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HomeMy Public PortalAboutOrdinance No. 1279-14 07-15-2014ORDINANCE NO. 1279-14 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 34 "ENVIRONMENTAL" BY AMENDING ARTICLE V. "NOISE"; PROVIDING THAT AN EXEMPTION TO THE NOISE ORDINANCE MAY BE GRANTED IN CERTAIN INSTANCES IF DEEMED TO BE IN THE BEST INTEREST OF THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE .OF ALL ORDINANCES; PROVIDING A SEVERABILITY 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 Richland Hills City Council has determined that in certain circumstances the existing noise ordinance is unnecessarily restrictive; and WHEREAS, the City Council finds that this ordinance is in the best interests of the citizens of the City of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS; SECTION 1 That Section 34-172, "Loud noises prohibited," of the Code of Ordinances, City of Richland Hills, Texas is hereby amended by adding the following subsection (d) to read as follows: "(d) A temporary exemption to any part of this Article may be granted by the City Manager or his designee if it is deemed to be in the best interest of the City of Richland Hills." 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provisions of the is ordinance are in direct conflict with the provisions of such ordinances and such Code are hereby repealed.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 PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. SECTION 5 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 15''' DAY OF JULY, 2014. THE HO O YOR BILL AGAN ATTEST: CATHY BO ,CITY SEC Y `\,,.~`~Q.~C • • oyj~~,~% 4. •1 ~ EFFECTIVE DATE: ~ ~~ ~ ~~~ ~-J , ~. (J) c-3 '~ ~~ °,,,~ _"` ~ m. =v ~ 'X= ~a= APPROVED AS TO FORM AND LEGALITY: ~~ BETSY E ,CITY ATTORNEY 2