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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 G:\Docs\R\RHills\Ordinances\construction hours.wpd ORDINANCE NO. 868-99 PAGE 2