HomeMy Public PortalAboutOrdinance No. 506-84 03-19-1984 CITY OF RICHLAND HILLS
• ORDINANCE N0. 506
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS,
ADOPTING AND ENACTING A NEW CODE OF ORDINANCES;
ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED; PROVIDING EXCEP-
TIONS; PROVIDING FOR THE EFFECTIVE DATE OF SUCH
CODE; PROVIDING FOR CODE DESIGNATION, CATCHLINES,
DEFINITIONS AND RULES OF CONSTRUCITON, AMENDMENTS,
SUPPLEMENTATION, AND SEVERABILITY; ESTABLISHING
THE OFFICE OF TAX ASSESSOR-COLLECTOR; PROVIDING
FOR THE PARTICIPATION IN COUNTY APPRAISAL DISTRICT;
ESTABLISHING DUE DATE FOR PROPERTY TAXES; PROVIDING
FOR THE AMENDMENT OF CERTAIN ORDINANCES; AND PRO-
VIDING FOR A GENERAL PENALTY FOR VIOLATIONS OF THE
CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF RICHLAND HILLS,~TEXAS:
SECTION 1:
That the Code of Ordinances, consisting of Chapter 1 through
12, each inclusive, is hereby adopted and enacted as the Code
of Ordinances, City of Richland Hills, Texas, and shall be
treated and considered as a new and original comprehensive
ordinance, which shall supersede all other general and per-
manent ordinances passed by the City Council on or before
October. 3, 1983, to the extent provided herein.
SECTION 2:
That all provisions of such Code shall be in full force and
effect from and after the 19th day of March, 1984, and all
ordinances of a general and permanent nature of the City of
Richland Hills, Texas, enacted on final passage on or before
October 3, 1983, and not included in this Code or recognized
and continued in force by reference herein are hereby repealed
from and after the 19th day of March, 1984, except as herein-
after provided. No resolution of the City is repealed by this
ordinance.
SECTION 3:
That the repeal provided for in Section 2 above shall not
affect any of the following:
(a) Any events or act committed or done, or any penalty or
forfeiture incurred, or any contract or right
established or occurring before the effective date of
this Code.
(b) Any Ordinance promising or guaranteeing the payment of
money for the City, or authorizing the issuance of any
bonds of the City or any evidence of the City's indebted-
ness.
(cl Any contract or obligation assumed by the City.
(d) Any right or franchise granted by the City.
(e) Any Ordinance dedicating, naming, establishing, locating,
relocating, opening, paving, widening, vacating, or
affecting the right-of-way of any street or public way in
the City.
(f) Any Ordinance relating to municipal street maintenance
agreements with the State of Texas.
. (g) Any Ordinances establishing or prescribing grades for
streets in the City;
(h) Any appropriation Ordinance or Ordinance providing for the
levy of taxes or for adoption of an annual budget.
(i) Any Ordinance relating to local improvements and
assessments therefor.
(j) Any Ordinance annexing territory to the-City or discon
tinuing territory as a part of the City.
(k) Any Ordinance dedicating or accepting any plat or sub-
division in the City.
(1) Reserved.
(m) Any Ordinance pertaining to the holding of municipal elec-
tions or municipal court fine schedules.
(n) Any Ordinance authorizing the installation of traffic
control devices or designating speed limits within the
City.
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(o) Any Ordinance establishing rates to be charged by priva-
tely owned utility companies.
• (p) City of Richland Hills Ordinance No. 313 adopted July
24, 1970, removing the maximum earnings clause of
employee deposits under the Texas Municipal Retirement
System.
(q) City of Richland Hills Zoning Ordinance No. 16 adopted
March 21, 1952, and any amendments thereto.
(r) Any Ordinance enacted after October 3, 1983.
The repeal provided for in Section 2 shall not be construed
to revive any Ordinance or part thereof that has been
repealed by a subsequent Ordinance which is repealed by this
Ordinance.
SECTION 4:
That wherever in such Code of Ordinances an act is prohibited
or is made or declared to be unlawful or an offense, or a mis-
demeanor, or whenever in such code the doing of an act is
required or the failure to do any act is declared to be
unlawful and no specific penalty is provided, the violation of
any such provision of such Code shall be punished by a fine
not exceeding two hundred dollars t$200.00), except for
violations of municipal ordinances that govern fire safety,
zoning, and public health and sanitation (not including
vegetation and litter violations), the maximum permissible
fine shall be one thousand dollars ($1,000.00) for each
offense. Provided, however, that no penalty shall be
greater or less than the penalty provided for the same or
similar offense under the laws of the State of Texas. Each
day any violation of such Code of Ordinances shall consti-
tute a separate offense unless otherwise designated.
SECTION 5:
That any and all amendments and additions to such Code of
Ordinances, when passed in such form as to indicate the
intention of the City Council to make the same a part of the
Code of Ordinances, shall be deemed to be incorporated in
such Code of Ordinances so that reference to the "Code of
Ordinances, City of Richland Hills, Texas", shall be
understood and intended to include such additions and amend-
ments.
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SECTION 6:
• That in case of the amendment of any section of such Code
for which penalty is not provided, the general penalty as
provided in section 4 of this Ordinance shall apply to the
section as amended, or, in case such amendment contains pro-
visions for which a penalty, other than the aforementioned
general penalty is provided in another section of the same
Chapter, the penalty so provided in such other section shall
be held to relate to the Section so amended, unless the
penalty is specifically repealed therein.
SECTION 7:
That a copy of the Code of Ordinances shall be kept on file
in the office of the City Secretary in looseleaf form. It
shall be the express duty of the City Secretary or someone
authorized by the City Secretary, to insert in the
designated places, all amendments or ordinances which indi-
cate the intention of the City Council to make the same a
part of such Code of Ordinances when, the same has been
printed or reprinted in page form, and to extract from such
code all provisions which may be from time to time repealed
by the City Council. Such copy of such Code shall be
available for all persons desiring to examine the same at
any time during regular business hours.
SECTION 8:
That it shall be an offense for any person to change or
amend, by additions or deletions, any part or portion of
this Code of Ordinances, or to insert or delete pages or
portions thereof, or to alter or tamper with such Code in
any manner whatsoever which will cause a law of the City of
Richland Hills to be misrepresented thereby. Any person
violating this Section shall be punished as provided in
section 4 of this Ordinance.
SECTION 9:
That the following provisions shall be included in the Code
of Ordinances which this Ordinance adopts and the same are
hereby adopted for inclusion therein:
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(1) Section 1 of Chapter 1, pertaining to Code designation,
catchlines, definitions and rules of construction,
amendments or additions, supplementation, general
penalty, and severability of parts, as printed and
included in this Code of Ordinances, are hereby adopted.
(2) Section 2.A-C of Chapter 1, pertaining to the establish-
ment of the Office of Tax Assessor-Collector, par-
ticipation in Tarrant County Appraisal District, and
establishing a due date for property taxes, as printed
and included in this Code of Ordinances, is hereby.
adopted.
(3) Section 4.A of Chapter 1, deleting Tuesdays as the day
of elections in order to reflect state law, is hereby
amended and adopted as printed in this Code of
Ordinances.
(4) Section 4.B of Chapter 1, removing the filing for any
other city office other than mayor or councilmember, is
hereby amended and adopted as printed in this Code of
Ordinances.
(5) Section 4.D of Chapter 1, pertaining to the requirements
of voting absentee to reflect state law, is hereby
amended and adopted as printed in this Code of
Ordinances.
(6) Section 4.E of Chapter 1, increasing the compensation of
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election judges from $4.00 to $5.00 per hour and pro-
viding compensation for the election judge who delivers
the election returns, is hereby amended and adopted as
printed in this Code of Ordinances.
(7) Section 4.F of Chapter 1, providing that the city secre-
tary post the election proclamation not the city
marshal, is hereby amended and adopted. as printed in
this Code of Ordinances.
(8) Section 12.F(1)(c) of Chapter 1, providing that the city
secretary receive ambulance payments and not the direc-
tor of finance, is hereby amended and adopted as printed
in this Code of Ordinances.
(9) Section 12.F(2) of Chapter 1, providing that ambulance
fees and charges be made payable to the city and not the
Richland Hills Fire Department, is hereby amended and
adopted as printed in this Code of Ordinances.
