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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October 3, 1983, and not included in this Code or recognized and continued in force by reference herein are hereby repealed from and after the 19th day of March, 1984, except as herein- after provided. No resolution of the City is repealed by this ordinance.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. • #So~ (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. • 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: -~S~ (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 • 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. #.5~~ (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. 5 aG (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. • (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. USCG (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- c'+~ 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. • sbG 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: / C J~ EST: APPROVED TO FORM: i/ ~~N.. c ~ ~ CITY SECRETARY CITY TORNEY ~,SOIo