The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1468-23 02-27-2023 ORDINANCE NO. 1468-23 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 58, "OFFENSES AND MISCELLANEOUS PREVISIONS," OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY ADDING A NEW ARTICLE VIII, "STREET RACING AND RECKLESS DRIVING EXHIBITIONS," TO PROHIBIT TAKING PART IN STREET RACING, SPECTATING STREET RACES, AND/OR AIDING IN STREET RACING EXHIBITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; 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 City of Richland Hills has become aware of street racing incidences occurring within the city limits; and WHEREAS, the City Council finds that street racing endangers public health, safety, and welfare; and WHEREAS the City Council finds it necessary to implement penalties for those who take part in street racing; and WHEREAS, the City Council has determined that the regulations as outlined herein are in the best interest of the health, safety, and general welfare of the citizens of the City of Richland Hills and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: SECTION 1. Chapter 58, "Offenses and Miscellaneous Provisions," of the Code of Ordinances, Richland Hills, Texas is hereby amended by adding Article VIII "Street Racing and Reckless Driving Exhibitions," to read as follows: "ARTICLE VIII STREET RACING AND RECKLESS DRIVING EXHIBITIONS Sec. 58-151. - Definitions. The following words, terms and phrases, when used in this article, shall have the following meanings: Days means calendar days including weekends and holidays. Exhibition of acceleration means the acceleration of a motor vehicle, whether originally stopped or moving, in such a manner as to cause a tire on the vehicle to excessively spin or lose traction, to cause the driving wheels to create a loud noise, to cause the front wheel or wheels to leave the driving surface (commonly known as a "wheelie") or to cause the rear portion of the vehicle to sway or swing from side to side. Off-street parking facility means any public or private off-street parking area open for use by the public for parking vehicles, other than a private residential property or the parking area of a garage or parking lot for which a charge is made for the storing or parking of vehicles. Preparations means for a street race or reckless driving exhibition include any of the following acts done for the purpose of causing a street race or reckless driving exhibition: (1) Causing one or more motor vehicles and persons to gather at a predetermined location on a public street, highway, or off-street parking facility; (2) Causing one or more persons to gather on, or adjacent to, a public street or highway; (3) Causing one or more persons to gather in an off-street parking facility; (4) Causing one or more persons to impede the free public use of a public street, highway or off-street parking facility by acts, words or physical barriers; (5) Causing one or more motor vehicles to line up on a public street, highway, or off-street parking facility with motors running, impeding the free public use of a public street, highway, or off-street parking facility or being a physical barrier; (6) Causing one or more drivers to rev a motor vehicle, cause a motor vehicle to present an exhibition of acceleration, or cause the motor vehicle's tires to spin; or (7) Standing or sitting in a location to act as a race starter. Reckless driving exhibition means any exhibition of reckless driving as defined in Section 545.401 of the Texas Transportation Code, as amended. Spectator means any person who is present at a street race, reckless driving exhibition or the site of the preparations for either of these events, when such a person attends for the purpose of viewing, observing, watching, betting, gambling, recording, transmitting, or witnessing the event as it progresses. Ordinance No. 1468-23, Page 2 of 5 Street race means any vehicle race, speed contest, drag race, acceleration contest, or test of physical endurance of the operator of a motor vehicle as defined in Section 545.420 of the Texas Transportation Code, as amended. Sec. 58-152. - Spectators prohibited at street races and reckless driving exhibitions. (a) In general. It shall be unlawful for any person to be present as a spectator: (1) At a street race conducted on a public street or highway; (2) At a reckless driving exhibition conducted on a public street, highway, or off-street parking facility; (3) Where preparations are being made for a street race conducted on a public street or highway; or (4) Where preparations are being made for a reckless driving exhibition conducted on a public street, highway, or in an off-street parking facility. (b) Exemption. Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties, or media or news personnel who are reporting on the event, from being spectators at a street race or reckless driving exhibition or spectators at the location of preparations for either of these activities. Additionally, nothing in this section shall prohibit spectators from attending properly sanctioned, licensed, or legally authorized racing events conducted pursuant to city or state regulations. Sec. 58-153 - Aiding street racing and reckless driving exhibitions. (a) In general. A person commits an offense if they knowingly: (1) Allow street racing or reckless driving exhibitions to occur on the premises that the person owns, operates or controls; or (2) Engage in preparations for street racing or reckless driving exhibitions, as defined in this article. (b) Defenses. It is a defense to prosecution that the person who owns, operates, or controls the premises: (1) Submitted a criminal trespass affidavit to law enforcement authorities complaining of street racing or reckless driving exhibitions occurring on the premises that the person owns, operates, or controls within 30 days prior to receiving a citation pursuant to this section; and Ordinance No. 1468-23, Page 3 of 5 (2) Took reasonable and appropriate measures to make the property inaccessible to the public during non-business hours. (c) Exemption. Nothing in this section shall prohibit participation in properly sanctioned, licensed, or legally authorized racing events conducted pursuant to city or state regulations. Sec. 58-154 - Penalty. (a) Any person who violates any provision of this article is guilty of an offense. (b) An offense under this article is punishable by a criminal fine of not more than $500. Secs. 58-155 --- 58-165. — Reserved." 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. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the Richland Hills Code, as amended or revised 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. SEVERABILITY CLAUSE 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. Ordinance No. 1468-23, Page 4 of 5 SECTION 6. PENALTY CLAUSE Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as provided in Section 58-154 in the Code of Ordinances, City of Richland Hills, Texas. Each day any such violation or violations exist shall constitute a separate offense and shall be punishable as such. SECTION 5. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish this Ordinance to the extent required by law. SECTION 7. 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. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on February 27, 2023, by a vote of ayes, nays, and abstentions. APPROVED: 0 \\��,11111111111111!!rI// // THE HONORABLE MAYOR EDWARD LOPEZ ,Q�•.Q.... tP ''% ATTEST: •t "-: ref' • rr LINDSAY NSON, CITY SECRETARY ",il,niut:" '\\\ Ordinance No. 1468-23, Page 5 of 5