Loading...
HomeMy Public PortalAboutOrdinance No. 1143-09 04-28-2009 ORDINANCE NO. 1143-09 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 62 OF THE CITY CODE TO PERMIT THE EXPANDED USE OF TEMPORARY PORTABLE SIGNS BY THE CITY TO INFORM THE PUBLIC REGARDING CURRENT GOVERNMENTAL ISSUES AND UPCOMING MUNICIPAL AND CIVIC EVENTS; 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 has determined that amending the sign regulations contained in Chapter 62 of the City Code to permit the expanded use of temporary portable signs by the City to inform the public regarding current governmental issues and upcoming municipal and civic events, subject to certain restrictions and regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. USE OF TEMPORARY PORTABLE SIGNS BY THE CITY Section 62-172 of Division 2 of Article III of Chapter 62 of the Richland Hills City Code is hereby amended by the addition of subsection (e), such new subsection to provide as follows: Sec. 62-172. Temporary portable signs. (e) Use of temporary portable signs for City purposes. The city may erect or display one temporary portable sign at any time and for such time to inform the public regarding current governmental issues and upcoming municipal and civic events, if such use is approved by either (1) any City board, committee and the City Manager; or (2) as directed or requested by the City Council. The remainder of Section 62-172 shall remain unchanged. 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of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.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 ofthe 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 by law. 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. ORDINANCE AMENDING SECTION 62-I~2 TO EXPAND PORTABLE SIGN USE BY CITY Page 2 W:\Richland Hills\Ordinance\sign amendment to permit temporary portable sign use by city.tgs.4.28.09.wpd 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 ofthe provisions ofthis Ordinance shall be fined no more than Five Hundred Dollars and no cents($500.00) for each violation ofthis 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 by law, and it is so ordained. PASSED AND APPROVED ON THIS DAY OF , 2009. HONORABLE DAVI GAN, MAYOR ATTEST: \\\~~~~tttu l u tuu~,,~~~ ,,,,~`GN1.W ND y~~%,,,,,, LINDA CANTU, TRMC, CITY SECRETARY Q . : : to EFFECTIVE D TE: ~b ~~0 ~ ~ ,v y= APPROVE AS O FORM AN LEGALITY: ~~~~~lunull~lttrr~ /~Y~~ ' TIM G. SRALLA, CITY ATTORNEY ORDINANCE AMENDING SECTION 62-172 TO EXPAND PORTABLE SIGN USE BY CITY Page 3 W:\Richland Hills\Ordinance\sign amendment to permit temporary portable sign use by city.tgs.4.28.09.wpd