HomeMy Public PortalAboutOrdinance No. 1235-12 07-17-20121235-12
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING
THE CITY CODE BY ADDING SECTION 82-211(C) SETTING FORTH
EXCEPTIONS TO PARKING RESTRICTIONS FROM THE PARKING
PROHIBITION; 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 previously adopted regulations prohibiting the
parking of trailers on the streets; and
WHEREAS, after consideration, the Council has determined that police radar trailers
are unique in that they are necessary to control the speed of vehicles in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
Section 82-211 "Restrictions on Parking of Vehicles" of the City Code is hereby
amended to add section (c) to read as follows:
(c) This section shall not apply to any of the following: (1) street
construction, maintenance, and repair equipment, trucks, rollers, and
implements, and trucks, equipment, trailers; (2) vehicles used by
public service utility companies actively engaged in repairing or
extending public service utilities; (3) fire, police, and other emergency
response and emergency services vehicles and equipment; (4) radar
speed trailer or any other type trailer operated by the City of Richland
Hills for control of motor vehicle speed, traffic control, or for public
business; (5) public buses when taking on or discharging passengers;
and (6) vehicles defined or designated therein which have developed
a mechanical defect after such vehicles have commenced to run, en
route, making it unsafe to proceed further, and in this event, it shall be
lawful to stand or park the vehicle only during the time necessary to
make emergency repairs or arrange for the vehicle to be towed, but
in no event shall such period exceed three hours.
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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
ofthis 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
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exhibits to this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
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 Two Thousand Dollars 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 , 2012.
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BILL AGAN, MAYOR
ATTEST:
INDA CANTO, TRMC, CITY SECRETARY
EFFECTIVE DATE: c~,OI
APPROVED AS TO FORM AND LEGALITY:
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