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(10) Section 13.A(2) of Chapter 1, providing that the mayor,
not the city manager, be the Director of the Office of
Civil Defense, is hereby amended and adopted as printed
in this Code of Ordinances.
(11) Section 13.E of Chapter 1, providing that the city
administrator serve as the Coordinator of the Office of
Civil Defense at the mayor's discretion, is hereby
amended and adopted as printed in this Code of
Ordinances.
(12) Section 16.B of Chapter 1, providing that the city
council assign any unclaimed property to departments
for city use rather than the mayor, is hereby amended
and adopted as printed in this Code of Ordinances.
(13) Section 4.D of Chapter 2, providing that the city admi-
nistrator rather than the mayor serve on the appeals
committee when grievances are f filed because of refusal
to register an animal or revoke an animal permit
issued, is hereby amended and adopted as printed in
this Code of Ordinances.
(14) Section 6.C of Chapter 2, providing that the city in
general establish the animal pound rather than the
mayor, is hereby amended and adopted as printed in this
Code of Ordinances.
(15) Section 6.G of Chapter 2, providing that the impound-
ment period of animals for animals wearing a current
registration and/or vaccination tag be six (6) days
rather than fourteen (14) days, is hereby amended and
adopted as printed in this Code of Ordinances.
(16) Section 6.H of Chapter 2, providing that the date of
adoption of impounded stray dogs and cats be changed
from the f fifteenth (15th ) day of confinement to the
seventh (7th) day, is hereby amended and adopted as
printed in this Code of Ordinances.
(17) Section 7.B of Chapter 2, deleting the ten-day obser-
vation period for rabid animals or animals suspected of
having rabies or any zoonotic disease, is hereby
amended and adopted as printed in this Code of
Ordinances.
(18) Section 7.F of Chapter 2, providing for the disposition
of animals which have been bitten by other animals and
who are suspected to be exposed to rabies and providing
that no wild animals be placed in quarantine but ratherbe
humanely destroyed, is hereby amended and adopted as
printed in this Code of Ordinances.
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(19) Section 11.B of Chapter 2, providing that the city
administrator serve on the appeals committee instead of
the mayor when grievances are filed for the expulsion
of vicious animals from the city, is hereby amended and
adopted as printed in this Code of Ordinances.
(20) Section 12.H of Chapter 2, providing that the city
administrator serve on the administrative appeals board
instead of the mayor for appeals filed for the revoca-
tion of permits allowing certain business associated
with animals to operate within the city, is hereby
amended and adopted as printed in this Code of
Ordinances.
(21) Section 4.C(2) of Chapter 3, deleting that the chief
electrical inspector be recommended by the electrical
board and approved by the city council, is hereby
amended and adopted as printed in this Code of
Ordinances.
(22) Section 4.L(1) of Chapter 3, deleting the term of the
electrical board members which was concurrent with the
mayor's term, is hereby amended and adopted as printed
in this Code of Ordinances.
(23) Section 5.A of Chapter 3, providing that the Uniform
Plumbing Code be updated to the 1982 Edition, is hereby
amended and adopted as printed in this Code of
Ordinances.
(24) Section 6.B of Chapter 3, providing that the building
official, not the chief of police, to notify property
owners who have swimming pools on their property that
fences are required, is hereby amended an adopted as
printed in this Code of Ordinances.
(25) Section 7-Article I of Chapter 3, providing that the
city administrator be responsible for administering the
flood damage prevention regulations rather than the city
secretary, is hereby amended and adopted as printed in
this Code of Ordinances.
(26) Section 3 of Chapter 4, providing that the city admi-
nistrator, not the chief of police, license pool halls,
is hereby amended and adopted as printed in this Code
of Ordinances.
(27) Section 1.C of Chapter 5, deleting the direct authority
of city council to employ firemen and providing that
the city council approve their salaries, not set them,
is hereby amended and adopted as printed in this Code
of Ordinances.
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(28) Section 2.F of Chapter 5, providing that appeals of
persons aggrieved by preventative inspections by the
fire marshal be heard by the city administrator rather
than the mayor, is hereby amended and adopted as
printed in this Code of Ordinances.
