HomeMy Public PortalAboutOrdinance No. 1270-14 05-06-2014ORDINANCE NO. 1270-14
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 58, "OFFENSES AND MISCELLANEOUS
PROVISIONS" BY REVISING REGULATIONS FOR GARAGE SALES;
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 garage sales
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 amendments 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
58-88 of Article III "Garage Sales" of Chapter 58 to read as follows:
"Sec. 58-88. Number of sales allowed per year.
Single family and two family residential property. The owner or lessor of any single-family
residential or two-family residential lot in the city, upon obtaining the permit required by section
58-89, and subject to the other restrictions of this article and other ordinances of the city, may
display, offer for sale, and sell, used personal property, by conducting a garage sale, patio sale,
lawn sale or similar sale, as many as four times in any calendar year."
SECTION 2.
The Code of Ordinances, City of Richland Hills, is hereby revised by amending section
58-89 of Article III "Garage Sales" of Chapter 58 to read as follows:
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"Sec. 58-89. Permit required.
No person shall display, offer to sell or sell such personal property in the city without first
procuring a permit from the city for each sale, at a cost as provided in appendix A, before the
beginning of the display offering to sell or selling of such used personal property. Such permit
shall be posted upon the sale premises during the sale."
SECTION 3.
The Code of Ordinances, City of Richland Hills, is hereby revised by amending section
58-90 of Article III "Garage Sales" of Chapter 58 to read as follows:
"Sec. 58-90. No Limitation on number of sales per block at one time.
Multiple garage sales on the same street at the same time are allowed as long as each selling
location has been issued a permit."
SECTION 4.
The Code of Ordinances, City of Richland Hills, is hereby revised by amending section
58-92 of Article III "Garage Sales" of Chapter 58 to read. as follows:
"Sec. 58-92. Commercial garage sales permitted twice each year.
It shall be a violation of this article for any church, business, or any commercial enterprise which
to conduct a garage sale, patio sale, lawn sale or similar sale in the city, more than twice in any
calendar year, except to the extent, if any, expressly permitted otherwise by other ordinance of
the city."
SECTION 5.
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 6.
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.
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SECTION 7.
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 8.
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 9.
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.
SECTION 10.
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 11.
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
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2014.
ONORAB BILL AGAN, MAYOR
Page 3
ATTEST: ~ l
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LINDA CANTU, CITY SECRETARY ~`)
EFFECTIVE DATE: ~O~"'~
APPROVED AS TO FORM AND LEGALITY:
BESTY ELAM A TORNEY
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