HomeMy Public PortalAboutOrdinance No. 868-99 09-14-1999 ORDINANCE NO. 868-99
• AN ORDINANCE AMENDING SUBSECTION C "LOUD
NOISES ENUMERATED" OF SECTION 2 "NOISE" OF
CHAPTER 7 "OFFENSES AND NUISANCES" OF THE CODE
OF ORDINANCES OF THE CITY OF RICHLAND HILLS,
TEXAS, AS AMENDED; REVISING PARAGRAPH (9) OF
SAID SUBSECTION TO REVISE PERMITTED
CONSTRUCTION HOURS WITHIN THE CITY; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVING
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the provisions of the Richland Hills Code of Ordinances currently prohibit
construction activity between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, and on weekends
entirely; and
WHEREAS, such limitations unduly restrict economic development activity within the City;
and
WHEREAS, the City Council of the City of Richland Hills, Texas, after study, has
determined that revised hours during which construction work is permitted in the City, allowing such
construction between the hours of 8:00 a.m. and 6:00 p.m. on weekends, will promote economic
development activity within the City, to the benefit of all citizens of Richland Hills; and
• WHEREAS, the City Council, after study, has further determined that the shorter work hours
permitted for weekend work will adequately protect the peace and quiet of the residents of Richland
Hills surrounding such construction activity; and
WHEREAS, it is hereby determined that the health, safety and general welfare of the
citizens of Richland Hills would be promoted by the ordinance revision hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
I.
That paragraph (9) of Subsection C "LOUD NOISES ENUMERATED" of Section 2
"NOISE" of Chapter 7 "OFFENSES AND 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:
(9) The construction, including excavation, demolition, erection, alteration, repair,
paving, cement or concrete pouring or related work, of any building or structure in
residential ornon-residential districts, excluding any inside work done in an enclosed
building or structure, and the operation of equipment, trucks or machinery which
emit noise of such intensity or loudness to annoy or disturb persons of ordinary
sensibilities within the hereinafter specified distance, are prohibited within 300 linear
• feet of any occupied residential dwelling other than between the hours of 7:00 a.m.
and 8:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays. Work being
performed upon a residence by the resident may also be performed between 9:00 a.m.
ORDINANCE NO. PAGE 1
and 8:00 p.m. on Sundays. Before any of the above-described activities may be
• conducted within 50 linear feet of an occupied residential dwelling, a solid screening
fence at least six (6) feet in height must be in place between such activity and the
occupied dwelling.
II.
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.
III.
Saving Clause. That Chapter 7 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.
IV.
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.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 14thday of Septemb~~3999, by a vote of 5 ayes, U nays,
and U abstentions.
J' APPROVED:
' ~
.
.
_ C -
• •a-
~4 ~ y=
' C. F. Kelley, Mayor
`
' s, City S$cretary
APPROVED AS TO FORM AND LEGALITY:
James A. Cribbs, City Attorney
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