(29) Section 5.C of Chapter 5, providing that the city admi-
nistrator issue permits for fireworks displays and that
the fire marshal make an inspecton and judgment of the
safety of such display prior to issuance of the permit
rather than the mayor, is hereby amended and adopted as
printed in this Code of Ordinances.
(30) Section 2.D of Chapter 6, providing the city admi-
nistrator, not the mayor, file statement of expenses
for the abatement of tall weeds and grass, is hereby
amended and adopted as printed in this Code of
Ordinances.
(31) Section 3.B of Chapter 6, providing that the city admi-
nistrator, not the chief of police, enforce the provi-
sions that prohibit dangerous oil and gas wells or
escaping poisonous gases, is hereby amended and adopted
as printed in this Code of Ordinances.
(32) Section 10.B of Chapter 7, providing that the director
of public health, not the city council, order the aba-
tement of all miscellaneous nuisances as enumerated in
Section 10.A of Chapter 7, is hereby amended and
adopted as printed in this Code of Ordinances.
(33) Section 6 of Chapter 8, deleting the words sergeant and
warrant officer, providing the city administrator,
rather than the city council, to direct the police
department, and providing that only the chief of police
be appointed by the city council while deleting that
all other police officers are appointed by the mayor
with the advise and consent of the city council, is
hereby amended and adopted as printed in this Code of
Ordinances.
(34) Section 2.E of Chapter 10, providing that traffic acci-
dent reports are for use by the police department only,
is hereby amended and adopted as printed in this Code
of Ordinances.
(35) Section 31.B(1) of Chapter 10, establishing a fee for
the installation of signs and curb markings and-their
maintenance for curb loading zones in the amount of
$1.00 per month per linear foot, is hereby amended and
adopted as printed in this Code of Ordinances.
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(36) Section 32.H of Chapter 10, deleting the requirement
that any person convicted of more than three (3) traf-
fic violations within the preceding twelve (12) months
make statutory bail for appearance in court rather than
being permitted just to pay the fine, is hereby amended
and adopted as printed in this Code of Ordinances.
(37) Section 5 of Chapter 11, providing that customers pay
$10.00 instead of $2.00 for the testing of water meters
if such testing proves that the meter is registering
correctly, is hereby amended and adopted as printed in
this Code of Ordinances.
SECTION 10:
That wherever in such Code provisions adopted in section 10
of this Ordinance , the doing of an act is required or the
failure to do any act is declared to be unlawful, and no
specific penalty is provided therefor, the violation of any
such provision of such Code shall be punished by a fine not
exceeding two hundred dollars ($200.00), except for viola-
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tions of municipal ordinances that govern fire safety,
zoning, and public- health- and sanitation (not including
vegetation and litter violations), the maximum permissible
fine shall be one thousand dollars ($1,000.00) for each
offense. Provided, however, that no penalty shall be
greater or less than the penalty provided for the same or
similar offense under the laws of the State of Texas. Each
day any violation of such Code of Ordinances shall consti-
tute a separate offense unless otherwise designated.
SECTION 11:
That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses
and phrases of the Code of Ordinances hereby adopted are
severable and, if any phrase, clause, sentence, paragraph,
or section 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 and sec-
tions, since the same would have been enacted by the City
Council without the incorporation of any unconstitutional
phrase, clause, sentence, paragraph, or section.
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SECTION 12:
t That said Code of Ordinances shall be admitted in evidence
without further proof and the City Secretary shall record
said Code as adopted in the ordinance records of the City,
and thereafter such record shall serve as a record of the
ordinances so codified and it shall not be necessary in
establishing the content of any particular ordinance so
codified to go beyond said record.
SECTION 13:
That all Ordinances or parts of Ordinances in conflict
herewith are, to the extent of such conflict, hereby
repealed.
SECTION 14:
That this Ordinance shall take effect immediately from and
after its passage and publication, as the law in such cases
provides.
DULY ADOPTED by the City Council of the City of Richland Hills,
• Texas, on the 19th day of March, 1984.
APPROVED: /
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EST: APPROVED TO FORM:
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CITY SECRETARY CITY TORNEY
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