The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1266-14 05-06-2014ORDINANCE NO. 1266-14 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 34, "ENVIRONMENT"; PROHIBITING AUTOMOBILE SALES IN CERTAIN AREAS WITHIN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A 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, the City Council has previously adopted regulations related to the parking of certain vehicles and advertising the same for sale within the City; and WHEREAS, the City Council of the City of Richland Hills, Texas, desires to amend and clarify these provisions; and WHEREAS, the City Council of the City of Richland Hills, Texas, has determined that the adoption of the amendment herein is in the best interest of the public health, safety and general welfare and therefore deems it advisable to enact this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The Code of Ordinances, City of Richland Hills, is hereby revised by amending section 34-291 of Article VII "Parking on Unapproved Surfaces" of Chapter 34 to read as follows: "Section 34-291. Parking restrictions generally. (a) No vehicles, trailers or recreational equipment shall be parked or stored on any lot within the city except in accordance with the following provisions: (1) On nonresidential property when parked upon an approved surface; (2) On residential property when parked on any side or front yard when such vehicle is parked on hard paved surface of concrete or asphalt not less than nine (9) feet by eighteen (18) feet, or at least of sufficient size to accommodate the horizontal area projected by the extreme limits of the vehicle. A vehicle may be parked or stored in the side yard, side yard adjacent to a street or rear yard provided it is screened from public view by not less than asix-foot tall solid fence. All parking C:\Users\lcantu\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook~RKP$~6BY~C1U158f1Ce dUtO 5225 8tld off street parking 2014 01 1266.docx ~o4iloil4~ Page 1 spaces constructed for the purpose of abating this nuisance shall be constructed with a driveway adjoining an existing on-site driveway and approach adjoining a public right of way; (3) On residential property when parked on any rear yard provided it is screened from public view by not less than asix-foot tall solid fence; (4) Items parked or stored in or on a side yard shall maintain a minimum three foot clearance to the property lines; or (5) No more than two vehicles shall at any one time be parked in the rear yard of a residential lot of less than one-half acre, and no more than three vehicles shall be parked in the rear yard of a residential lot of one-half acre or more in size. On residential lots greater than one acre in size, farm implements shall be exempted from the requirements of this subsection and shall not count as vehicles in calculating the maximum number allowed. Notwithstanding the foregoing, vehicles which are parked in an enclosed garage or carport shall not count as vehicles in calculating the maximum number allowed, and shall be permitted in unlimited numbers. (b) Any vehicle, trailer or recreational equipment that is parked or stored in violation of subsection (a) of this section, is hereby declared to be a nuisance. (c) A person commits an offense if the person, on property under that person's control, parks or stores or allows to be parked or stored, in violation of subsection (a) of this section, any vehicle, trailer or recreational equipment." SECTION 2. The Code of Ordinances, City of Richland Hills, is hereby revised by adding section 34- 293 of Article VII "Parking on Unapproved Surfaces" of Chapter 34 to read as follows: "Section 34-293. Automobile Sales in Certain Areas. (a) A person commits an offense by parking or allowing the parking of an automobile, boat, trailer or any other type of vehicle on any public street, playground, park, athletic field, or schoolyard with any type of sign or writing on the vehicle, which offers the vehicle for sale if the vehicle has not moved for more than two hours. (b) A person commits an offense by parking or allowing the parking of an automobile, boat, trailer, or any other type of vehicle upon any private property, including parking lots or driveways of residential or commercial lots with any type of sign or writing upon the vehicle which offers the vehicle for sale. C:\Users\lcantu\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outiook~RKP$76BY~rlUlSanCe 8Ut0 5825 dtld off street parking 2014 01 1266.docx ~o4ilon4~ Page 2 (c) It is a defense to prosecution under this section if the vehicle is offered for sale upon real property zoned for automobile sales or if the vehicle is offered for sale on private residential property and no more than two vehicles have been offered for sale from that property within any one calendar year." SECTION 3. This Ordinance shall be cumulative of all provisions of ordinances of the City of Richland Hills, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. 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, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. 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 ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Richland Hills, Texas, are expressly saved as to any and all violations of the provisions of any ordinances of the City of Richland Hills which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. C:\Users\Icantu\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook~RKPS76BY~IlUISdr1Ce 2Ut0 SaI25 and off street parking 2014 01 1266.docx ~o4noiia> Page 3 SECTION 8. The City Secretary of the City of Richland Hills is directed to publish the caption and penalty clause of this Ordinance in the official newspaper of the City of Richland Hills, Texas, as required by Section 52.011 of the Texas Local Government Code. SECTION 9. This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ~ DAY OF , 2014. THE HONORABL L AGAN, MAYOR ATTEST: INDA CANTU, CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AN LEGALITY: \\\~~uu l u u u i u,ii,,~ .,,`~`GN~~:Np yi'',, ,, -. ~ ~ n? =v ~ ~ ~ a= c~ , ;, ~. .~ C:\Users\lcantu\AppData\Local\Microsoft\WindowslTemporary Internet Files\Content.Outlook~RKP$~6BY~C1UISanC2 dUtO 5825 BCId off street parking 2014 01 1266.docx ~oanon4~ page 4