HomeMy Public PortalAboutOrdinance No. 919-01 12-11-2001 • ORDINANCE NO. 919-01
AN ORDINANCE EXPANDING THE JURISDICTION OF THE
MUNICIPAL COURT OVER HEALTH AND SAFETY AND NUISANCE
ABATEMENT ORDINANCES, INCLUDING THE ISSUANCE OF
SEARCH AND SEIZURE WARRANTS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas is a Home Rule Municipality located in
Tarrant County, created and acting under its charter adopted by the electorate pursuant to and in
accordu.~c,e ~S~.h A.r:i~le XI, Section y tae T:.;.as t:':;.lsti.ution, Chapter oi'the Local
Government Code and prior statutes, and other enabling legislation of the State of Texas; and
WHEREAS, the Charter of the City of Richland Hills creates a Municipal Court of
Record and provides that the Municipal Court of Record shall have the jurisdiction specified
under state law; and
WHEREAS, 2001 Texas Legislature recently amended Section 30.00005 of the Texas
Government Code relating to the jurisdiction and authority of municipal courts of record,
authorizing and allowing the City Council to provide the Municipal Court with jurisdiction to
• enforce health and safety and nuisance abatement ordinances; and
WHEREAS, the City Council of the City of Richland Hills deems it appropriate to adopt
this ordinance regarding jurisdiction of municipal courts of record over health and safety and
nuisance abatement ordinances, including providing that the Municipal Court has jurisdiction to
issue search and seizure warrants to aid in enforcement of said ordinances, all as permitted by
Section 30.00005 of the Texas Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
The municipal court, being a court of record, is hereby given all civil jurisdiction and
authority that may be granted pursuant to Section 30.OOOOS cif the Texas Government Code.
This grant of jurisdiction includes but is not limited to: (1) jurisdiction to enforce all
ordinances enacted under either Subchapter A, Chapter 214, Local Government Code, or
Subchapter F., Chapter 683, Transportation Code, specifically including but not limited to
Chapter 14 and Articles III and VI of Chapter 34 of the City Code of the City of Richland Hills;
(2) concurrent jurisdiction with a district court or a county court at law under Subchapter B,
Chapter 54, Local Government Code, within the City's ten-itorial limits and over property owned
by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of
enforcing health and safety and nuisance abatement ordinances; and (3) authority to issue: (A)
search warrants for the purpose of investigating a health and safety or nuisance abatement
• ordinance violation; and (B) seizure warrants for the purpose of securing, removing, or
demolishing the offending property and removing the debris from the premises.
SECTION 2.
CUMULATIVE CLAUSE
This ordinance shall not be construed to limit or reduce the jurisdiction of the municipal
court in any way, and shall be cumulative of all provisions of all laws and all ordinances of the
City of Richland Hills, Texas extending jurisdiction to the Municipal Court, unless the
provisions of this ordinance are in direct conflict with the provisions of such laws or ordinances,
in which event the conflicting provisions of such ordinances and such ordinances are hereby
repealed.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the Council that the phrases, clauses, sentences,
paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence
paragraph or section of this ordinance 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 sections of this ordinance, since the same
• would have been enacted by the Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the City of Richland Hills are expressly saved as to any and all
matters arising under any other ordinance or code provision which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, same shall not be affected by this ordinance but maybe prosecuted until
f;`.?al. dlCp~$iit~ii Ly is..e L:~ E:rta.
SECTION 5.
EFFECTIVE DATE
This ordinance shall be in full force and effect after its passage and publication as
required by law, and it is so ordained.
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. PASSED AND APPROVED ON THIS lltl: DAY OF December , 2001.
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`\~,.~~~Cr C. F. KEIJLEY, MAYOR
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TE WILLIS, CITY SECRETARY
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EFFECTIVE: ~ ~
APPROVED TO FORM AND LEGALITY:
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TIM G. SRALLA, CITY ATTO Y
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