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HomeMy Public PortalAboutOrdinance No. 1252-13 08-20-2013ORDINANCE NO. 1252-13 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, CHAPTER 18, "BUSINESSES", BY ADDING A NEW ARTICLE IX, "ASSISTED LIVING FACILITIES"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FORA PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas 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, Chapter 247 of the Health and Safety Code (the "Act") prohibits a person from establishing or operating an assisted living facility without a state issued license; and WHEREAS, the Act authorities a municipality to prohibit a person who does not hold a state issued license from establishing or operating an assisted living facility within the municipality; and WHEREAS, the City Council has determined that in order to protect the health, welfare, and safety of its residents, it is necessary to prohibit unlicensed assisted living facilities from operating within the City and to require such facilities to provide proof of licensure to the City in order to operate; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: SECTION 1 The Richland Hills Code of Ordinances is hereby amended by adding Article IX to Chapter 18 to read as follows: "ARTICLE IX. ASSISTED LIVING FACILITIES. Secs. 18-436 - 450. Reserved. C:~usersucantuwpp~ata~t_oca~~Microsoft~windows~Temporary Internet Files\Content.Outlook\SWOFX101\Assisted Living Facilities.docx dos/o6/is~ Page 1 DIVISION 1. GENERALLY Sec. 18-451. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assisted living facility has the meaning as defined in the Act, as it may be amended. As of the date of this ordinance, Section 247.002(1) provides that it means an establishment that: (1) furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; (2) provides: a. personal care services; or b. administration of medication by a person licensed or otherwise authorized in this state to administer the medication; (3) may provide assistance with or supervision of the administration of medication; and (4) may provide skilled nursing services for the following limited purposes: a. coordination of resident care with outside home and community support services agencies and other health care professionals; b. provision or delegation of personal care services and medication administration as described by this subdivision; c. assessment of residents to determine the care required; and d. for periods of time as established by department rule, delivery of temporary skilled nursing treatment for a minor illness, injury, or emergency. DIVISION 2. LICENSE Sec. 18-452. State license required. A person may not establish or operate an Assisted Living Facility within the City of Richland Hills without obtaining a license issued under Chapter 247 of the Texas C:~usersucantuwpp~ata~~ocannnicrosoft~windows~Temporary Internet Files\Content.Outlook\SWOFX101\Assisted Living Facilities.docx ioa/o6/is~ Page 2 Health and Safety Code and providing proof to the city manager or his designee of such licensure prior to commencing operations." SECTION 2. CUMULATIVE This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. 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 a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 the unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. SAVINGS All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating Assisted Living Facilities that 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. PENALTY 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 not more than Two Thousand Dollars ($2,000.00) for each offense. SECTION 6. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. C:\Users\Icantu\AppData\Local\Microsoft\Windows\Temporary Intet'net FIIeS~COntent.OUtI00k~SWOFX101~ASSISted Living Facilities.docx (os/o6/13) Page 3 SECTION 7. 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 sqqo ordained. PASSED AND APPROVED ON THIS d~~ DAY OF ~ , 2013. HONORA ILLAGAN, MAYOR ATTEST: \~~ L DA CANTO, CITY SECRETARY EFFECTIVE DATE: 0 t~ APPROVED AS TO FORM AND LEGALITY: BETSY E CIT ATTORNEY \\\\~~~~11111I -rIN//////// ~~ °~ =~ ~ ~ ~ti ''/////ruin r I I I I~~~~~~~`\\ C:~users~icantuwpp~ata~Loca~~Microsoft~windows~remporary Internet Files\Content.Outlook\SWOFX101\Assisted Living Facilities.docx dos/o6/13) Page 4