HomeMy Public PortalAboutOrdinance No. 849-98 11-10-1998 • ORDINANCE NO. 849-98
AN ORDINANCE AMENDING ORDINANCE NO. 832-98,
TOGETHER WITH SECTION 3 "HEALTH AND SANITATION"
AND SECTION 5 "PARKING ON UNAPPROVED SURFACES"
OF CHAPTER 6 "NUISANCES" OF THE CODE OF
ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS;
PROVIDING A LIlVIITATION ON THE NUMBER OF VEHICLES
WHICH MAY BE PARKED IN A RESIDENTIAL REAR YARD;
DECLARING ACCUMULATIONS OF TRASH AND DEBRIS TO
BE A PUBLIC NUISANCE; PROVIDING A SEVERABILTTY
CLAUSE; PROVIDING A SAVING CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Richland Hills, Texas, after study
and recommendation by the Richland Hills Code Review Committee, heretofore
adopted a new Chapter 6 "NUISANCES" to the Richland Hills Code of Ordinances; and
WHEREAS, the City Council did thereafter adopt a new Section 5 "PARKING
ON UNAPPROVED SURFACES", to be inserted in said new Chapter 6 "NUISANCES";
and
WHEREAS, the Richland Hills Code Review Committee has investigated and
made recommendations to the City Council for additional provisions to be included in
said new Section 5, regulating and limiting the number of vehicles which may be
parked in a residential rear yard; and
• WHEREAS, after additional study by the Code Review Committee and the City
Council, the City Council finds that vehicles parked in an enclosed garage or carport
should be excluded from the limitations on vehicles which may be parked in
residential rear yards; and
WHEREAS, the new nuisance chapter recommended by the Richland Hills Code
Review Committee, and passed by the City Council, contained a definition for "trash
and debris", which also included "dirt piles" within its provisions, but did not declare
accumulations of trash and debris to be a public nuisance; and
WHEREAS, the City Council of the City of Richland Hills finds and determines
that accumulations of trash and debris on public or private property constitute a
public nuisance; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds and
determines that the regulations hereby adopted will promote the health, safety,
morals and general welfare of the citizens of the City of Richland Hills, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That item (e) of paragraph (1) of Subsection A "PARKING ON UNAPPROVED
SURFACES PROHIBITED" of Section 5 "PARKING ON UNAPPROVED SURFACES"
of Chapter 6 "NUISANCES" of the Code of Ordinances of the City of Richland Hills,
Texas, as adopted by Ordinance No. 832-98, and as amended, be hereby amended to
hereafter be and read as follows:
ORDINANCE NO. PAGE 1
• (e) No more than two (2) vehicles shall at any one time be parked in the rear
yard of a residential lot of less than one-half (1/2) acre, and no more than
three (3) vehicles shall be parked in the rear yard of a residential lot of
one-half (1/2) acre or more in size. On residential lots greater than one
(1) acre in size, farm implements shall be exempted from the requirements
of this sub-paragraph and shall not count as "vehicles" in calculating the
maximum number allowed. Notwithstanding the foregoing, vehicles which
are parked in an enclosed garage or carport shall not count as "vehicles" in
calculating the maximum number allowed, and shall be permitted in
unlimited numbers.
II.
That the title of Subsection A "Accumulation of Garbage. Refuse and Rubbish",
and paragraph 1 thereunder, of Section 3 "HEALTH AND SANITATION" of said
Chapter 6 "NUISANCES" of the Code of Ordinances of the City of Richland Hills,
Texas, as amended, be hereby amended to hereafter be and read as follows:
A. Accumulation of Garbage, Refuse, Rubbish, Trash and Debris.
1. The accumulation of garbage, refuse, rubbish, trash and debris within
the City is a fire and health hazard and, as such, is hereby declared
to be a nuisance.
III.
• Severability Clause. That it is hereby declared to be the intention of the City
Council 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
IV.
Saving Clause. That paragraph 2 of Subsection A of Section 3 of Chapter 6
"NUISANCES" and the remainder of said Chapter 6 of the Code of Ordinances, City
of Richland Hills, Texas, as amended, shall remain in full force and effect, save and
except as amended by this ordinance.
V.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
•
ORDINANCE NO. 849_98 PAGE 2
• PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the day of November 1998, by a vote
of ayes, ~ " -nays, and abstentions.
` CY?1.AM~t APPROVED:
~ ,
.
` C. F. Kelley, Mayor
o c.~
ATTEST: • •
. .
F q t`
R ~
illis City Secretary
AP ED AS TO AND LEGALITY:
am A. Cribbs, City Attorney
• rhlib481/110998
•
ORDINANCE NO. X49_98 PAGE 3