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Home My Public Portal AboutOrdinance No. 1478-23 08-14-2023 ORDINANCE NO. 1478-23 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING SECTION 91-100, "SCREENING AND FENCING," OF ARTICLE I, "SCREENING AND FENCING ORDINANCE," OF CHAPTER 91, "SUPPLEMENTAL DEVELOPMENT REGULTIONS," OF THE RICHLAND HILLS CITY CODE BY PROVIDING ADDITIONAL GUIDELINES FOR FENCING IN AREAS ADJACENT TO CITY DESIGNATED PARKS AND CITY FACILITIES BY REQUIRING MINIMUM AND MAXIMUM ALLOWABLE HEIGHT, REQUIRING SPECIFIC MATERIALS BE USED, SPECIFYING SIGHT VISIBILITY, AND DESIGNATION RESPONSIBILITY OF MAINTAINING TRAIL FENCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 the current ordinance regulating screening and fencing should be amended, clarified, and strengthened; and WHEREAS, the City Council finds that strengthened regulations addressing screening and fencing to be in the best interest of the health, safety and welfare of the citizens of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: SECTION 1. Section 91-100, "Screening and Fencing," of Article I, "Screening and Fencing Ordinance," of Chapter 91, "Supplemental Development Regulations," of the Richland Hills City Code is amended to read as follows: "Sec. 91-100. — Screening and fencing. (g) Fencing in areas adjacent to city designated parks and city facilities. (1) Height. Any fence or wall located adjacent to a city designated park or city facility shall be a minimum of six feet (6') high and not exceed eight feet (8') in height. (2) Materials. Any fence or wall located adjacent or parallel to a city designated park or city facility shall be constructed of wrought iron, cedar wood, or treated pine. If the fence or wall is located next to a nonresidential or multiple-family property, the fence must comply with the regulations in subsection (e). (3) Sight visibility. Sight visibility shall be followed in accordance with the terms described in subsection (f)(7). (4) Trail fences. Properties with a fence located off of a trail shall be the responsibility of the property owner to maintain. (h) Waiver. The city manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or carry out the recommendations of the comprehensive plan." SECTION 2. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances and of the Richland Hills City Code, 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. 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. SECTION 4. SAVINGS CLAUSE 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 screening and fencing regulations that 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 Ordinance No. 1478-23, Page 2 of 3 Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PENALTY CLAUSE 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. 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 August 14, 2023, by a vote of , ayes, nays, and 1 abstentions. APPROVED: T E HONO ABLE MAYOR ED; ARD PEZ cr..*''` .� t!' ATTEST: 44. _ p; � e I DSAY R I SO , CITY ECRETARY ''%/,, " � \\\``� Ordinance No. 1478-23, Page 3 of 3 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 19462 477750 Print Legal Ad-IPL01434060 - IPL0143406 $248.20 1 159 L Copy of ad content is on the next page accountspayable@richlandhills.com Lindsay WellsAttention: CITY OF RICHLAND HILLS 3200 DIANA DR FORT WORTH, TX 761186237 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Stefani Beard, 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: 1 insertion(s) published on: 10/12/23 Sworn to and subscribed before me this 12th day of October in the year of 2023 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! CITY OF RICHLAND HILLS ORDINANCE NO. 1478-23 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING SECTION 91-100, "SCREENING AND FENCING," OF ARTICLE I, "SCREEN- ING AND FENCING ORDINANCE," OF CHAPTER 91, "SUPPLEMENTAL DEVELOPMENT REGULATIONS," OF THE RICHLAND HILLS CITY CODE BY PROVIDING ADDITIONAL GUIDELINES FOR FENCING IN AREAS ADJACENT TO CITY DESIGNATED PARKS AND CITY FACILITIES BY REQUIRING MINIMUM AND MAXIMUM ALLOW- ABLE HEIGHT, REQUIRING SPECIFIC MATERIALS BE USED, SPECIFYING SIGHT VISIBILITY, AND DESIGNATION RESPONSIBILITY OF MAINTAINING TRAIL FENCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLA- TIONS; PROVIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 5. PENALTY CLAUSE Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provi- sions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to ex- ist shall constitute a separate offense. In addition, any person, firm or corpo- ration who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance may be subjected to such civil penalties as authorized by law. SECTION 6. PUBLICATION CLAUSE The City Secretary of the City of Rich- land 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 reg- ular meeting of the Richland Hills City Council on August 14, 2023, by a vote of 6 ayes, 0 nays, and 0 abstentions. ORDINANCE NO. 1479-23 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, ARTICLE IV, "SOLICITORS, CANVASS- ERS AND HANDBILL DISTRIBUTION," OF CHAPTER 18, "BUSINESSES,"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 5. PENALTY CLAUSE Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provi- sions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to ex- ist shall constitute a separate offense. In addition, any person, firm or corpo- ration who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance may be subjected to such civil penalties as authorized by law. SECTION 6. PUBLICATION CLAUSE The City Secretary of the City of Rich- land 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