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Home My Public Portal AboutOrdinance No. 1046-06 02-14-2006 ORDINANCE NO. 1046-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-202 OF CHAPTER 90 OF THE CITY CODE, THE COMPREHENSIVE ZONING ORDINANCE, TO PERMIT SEASONAL OUTDOOR SALES OF PUMPKINS; AND TO MAKE OTHER CHANGES TO THE REGULATIONS REGARDING SEASONAL SALES; 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 has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code; and WHEREAS, the City Council wishes to amend Section 90-202 of Chapter 90 of the City Code, the City's Comprehensive Zoning Ordinance, to remove references to sales of "religious" • materials, and clarify that such sales are "seasonal" sales, and to permit seasonal sales of pumpkins in the autumn in order to accommodate citizen demand for such items, as with sales of other similar seasonal items; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. DELETION OF SUBSECTION (i.)(5.) OF SECTION 90-202 Subsection (i.)(5.) of Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby deleted, and the remaining subsections, (i.)(6.) and (i.)(7.), are renumbered as subsections (i.)(5.) and (i.)(6.), respectively. SECTION 2. ADDITION OF SUBSECTION N TO SECTION 90-202 Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of a new subsection, subsection _ N_, which shall provide as follows: 1. Notwithstanding any other provision of this Section to the contrary, the • temporary sale of Christmas trees, pumpkins, other forms of decorative plant materials associated with holiday celebration, and firewood, is allowed with a permit issued by the Building Official on any commercial or industrial zoned property (i. e. • property in the C-1, C-2, I-1 or I-2 zoning districts), on a seasonal basis, and such products maybe displayed on an area up to fifty percent (50%) of the total lot area, and maybe displayed on any area of the lot, and sales of such merchandise maybe consummated outdoors. provided that all of the following conditions are met: (1) such display does not extend into any publicright-of--way, public easement, private surface easement or private driveway; (2) the operator of such display complies with all applicable health and safety laws, ordinances, and regulations; (3) the operator of such display complies with all other applicable provisions of this (chapter, and other laws, ordinances, and regulations, including the applicable Special Conditions for such use referenced in Section 90-201; (4) there is an available off-street parking area, either improved or unimproved, equal to the size of the plant material display and sales area; and (5) the location and layout of drives and parking areas, of lighting, and of temporary sales signs will not, in the determination of the Building Official, constitute a hazard to the public traveling to or upon the abutting public streets. 2. No such product may be displayed or offered for more than forty-five(45) days in any calendar year, and any permit issued to permit the sale of such items shall be for more than such aforty-five (45) day period, provided that more than one permit may be issued each year for the same property provided that completely different products are offered in each such forty-five (45) day period. 3. An administrative fee as set forth in the City Fee Schedule, set forth in Appendix A of this Code, shall be required for each such permit, and must be displayed in a visible location at all times such material is being displayed or offered for sale. An application for such a permit will be processed by same procedure as for solicitor's license. 4. Notwithstanding any provision of this Chapter to the contrary, no such sales shall be permitted from trucks, whether parked on public right-of--way or on private property. SECTION 3. 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 previsions 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. • ORDINANCE REGARDING PUMPKIN SALES Page, 2 H:\ORDINANC\ORD 1046-06 2-14-06.DOC • SECTION 4. 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 5. 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 maybe prosecuted until final disposition by the courts. SECTION 6. • 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 7. 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. SECTION 8. 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 Two Thousand Dollars and no cents ($2,000.00) for violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. • ORDINANCE REGARDING PUMPKIN SALES Page 3 H:\ORDINANC\ORD 1046-06 2-14-06.DOC • SECTION 9. 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 14~' DAY OF FEBRUARY 2006. ~~~~~ui u i u i iuiiii ~ ~ ~ ~ - TH HONORABLE NELDA STRODER, MAYOR =r i cn_ ,ems ATTEST: I SUTTER, CITY SECRETARY EFFECTIVE DATE: February 18, 2006 • APPROVED S T FORMA GALITY: TIM G. SRALLA, CITY ATTORNEY • ORDINANCE REGARDING PUMPKIN SALES page q H:AORDINANC\ORD 1046-06 2-14-06.DOC INVOICE >~a~o"'y~ Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 266350771 FORT WORTH, TX 76102 Invoice Date: 2/17/06 • (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2128/06 Bill To: PO Number: CITY OF RICHLAND HILLS Order Number: 26635077 3200 DIANA DR RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Attn Attn: ACCOUNTS .PAYABLE Publication Date: 2/17/06 Description Location Col Depth Linage MU Rate Amoiu.~t ORDINANCE NO. 1046-06 AN ORDIN I3580 1 55 55 LINE $0.53 $29.15 ORDINANCE NO. 1048-08 AN ORDI- Net Amount: NANCE OF THE CITY $29.15 HOILLS RIQTEXAS AMENDING SEC- TION 90-202 OF CHAPTER 90 OF THE CITY CODE, THE COMPREHEN- SIVE ZONING .OR- DINANCE TO PER- MIT SEASONAL OF PUMPKINSAAND TO MAKE OYHER CHANGES TO THE REGULATIONS RE- GARDING SEASON- AL SALES PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF . ALL ORDINANCES; K~.,.,w. s~ *"'e'.~'° ","'''x""'s""~ PROVIDING A SEV- ik ERABILITY CLAUSE; ~ ~ t i PROVIDING APEN- x Gitly yl Y L HCL~, ALTY FOR VIOLA- +t + ~ ,r7pi ~ f: TION` PROVIDING A i SAVIf~GS CLAUSE• ~t t a: !u1y.51,"'r!~ PROVIDING FOFI PUBLICATION AS ,t, , _a,.<~, ~^.-....n, REQUIRED BY LAW' THE STATE OF TEXAS EFFECr° EIDI DATE County of Tarrant carporationn'who vior laces, disobeys, omits, neglects or refuses to Before me, a Notary Public in and f comply witn or wno -ate, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator resists the enforce- forthe Star-Telegram, published by ment of an~ of the at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did provisions o this, Or- depose and say that the attached dinance shall be fined isement w s published in the above named paper on the listed dates; BIDS & no more than Two LEGAL DEPT. STAR TLEGRAM Thousand Dollars and + I no cents ($2,000.00) ~ (817) 390-7320 for violation of this ~ Ordinance., Each day l J`iL- p~irmtetaed toe tip shall conatkute a separate offense. passed and 14p 2008. on february SUBSCRIBED AND SWORN TO BEFORE ~ ~ iwy, . ebru Obi / ~l~~e!~L C r r.~-~. Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 266350771 Invoice Amount: $29.15 PO Number: Amount Enclosed: