HomeMy Public PortalAboutOrdinance No. 0991-04 09-14-2004 • ORDINANCE N0.991-04
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING THE CITY CODE PROVISIONS RELATING TO GARAGE
SALES TO PERMIT LIMITED GARAGE SALES BY COMMERCIAL
ENTITLES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY
LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council recently amended Chapter 58 of the City Code to prohibit
businesses and commercial enterprises which regularly offer goods or services for sale to the public,
or a segment thereof, whether wholesale or retail, from conducting garage sales and similar sales;
and
WHEREAS, the City Council has, upon reconsideration, determined that limited operation of
such sales in commercial areas of the City will not unduly interfere with other nearby uses, and that
• commercial enterprises which regularly offer goods or services for sale to the public, or a segment
thereof, whether wholesale or retail, should be permitted to conduct garage sales and similar sales no
more than semi-annually;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
RESTRICTION OF GARAGE SALES BY COMMERCIAL ENTERPRISES
Section 58-92 of Article III of Chapter 58 of the Richland Hills City Code is hereby added,
and shall read as follows:
Sec. 58-92. Commercial garage sales permitted twice each year.
It shall be a violation of this Article for any business or any commercial enterprise
which regularly offers goods or services for sale to the public, or a segment thereof,
whether wholesale or retail, to conduct a garage sale, patio sale, lawn sale or similar
sale in the City, more than twice in any calendar year, except to the extent, if any,
expressly permitted otherwise by other ordinance of the City..
•
• SECTION 2.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City 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 City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
RIGHTS AND REMEDIES SAVED
• All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated herein 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, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 5.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required bylaw.
SECTION 6.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
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• SECTION 7.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more
than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required bylaw, and it is so ordained.
PASSED AND APPROVED ON THIS DAY OF ~rx.~"~ , 2004.
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TH HONORABLE I~ELDA STRODER, MAYOR
ATTEST:
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KYNI TTER, ITY SECRETARY
EFFECTIVE D TE: /
AP ROV T FOR AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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