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HomeMy Public PortalAboutOrdinance No. 1324-17 02-07-2017ORDINANCE NO. 1324-17 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 18 "BUSINESSES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS BY REVISING ARTICLE II. "ALCOHOLIC BEVERAGES"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; PROVIDING A PENALTY CLAUSE; 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 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 Article II "Alcoholic Beverages" of Chapter 18 "Businesses" of the Code of Ordinances, City of Richland Hills, Texas is here by amended by revising Section 18-34 entitled "Unlawful to drink or possess intoxicating liquors within certain areas", so that Section 18-34(c) now reads as follows: "(a) Ball fields. It shall be unlawful for any person to carry, possess or drink any alcoholic or intoxicating beverage in or upon the grounds of any city-owned or operated baseball or softball field. (b) Swimming pool areas. It shall be unlawful for any person to carry, possess or drink any alcoholic or intoxicating beverage in any city-owned or operated swimming pool area. (c) City facilities and park areas. Unless permission is granted pursuant to a rental policy approved by the city manager, the following shall be prohibited: (1) It shall be unlawful for any person to sell or otherwise provide or make available any alcoholic or intoxicating beverage in any city-owned or operated building, facility or park. (2) It shall also be unlawful for any person to possess or consume any alcoholic or intoxicating beverage in or bring such alcoholic or intoxicating beverage into or upon the grounds of any city-owned or operated building, facility or park." 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 this 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 bylaw. 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 Five Hundred Dollars ($500.00) for each offense. SECTION 6 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 7th DAY OF FEBRUARY, 2017. ~ _ ~ ~ iy~ THE HONORABLE OR BILL AGAN ATTEST: C ~~ CATHY BOU ,CITY SECRE Y EFFECTIVE DATE: Z - l 3 -1 ~ APPROVED AS TO FORM AND LEGALITY: ~ _. ~' BETSY ELAM \ ATTORNEY \\!1!1111 n ~n a ull;1~~~~ `" ~ `~`~ //~~~~lllllllill• 111111~~\\\