HomeMy Public PortalAboutOrdinance No. 1393-19 06-10-2019ORDINANCE NO. ) 3 G ~ -° ~ G
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING BY AMENDING ARTICLE II "GRASS AND WEEDS" AND
ARTICLE III "UNHEALTHY, UNSIGHTLY AND UNSANITARY
CONDITIONS" OF CHAPTER 34 "ENVIRONMENT"; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY; 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 regulations governing the
high weeds and grass along curbs and gutters within the City require revisions; and
WHEREAS, the Richland Hills City Council has determined that regulations governing the
litter, refuse, junk and other materials along curbs and gutters within the City require revisions; 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
Section 34-31 "High weeds and grass prohibited" of Chapter 34 "Environment", Article II
"Grass and Weeds" is hereby amended to read as follows:
Sec. 34-31. -High weeds and grass prohibited.
(a) Any developed property upon which any weeds or grass exceed eight inches in height
is hereby declared to be a nuisance.
(b) Any undeveloped property upon which any weeds or grass exceed twelve inches in
height is hereby declared to be a nuisance.
(c) A person commits an offense if the person owns, occupies or controls any real
developed property upon which any weeds or grass exceed eight inches in height.
(d) A person commits an offense if the person owns, occupies or controls any real
developed property and fails to maintain the right-of--way adjacent to the property free of any
weeds or grass that exceed eight inches in height.
(e) A person commits an offense if the person owns, occupies or controls any real
undeveloped property upon which any weeds or grass exceed twelve inches in height.
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(f) A person commits an offense if the person owns, occupies or controls any real
undeveloped property and fails to maintain the right-of--way adjacent to the property free of any
weeds or grass that exceed twelve inches in height.
(g) A person commits an offense if the person owns, occupies or controls any developed
real property upon which any weeds or grass exceed eight inches in height underneath any
vehicle, trailer or recreational equipment parked or stored on such property.
(h) A person commits an offense if the person owns, occupies or controls any
undeveloped real property upon which any weeds or grass exceed twelve inches in height
underneath any vehicle, trailer or recreational equipment parked or stored on the property.
(i) A person commits an offense if the person owns, occupies or controls any developed
real property and fails to maintain the curb and gutter adjoining the property free of all weeds,
grass, or any other vegetative overhang.
(j) A person commits an offense if the person owns, occupies or controls any
undeveloped real property and fails to maintain the curb and gutter adjoining the property free of
all weeds, grass, or any other vegetative overhang.
(k) The provisions of this section apply to real property located within the city.
SECTION 2
Section 34-82 "Accumulations prohibited" of Chapter 34 "Environment", Article III
"Unhealthy, Unsightly And Unsanitary Conditions" is hereby amended to read as follows:
Sec. 34-83. -Accumulations prohibited.
(a) A person commits an offense if the person accumulates or allows the accumulation on
any property of any garbage, refuse, rubbish, trash or debris.
(b) A person commits an offense if the person accumulates or allows the accumulation on
any curb or in any gutter in the City of any yard trimmings, leaves and similar materials
that interfere with normal drainage of water through the curb and gutter.
SECTION 3
Section 34-88 "Littering" of Chapter 34 "Environment", Article III "Unhealthy,
Unsightly And Unsanitary Conditions" is hereby amended to read as follows:
Sec. 34-88. -Littering.
(a) Every owner, lessee, occupant or other person in charge of any privately or publicly
owned property, whether such property is occupied, unoccupied, vacant, developed or
undeveloped, within the city, shall:
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(1) Not allow litter, refuse or junk to accumulate or be thrown, deposited or left
upon such property, except in a receptacle designed to contain litter in a manner
so as not to allow it to be blown, carried, scattered or deposited by wind or animal
upon any right-of--way, public property or private property.
(2) Keep the sidewalk, curb, gutter, and right-of--way in front of and adjacent to
the property and any alley or right-of--way behind the property free of litter,
refuse, and junk.
(b) No person shall throw, deposit, drop, sweep or place any litter or junk into or onto any
privately or publicly owned property, park, sidewalk, street, driveway, right-of--way or
other place which is not a receptacle designed to contain litter in a manner so as not to
allow it to be blown, carried, scattered or deposited by wind or animal elsewhere.
SECTION 4
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 5
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 6
SAVINGS CLAUSE
That all rights and remedies of the City of Richland Hills are expressly saved as to any and all
violations of the provisions of the City's weed and grass regulations, accumulation regulations, and
the City's littering regulations 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.
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SECTION 6
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 7
PUBLICATION
The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to
the extent required by law.
SECTION 8
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.
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PASSED AND APPROVED ON THIS I ~ DAY OF J [.t./l e , 2019.
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T HONORABLE MAY EDWARD LOPEZ
ATTEST:
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CATHY BOU G, CITY SEC ARY
EFFECTIVE DATE: ~ -
AND LEGALITY:
CITY ATTORNEY
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