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Home My Public Portal AboutOrdinance No. 1406-20 05-11-2020ORDINANCE NO.1406-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 22, EMERGENCY MANAGEMENT, OF THE RICHLAND HILLS CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 22-1 "EMERGENCY MANAGEMENT PLAN" TO ADOPT TARRANT COUNTY'S CURRENT EMERGENCY MANAGEMENT PLAN AND ANNEXES; AND BY REVISING SECTION 22-31, OFFENSES; PENAL TIES, TO PROVIDE PENAL TIES FOR VIOLATIONS OF THE CITY'S EMERGENCY MANAGEMENT PLAN AND DISASTER DECLARATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENAL TY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTICE 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 of Richland Hills, Texas, has in place an Emergency Management Plan pursuant to Chapter 418 of the Texas Government Code (the Texas Disaster Act) and desires to adopt the current Tarrant County Emergency Management Plan as the plan for the City of Richland Hills; and WHEREAS, the City Council desires to expressly provide for penalties for violations of the Emergency Management Plan and rules, regulations or directives adopted under the plan or pursuant to local or state disaster declarations; and WHEREAS, the City Council finds that this ordinance is in the best interest of the City and furthers the public health, safety and welfare of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Section 22-1 "Emergency management plan" is hereby adopted to read as follows: Sec. 22-1. -Emergency management plan. The 2015 Tarrant County Emergency Management Plan, including all annexes and amendments, is hereby adopted as the City of Richland Hills Emergency Management Plan. SECTION 2. Section 22-31, "Offenses; penalties," of the Code of Ordinances of the City of Richland Hills, Texas, is hereby amended to read as follows: Sec. 22-31. -Offenses; penalties. (a) It shall be unlawful for any person to willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. (b) It shall be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this chapter and shall be subject to the penalties imposed by this chapter. (d) It shall be unlawful for any person to willfully violate, or fail to comply with, the City's emergency management plan, a state or local disaster declaration, or a rule, order or regulation adopted under such a declaration. (e) Convictions for violations of the provisions of this chapter shall be punishable by a fine not to exceed $1,000.00 per day." SECTION 3. This Ordinance shall be cumulative of all provisions of ordinances and the Code 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 and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. The penalties provided in this Ordinance shall be cumulative of the penalties and enforcement authority in Section 418.173 of the Texas Government Code and any enforcement authority of the City pursuant to Section 122.006 of the Texas Health and Safety Code and any other statutory or home rule authority to enforce public health and sanitation violations. SECTION 4. 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. SECTION 5. All rights and remedies of the City of Richland Hills, Texas, are expressly saved as to any and all violations of the provisions of the ordinances and Code of 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 and Code, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. This Ordinance shall become effective after its passage and publication as required by law and the City Charter of the City of Richland Hills, Texas. SECTION 7. This Ordinance shall be in full force and effect from and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 11 th DAY OF M ~ ATTEST: APPROVED AS TO FORM AND LEGALITY: Star!JelegWP, Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-41315 Attention: Cathy Bourg CITY OF RICHLAND HILLS 3200 DIANA DR FORT WORTH, TX 761186237 OTY OF ltt(HLANC Hl&.LS ORDINANCE NO, 1~06-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CfTY OF RICH- LAND HILLS, TEX~,~MEND· ING CHAPTER 22J._EMtKGENCY MANAGEMENT ...,. THE RICH· LAND 1-UU:S (ODE CW ORDI• NANCES, AS AMENO ¥ Al>OIIIG SECTION 22-1 GENCY MANAGEMENT P TO ADOPT T UN• UJA=w. ~ NEXES; ANO BY REVISIN SEC· TI0N 22-31. OffENSES; PENAL· TIES.,. 'l'O PROVIDE 12£NAL TIES FOR VIOLA NS OF THE CIT• V'S EHCY MANA6E· MENT AND DISASTER DECL NS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORCI- NANCES; PROVIDING A seVERASILITY CLAUSEL· PRO• VIDING A SAVINGS C A~/ PROVIDING FOR A PENAL I T FOR VIOI.ATIONS· PROVIDING FM PUBLICATIOft IN THE OF· FICIAL NEWSPAPER; ANO PRO• VIDING AH EFFECTICE DATE.NOW. TMEREF'ORE, BE IT ORDAINED BY THE CITY COON· CIL OF TIIE CITY OF RICHLAND HILLS TEXAS· Section 22•31, ~offenses; o-Malt~.--of UM!~ of ()rdj.- l'lilflC,ff of the City of Rldlf.and HIiis, Texas, Is hereby amended to rNCl as follows: sec. 22•31. • Off.nsu; penalties. AFFIDAVIT OF PUBLICATION p CITY OF RICHLAND HILLS ORDINANCE NO. 1 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: ____ lnsertion(s) Published On: May 15, 2020 VEodd'a../ (Principal Clerk) {a) It shalt lie unlawful for any per• son to WillfUJ~ obstruct, hinder, or delay any momlM!r of the: e.,_gency maRil'lll!ffl4!ftt or9illll· z..l:ion in Ule enforC4!ml!llt of any rulo • r~atlon ISMIN J)Ur-1: to this ch.a(lter, or to do anr act forbidden by any rule or rogulation issued Plll'soant to the authorttY QJflt<llned In this:. chapter. (b} It shall be unlawful f« 1iny P«Mlft to w.ar, CMrli' or dlsl)IJy any emblem, mslgnl,a or any other muns or identifica• uoo as a meml>« of the cuner• gency managemecrt CJl'ganl:latloo of the city, unless. authority to do so has been granted to such person by tht J)(!Jf!tr offldal:s. (c) Any unauthorized person Who shall Ofl«ate II sireft or 0th- ..-.s.vfat so as to stmutate a warning 5'gm1I, ar the termina• tiOft Of a warning, shall k- dfflM4J 91,1llty of a violation of tlli.s c:hapter am! shall be subject to HI>!! pemtttlM in1PO:sell IIY tniS cl\epttr. (cl) It sllall lHt lffllawful for any pBr!IDn to willfully vio- late, Gt' fail to CJIICIIOIY Witfl, the Ot)"s emor9fflC>' ma,,agenwot i,lail, a state ar local dlsasta- declaraticMI, or a rule, or1'el' or ..-alien .-tecl und« such a cleclaratlon. (e) Convktions for vialatiOl'IS of tile l'H'O\'iSioRs of this CllaptQI' SMII be DQftlsllablf. ~ floe net to exceed SUBSCRIBED AND SWORN TO BEFORE ME, THIS 15th day of May in the year of 2020 /,,,,,------------ ; "\ -·' -... ooper~.~ ..... Extra charge for lost or duplicate affidavits. Legal document please do not destroy! )