HomeMy Public PortalAboutOrdinance No. 1223-12 01-10-20121223-12
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 62 OF THE CITY CODE TO PERMIT THE
PLACEMENT OFNON-COMMERCIAL, INFORMATIONAL AND PUBLIC
SERVICE SIGNS ON BUS BENCHES; 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 ofnon-commercial, public service and
informational signs on bus benches, subject to certain restrictions and regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
NEW DEFINITIONS
Section 62-1 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended
by the addition of new definitions, to provide as follows:
Bus bench means an outdoor bench designed and intended for persons to sit while
resting and awaiting pickup by public transportation services.
Bus bench sign means anon-commercial or informational sign placed on the back
of a bus bench or on an enclosure erected by the Fort Worth Regional Transportation
Authority for the purpose of sheltering persons awaiting pickup by the Authority.
Commercial sign means a sign conveying, through language, graphics, pictures, or
other device or artifice, a message intended to advertise, promote, or induce a person
to purchase any commercial product or service from an non-governmental entity.
Informational sign means a sign conveying, through language, graphics, pictures, or
other device or artifice, a message intended to provide a person with information
regarding governmental services, schedules, or other current events not related to any
commercial product or service offered by anon-governmental entity.
Non-commercial sign means a sign conveying, through language, graphics, pictures,
or other device or artifice, a message other than one intended to advertise, promote,
or induce a person to purchase any commercial product or service from an non-
governmental entity.
The remainder of Section 62-1 shall remain unchanged.
SECTION 2.
BUS BENCH SIGNS PERMITTED
Section 62-153 of Division 1 of Article III of Chapter 62 of the Richland Hills City Code is
hereby amended by the addition of a new definition, to provide as follows:
Sec. 62-153. Bus Bench Signs Permitted.
The Fort Worth Regional Transportation Authority, with the approval of the City
Council, may place bus bench signs on bus benches in the City. Such signs shall not
be considered off-premise signs or otherwise be prohibited in the City, provided that
they are adequately maintained as otherwise provided in this Chapter.
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 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 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 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
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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 6.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date ofthis Ordinance to the extent required by law.
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 ofany 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
Y OF 11 r. ,,.~ wX.r7./ .2012.
HONORABLE DAVID L.~j4GAN, MAYOR
ATTEST: \
LIN A CANTU, T C, CITY SECRETARY
EFFECTIVE DATE: ~ ~ ~ ~.
APP VED AS TO F RM AND L ALITY:
/~
A, CITY ATTORNEY
ORDINANCE AMENDING SECTION 62-153 TO PERMIT BUS BENCH SIGNS
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