HomeMy Public PortalAboutOrdinance No. 1217-11 12-19-2011CITY OF RICHLAND HILLS ORDINANCE NO.
1217-11
AN ORDINANCE OF THE CITY OF RICHLANll HILLS, TEXAS
AMENDING SECTION 90-4, THE DEFINITIONS SECTION OF THE
CITY'S COMPREHENSIVE ZONING ORDINANCE, TO AMEND OR
CREATE DEFINITIONS FOR "VEHICLE", 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 in order to regulate zoning as authorized by
Chapter 211 of the Texas Local Government Code; and
WHEREAS, the zoning ordinance currently defines "vehicle" to include some but not all
trailers; and
WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that
the definition of "vehicle" be revised to include trailers of all types; and
WHEREAS, the City Council has also determined that such definition should be revised
accordingly;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 90-4 TO REVISE DEFINITION OF
"VEHICLE"
Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is hereby amended
by the revision of the definition of "vehicle" as provided below:
vehicle means every device designed to be driven, towed or drawn upon a street or
highway without substantial modification, and which are not intended to be
established on a single location, except devices moved exclusively by human power.
The remainder of Section 90-4 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 indirect 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the conflicting provisions of such ordinances and such Code are hereby repealed.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 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 REVISING DEF[NTION OF "VEHICLE" Page 2
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SECTION 7.
PENALTY FOR VIOLATION
Any person, tirm 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 Dol Lars and no cents ($2,000.00) for each violation 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 by law, and it is so ordained.
PASSED AND APPROVED ON THIS ` `~ DAY OF ~~ ,~~ , 201 1.
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E HONORABLE DAVI L. RAGAN, MAYOR
ATTEST:
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LINDA CANTU, CITY SECRETARY ~ ~~~' ~ ~'!~
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EFFECTIVE DATE: ~~.- `~-- .011 = y
APPROVED AS TO FORM AND LEGALITY: ~nnnnn
T7~ .. r._on ~ r r ~ ~ CITY ATTORNEY
ORDINANCE REVISING DEFINTION OF "VEHICLE" Page 3
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