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HomeMy Public PortalAboutOrdinance No. 1493-24 03-11-2024 ORDINANCE NO. 1493-24 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING ARTICLE IV "STOPPING, STANDING, AND PARKING", SECTION 82-313 "DRIVING AND/OR PARKING ON SIDEWALKS AND CURBS PROHIBITED; OWNER AND/OR DRIVER LIABLE FOR DAMAGE TO STREETS, SIDEWALKS AND CURBS; OWNER PRIMA FACIE THE OPERATOR" AND REPEALING ARTICLE VII OF CHAPTER 34 IN ORDER TO UPDATE PROVISIONS PERTAINING TO PARKING, STOPPING, OR STANDING VEHICLES ON PUBLIC AND PRIVATE STREETS AND OTHER PLACES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE: 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 Texas Transportation Code authorizes local authorities to reasonably regulate the stopping, standing, or parking of a vehicle with respect to a highway under its jurisdiction; and WHEREAS, the City has previously adopted ordinance provisions regulating parking on public and private streets within the City; and WHEREAS, the City finds that parking regulations in addition to those provided in the Texas Transportation Code are necessary for the public safety of its citizens; and WHEREAS, in an effort to maintain current and clear regulations regarding parking on public streets, the City Council now desires to update the City's ordinance provisions contained in Article IV of Chapter 82 of the Richland Hills Code; 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. Article IV "Stopping, Standing, Parking" of Chapter 82 "Traffic and Vehicles" is hereby amended in its entirety to read as follows: "Article IV Stopping, Standing, Parking Division 1 Public Streets Sec. 82-211. — Definitions. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bicycle lane means a portion of a roadway that has been designated by pavement markings (and / or signage) for preferential or exclusive use by bicyclists. Commercial equipment means any self-propelled or towable device that is used for profit which carries personal property or moves dirt, sand or gravel or compacts dirt, sand or gravel, and shall include trailers of any shape or design (except recreational vehicles and trailers which are primarily used for recreational purposes). Median means the area between opposing lanes of traffic, excluding turn lanes, and can be defined by pavement markings, raised medians, or islands to separate motorized and non-motorized road users. Motorcycle means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground. Motor vehicle means a self-propelled vehicle but does not include an electric bicycle or an electric personal assistive mobility device. Oversized commercial motor vehicle means any vehicle designated below: i) Tow trucks, dump trucks, truck-tractors, concrete mixing trucks, stake-bed trucks, buses, trailers; or ii) Vehicles which are more than: (1) Twenty (20) feet in length from end to end; or (2) Seven (7) feet in width at their widest point, or (3) More than seven (7) feet in height at their highest point. iii) Exclusions: The term oversize commercial motor vehicle shall exclude: (1) a recreational vehicle; or (2) a vehicle owned by a public or franchise utility that is located at the residence of an employee of said utility provided the employee is "on call" Ordinance No. 1493-24, Page 2 of 15 for emergency response outside normal business hours of 7:30 a.m. to 5:30 p.m. Passenger car means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate ten (10) or fewer passengers, including the operator. Public infrastructure means the system of public works of the city including but not limited to roads; bridges; water, wastewater and stormwater systems and public utility systems (electric, gas and communications). Residential district means any area in which residential living is permitted under the comprehensive zoning ordinance. Roadway means the portion of a street that is improved, designated for, or ordinarily used for vehicular travel. Right of way means the strip of land, dedicated to or owned by the State of Texas, any political subdivision of the State of Texas, or any public authority having jurisdiction, that contains or will contain a street, sidewalk, parkway, median, and/or other public facilities. Recreational vehicle means a vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or towable as defined in Texas Transportation Code Chapter 541; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sidewalk means a paved path, often alongside a roadway, used for pedestrian travel. Stop, stand, or park means a vehicle being stationary at, or nearly at, the same location, irrespective if the vehicle is running or attended, and any calculation of time listed in this article shall be the cumulative of a vehicle being stopping, standing, or parking. Street means any road, street, parkway, boulevard or way, inclusive of its right-of-way, under the jurisdiction of the City of Richland Hills and open to public travel. Trailer means a vehicle without motive power designed to be pulled by a motor vehicle and to transport persons or property. Vehicle means a device that can be used to transport or pull persons or property on a street. Sec. 82-212 Stopping, Standing, or Parking Prohibited in Certain Places a) Maximum Parking Time; Non-Residential Districts. An operator may not stop, stand, or park any vehicle that is on a public street for a continuous period of time longer than 24 hours. Ordinance No. 1493-24, Page 3 of 15 b) Maximum Parking Time; Residential districts. 1) An operator may not stop, stand, or park on a public street or other public right-of- way in a residential district any vehicle, other than a passenger car, motorcycle, or recreational vehicle, on a public street or other public right-of-way in a residential district overnight (from 9 p.m. to 6 a.m.). 2) An operator may not stop, stand, or park any recreational vehicle on a public street or on other public right-of-way in a residential district for a continuous period of time longer than 48 hours. c) Alleys. An operator may not stop, stand, or park in any dedicated public alley any motor vehicle or trailer, unless it is for the purpose of expeditiously loading or unloading goods or materials from or to property adjacent to an alley, in which case the motor vehicle or trailer may be stood, stopped, or parked for a time period not to exceed thirty minutes. d) Parking for certain purposes prohibited. An operator may not stop, stand, or park on any public street, playground, park, athletic field, or public-school property any vehicle, boat, trailer, or any other type of vehicle for the purpose of displaying such vehicle for sale, repairing such vehicle (except repairs necessitated by an emergency), or selling or exhibiting property of any nature. e) Vehicles with expired license plate or registration. An operator may not stop, stand, or park on a public street or alley a vehicle when the vehicle does not have lawfully affixed thereto a valid license plate(s) or registration windshield sticker for the current registration period. f) State law. An operator may not stop, stand, or park in any manner prohibited by Chapter 545 of the Texas Transportation Code. Sec. 82-213 Parking of Commercial Motor Vehicles and Commercial Equipment a) Parking on public property. No person shall park or store any oversized commercial motor vehicle or commercial equipment upon any public property located in any zoning district, including but not limited to public streets, alleys, rights-of-way, sidewalks, parkways or other public property, except in designated parking spaces or designated loading zones, unless the oversized commercial vehicle or commercial equipment is: 1) Parked in a dedicated public alley for less than thirty minutes for the purpose of expeditiously loading or unloading goods or materials; or 2) Parked in a district zoned for residential use between the hours of 7:30 a.m. and 5:30 p.m. for the purpose of providing a service to an adjacent residential property. Ordinance No. 1493-24, Page 4 of 15 b) Defense. It shall be a defense to prosecution under this section if the oversized commercial motor vehicle or commercial equipment is: 1) utilized in providing an urgent service to a business or residence which cannot be performed during the hours of 7:30 a.m. to 5:30 p.m.; or 2) utilized by the City (or its contractor) or by a public or franchise utility (or its contractor) in constructing, maintaining, or repairing public infrastructure; or 3) the vehicle is disabled or inoperable, and i) the vehicle does not impede traffic, and ii) a towing service has been contacted to remove the vehicle from the right of way. c) Disabled or Inoperable Vehicles. In no case may a disabled or inoperable oversized commercial vehicle remain stopped, parked, or standing for more than four (4) hours. Sec. 82-214 Parking on TxDOT Streets, Roads. a) No Stopping, Standing, or Parking. A person shall not stop, stand, or park a vehicle in the right of way of a road owned or under the jurisdiction of the Texas Department of Transportation. b) Defense. It shall be a defense to prosecution under this section if: (1) the vehicle is disabled or inoperable, and (2) the vehicle does not impede traffic, and (3) a towing service has been contacted to remove the vehicle from the right of way. c) Disabled or Inoperable Vehicles. In no case may a disabled or inoperable vehicle remain stopped, parked, or standing in a right of way described by this section for more than four (4) hours. Sec. 82-215 Obstructions from Parked Vehicles. No person shall stop, stand or park a vehicle under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals of a police officer. Ordinance No. 1493-24, Page 5 of 15 Sec. 82-216 Storing Motor Vehicles on Public Streets Prohibited. It shall be unlawful for any person to store or allow the storage of a motor vehicle upon the public streets, alleys, sidewalks, or parkways of the city. For purposes of this section, a vehicle shall be considered stored if it has remained parked at, or nearly at, the same location for a continuous period of time in excess of five (5) days. Sec. 82-217 Unauthorized Parking on Certain Public Property Prohibited. a) Unauthorized Parking Prohibited. Except