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Frisco City Zoning Code

SECTION 8

ADMINISTRATIVE CLAUSES

§ 8.01.01 Savings/Repealing.

(A) 
Illegal uses.
By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use.
(1) 
Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
(B) 
Repealing.
All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)

§ 8.01.02 Penalty for Violations.

(A) 
Violation.
A person who knowingly violates any provision of this chapter is guilty of a separate offense for each day during which the violation is continued.
(B) 
Fine.
Each offense is punishable by a fine of not more than $2,000 nor less than $200, imprisonment, or both. The minimum fine established in this subsection shall be doubled for the second conviction of the same offense within any 24-month period and tripled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in this subsection.
(C) 
Legal rights.
The penal provision imposed under this Ordinance shall not preclude the City of Frisco from filing suit to enjoin the violation. The City of Frisco retains all legal rights and remedies available to it pursuant to local, state, and federal law.
(Ordinance 2021-07-47 adopted 7/6/21)

§ 8.01.03 Severability

(A) 
Unconstitutional or invalid section.
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
(B) 
Independent sections.
The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid.
(Ordinance 2021-07-47 adopted 7/6/21)

§ 8.01.04 Estoppel/Waiver.

The failure of the City to enforce any term or condition of this Ordinance shall not constitute a waiver or estoppel or any subsequent violation of this Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)

§ 8.01.05 Publication.

This Ordinance shall become effective after its passage and publication as required by law and the City Charter of the City of Frisco, Texas.
Approved as to Form:
Passed and Enrolled
_____Day of, _____, 20 _____
City Attorney (Signature in above box)
Adoption Date
 
Mayor, City of Frisco, Texas (Signature in above box)
Attest:
City Secretary, City of Frisco, Texas (Signature in above box)
(Ordinance 2021-07-47 adopted 7/6/21)