struction between the p:eDperty line of sny lot located wi thin
the corporate limits of the City of West University Place,
Texas~ and a public street or alley line thereof.
Section 3.
It shall be likewise unlawful for any person, partner-
ship, firm, corporation or association of any kind or charac-
ter to erect, construct, reconstruct, alter or repair, or per-
mit the erection, construction, reconstruction, alteration or
repair, of any fence, wall, hedge, structure or any other
character of obstruction over, on or across any sidewalk lo-
cated within the corporate limits of the City of' West University
.l:'lace, Texas.
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Section 4.
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It shall likewise be unlawful for any person, par~-
nership, firm, corporation or association of any kind or
character to maintain or permit the maintenance of any fence,
wall, hedge, structure or any other character of obstruction
over, on or acros s any public property, public way, public
alley, public street, public park, or between the property
line and public street or alley line or any lot, or over, on
or across any sidewalk, within the corporate limits of the
City of West University Place, Texas.
Section 5.
Any person or corporation who shall violate any of
the provisions of this ordinance or fail to cpmply therewith
or with any of the requirements thereof shall be guilty of a
miademeanor and shall be liable to a fine of not more than
$100.00, and each day such violation shall be permitted to
exist shall constitute a separate offense. The owner or own-
ers of any building or prffilises or part thereof, where any-
thing in violation of this ordinance shall be place, or shall
exist, and any architect, builder, contractor, agent, person
or corporation assisting in the con~ission of any such vio-
lation shall be guilty of a separate offense and upon convic-
tion thereo.f shall be fined as herein provided; that is, not
more than ~100~00 and each day such violation shall be per-
mitted to exist shall constitute a separate offense.
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Section 6.
If any section, paragraph, subdivision, clause,
phrase, or provision of this ordinance shall be adjudged in-
valid or held unconstitutional, the same shall not affect
the validity of this ordinance as a whole or any part or pro-
visions thereof other than the part so decided to be invalid
or unconstitutional~
~ent:i on ? ~
Any and all ordinances, or p~rts thereof, in conflict
with this ordinance are repealed, in so far as concerns such
e-onflict.
Sec tion 8.
The fact that many residences and buildings are being
constructed within the City of West University Place, Texas;
that obstructions are being erected, constructed and placed
over, on or across public property, sidewalks and the space
between the lot lines and the public street or alley lines
within the city; that same impedes traffic and 'constitutes
a traffic hazzard and dangerous condition within such City;
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and, that there is 'at present no ordinance with reference
thereto, constitutes an emergency and an imperative public
necessity, so that this ordinance shall take effect and be in
force immediately from. and after its passage, approval and
publication as required by law.
PASSED M~D APPROVED this
1938.
day 0 f May, A.D~
ATTEST:
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