as provided in subsection (b), it shall be unlawful for any person to park, stop, or stand a vehicle, whether occupied or unoccupied: 1) In a manner which blocks a public driveway; 2) Overnight (from 12 a.m. to 5 a.m.) on any public parking lot upon which is located signage designating the parking lot for the use of the public conducting business at a City facility; or 3) On a public parking lot upon which is located signage designating the parking lot for city employees and/or city officials. b) Exception. It is an exception to subsection (a) if a person parks, stops, or stands a vehicle: 1) temporarily for the purpose of, and while actually conducting the activity of, loading or unloading passengers from such vehicle, or 2) pursuant to authorized from the City Manager, or his designee. Sec. 82-218 Parking Near Emergency Vehicle. a) A person shall not stop, stand, or park a vehicle (1) in a manner which interferes with the arrival, operation, or departure of any emergency vehicle actively responding to an emergency; or (2) in a manner prohibited by Texas Transportation Code Chapter 545 or other applicable state law. b) Any vehicle found in violation of this section may be immediately moved or towed. Ordinance No. 1493-24, Page 6 of 15 Sec. 82-219 Parking on Medians Prohibited A person shall not stop, stand, or park a vehicle in or upon the strip of land between the lanes of opposing traffic on a divided street. Sec. 82-220 Passenger Loading Zones a) It shall be unlawful for the driver of a vehicle to stop, stand or park longer than five (5) minutes in any place marked as a passenger loading zone, and then only for the expeditious loading or unloading of persons. b) It shall be unlawful at any time to leave an unattended vehicle in any place marked as a passenger loading zone. Sec. 82-221 Determination of curb loading zones. The city council is hereby authorized to determine the location of freight curb loading zones and shall direct the chief of police to place and maintain appropriate signs indicating the location of such freight curb loading zones. These zones shall be operative from 7:00 a.m. to 6:30 p.m., except on Sundays and legal holidays. Sec. 82-222 Citation; Towing; Evidence. a) The chief of police or any member of the police department designated by the chief of police is hereby authorized to issue parking citations to any person who has violated any portion of this article. b) The chief of police or his designee may effectuate the towing or removal of the vehicle of an individual cited under this article at the expense of the owner of said vehicle and, if towed, may have the vehicle impounded and detained until all towing and storage charges are paid by the owner under the following procedure: 1) Notice. Notice shall be given to such owner by one or more of the following methods at least 48 hours prior to the time such removal is required: i) A sticker or flyer affixed to the automobile; or ii) Personal notice delivered to the owner. 2) If a vehicle remains after the 48-hour period such vehicle may be ordered by the city manager, the chief of police, or a designee thereof, to be removed and stored at the expense of the owner. c) In a prosecution for an offense under this article or under applicable state law involving the stopping, standing, or parking of an motor vehicle it is presumed that the registered Ordinance No. 1493-24, Page 7 of 15 owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. Sec. 82-223 Parking in Bicycle Lanes. a) It shall be unlawful for the driver of any vehicle or trailer to stop, stand or park in any bicycle lane designated with signage which reads "No Parking Bicycle Lane" or signage of the same meaning approved by the Manual of Uniform Traffic Devices. b) Exception. It is an exception to prosecution under subsection (a) if a person stops or stands a vehicle or trailer in a bicycle lane: (1) momentarily while in the process of safely executing a turning movement onto a street or driveway: or (2) when directed to do so by a police officer; or (3) when the vehicle or trailer is being utilized by the City (or its contractor) or by a public or franchise utility (or its contractor) to construct, maintain or repair public infrastructure. Sec. 82-224 Authorized Emergency Vehicles Exempt In operating an authorized emergency vehicle, the operator may park or stand the vehicle, irrespective of another provision of this article Secs. 82-225 through 82-235. — Reserved. DIVISION 2 PRIVATE PROPERTY Sec. 82-236 Stopping, Standing, or Parking Prohibited in Certain Places. (a) Parking prohibited in certain places. An operator may not park, stand, or store any vehicle in the front yard, rear yard, or side yard unless the vehicle is parked on hard paved surface of concrete or asphalt not less than nine (9) feet by eighteen (18) feet, or at least of sufficient size to accommodate the horizontal area projected by the extreme limits of the vehicle. A vehicle may be parked or stored on an unpaved surface in the side yard or rear yard provided it is screened from public view by a solid fence that is not less than six (6) feet