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Home My Public Portal AboutOrdinance No. 1340-17 11-13-2017ORDINANCE NO. 1340-17 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, BY AMENDING SECTION 82-314 TO PERMIT THE OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; 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, under Chapter 551 of the Texas Transportation Code, the City Council previously prohibited the use of neighborhood electric vehicles on all streets, highways and alleys within the City of Richland Hills; and WHEREAS, the City Council has since determined that said complete prohibition of neighborhood electric vehicles on the streets, highways and alleys within the City of Richland Hills is no longer necessary in the interest of safety; and WHEREAS, the City Council wishes to permit the use of neighborhood electric vehicles on streets, highways and alleys within the City of Richland Hills for which the posted speed limit is 35 miles per hour or less; and WHEREAS, the City Council has determined that prohibiting the use of neighborhood electric vehicles on streets, highways and alleys within the City of Richland Hills for which the posted speed limit is greater than 35 miles per hour is necessary in the interest of safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 82-314 TO PERMIT THE USE OF NEIGHBORHOOD ELECTRIC VEHICLES ON CERTAIN STREETS AND HIGHWAYS Section 82-314 of the Code of Ordinances of the City of Richland Hills, Texas, as amended, is hereby amended by removing the reference to neighborhood electric vehicles in subsection (a), and adding subsection (c) permitting the use of neighborhood electric vehicles on certain streets and highways, to now read as follows: Operation of neighborhood electric vehicles and motor assisted scooters restricted. (a) It shall be unlawful for any person to operate a motor assisted scooter on any alley, street or highway within the city, including the parkway of any alley, street or highway (b) It shall be unlawful for any person to operate a motor assisted scooter on any public property, including but not limited to any public park, easement, sidewalk, trail, path or parking lot, within the City, except for paths and trails which are expressly posted as allowing such use, and for paths and trails reserved for the exclusive operation of bicycles. (c) A neighborhood electric vehicle may only be operated on a street or highway within the city, including the parkway of any alley, street or highway, for which the posted speed limit is 35 miles per hour or less. 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, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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 4. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, publication clause and effective date of this Ordinance to the extent required by law. SECTION 5. PENALTY FOR VIOLATION 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 Hundred Dollars ($200.00) for violation of this Ordinance. Each instance ofnon-compliance shall constitute a separate offense. SECTION 6. PENALTY FOR VIOLATION 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 Hundred Dollars ($200.00) for violation of this Ordinance. Each instance ofnon-compliance shall constitute a separate offense. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS 13th DAY OF NOVEMBER, 2017. ~~~~~tt~~~~niirrrrrr~ ~~ ~ ~ -.. f',, ~, '/,~~~~~rrr r • ~ n «t~~i~~`~, ~' ~ ~~-- ORABLE L AGAN, MAYOR ATTEST: i CATHY BOU ,CITY SECRE APPROVED AS TO FORM AND LEGALITY: