HomeMy Public PortalAboutOrdinance No. 1267-14 05-06-2014ORDINANCE NO. 1267-14
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 34, "ENVIRONMENT"; REGULATING
CERTAIN VEHICLES 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 junked or
abandoned vehicles located 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 adding section 34-
273 of Article VI "Junked, Wrecked or Abandoned Property" of Chapter 34 to read as follows:
"Section 34.273. Vehicle awaiting repair.
(a) Notwithstanding any other provision in this article, each single-family or two-family
residence is permitted to park not more than one junked vehicle that is awaiting repair for
a period not to exceed 15 days.
(b) Each single-family or two-family residence may park or store not more than one junked
vehicle pursuant to subsection (a) herein provided the vehicle is properly screened from
public view in all directions by solid fence not less than six (6) feet in height."
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SECTION 2.
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hereby repealed.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 3.
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 4.
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 5.
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 6.
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.
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SECTION 7.
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 8.
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 ~p DAY OF ~, , 2014.
E HONO BILL AGAN, MAYOR
ATTEST:
L DA ANTU, CITY SECRETARY
EFFECTIVE DATE: ~ \
APPROVED AS TO FORM AN LEGALITY:
BESTY ELAM IT ATTORNEY
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