tall. Items parked or stored in or on a side yard shall maintain a minimum three-foot clearance to the property lines. No more than two vehicles shall at any one time be parked in the rear yard of a residential lot of less than one-half acre, and no more than three vehicles shall be parked in the rear yard of a residential lot of one-half acre or more in size. On residential lots greater than one acre in size, farm implements shall be exempted from the requirements of this subsection and shall not count as vehicles in calculating the maximum number allowed. Notwithstanding the foregoing, vehicles Ordinance No. 1493-24, Page 8 of 15 which are parked in an enclosed garage or carport shall not count as vehicles in calculating the maximum number allowed, and shall be permitted in unlimited numbers. (b) Parking space requirements. All parking spaces constructed for the purposes of abating this nuisance shall be constructed with a driveway adjoining an existing on-site driveway or with a driveway and approach adjoining a public right-of-way. All screening fences constructed for the purpose of abating this nuisance shall comply with setbacks contained in the Richland Hills Code. (c) Exemptions. Properties that do not have an existing concrete or asphalt driveway as of the effective date of this ordinance shall be exempt from this requirement. In the event that a concrete or asphalt driveway is constructed after the effective date of this ordinance, the provisions of this section shall apply. Sec. 82-237 Parking for certain purposes prohibited. (a) Parking prohibited. An operator may not stop, stand, park any automobile, boat, trailer, or any other type of vehicle upon any private property, including parking lots or driveways of residential or commercial lots with any type of sign or writing upon the vehicle which offers the vehicle for sale. The owner or person entitled to possession of any real property commits an offense by allowing the parking of a vehicle on the property that violates this section. (b) Defense. It is a defense to prosecution under this section if the vehicle is offered for sale upon real property on which a certificate of occupancy has been issued for automobile sales, or if the vehicle is offered for sale on private residential property and no more than two vehicles have been offered for sale upon that property within any one calendar year. Sec. 82-238 Parking of Oversized Commercial Vehicles Prohibited. d) Parking Prohibited in Residential Areas. No person shall park or store any oversized commercial vehicle or commercial equipment upon any private property located in a district zoned for residential use including any portion of a front yard, driveway, side yard, or rear yard unless the oversized commercial vehicle or commercial equipment is: 1) Parked in a district zoned for residential use between the hours of 7:30 a.m. and 5:30 p.m. for the purpose of providing a service to an adjacent residential property, or 2) Parked or stored in an enclosed building constructed in compliance with all other codes and ordinances of the City. e) Defense. It shall be a defense to prosecution under this section if the oversized commercial motor vehicle or commercial equipment is: Ordinance No. 1493-24, Page 9 of 15 1) utilized in providing an urgent service to a business or residence which cannot be performed during the hours of 7:30 a.m. to 5:30 p.m.; or 2) utilized by the City (or its contractor) or by a public or franchise utility (or its contractor) in constructing, maintaining, or repairing public infrastructure. Sec. 82-239 through Sec. 82-250 — Reserved. DIVISION 3 PARKING FOR THE DISABLED Sec. 82-251 Authority to designate spaces; posting of signs; dimensions. The building official of the city is hereby authorized to designate specific parking stalls, spaces or areas upon public property as disabled parking spaces. Upon the request of the owner or operator of any existing off-street parking facility, the building official of the city is authorized to approve stalls, spaces or parking areas in an off-street parking facility as handicapped parking spaces. The building official, in the approval process for off-street parking facilities, is authorized to designate stalls, spaces or parking areas in an off-street parking facility as disabled parking spaces. Disabled parking spaces are for the exclusive use of vehicles which display a distinguishing license plate, specially designated symbols, tags or other devices issued pursuant to Texas Transportation Code §§ 502.253-502.255 to disabled persons and veterans. Such stalls or spaces shall be designated by posting, at the businesses' expense, signs which comply with the requirements of the said statute. The dimensions of all parking spaces so designated shall comply with state commission of licensing and regulation guidelines. Sec. 82-252 Use of spaces by unauthorized vehicles; towing. A vehicle or vehicles not displaying the proper state issued handicapped designation may, at the discretion of any peace officer, be towed, or otherwise removed, from a properly designated handicapped parking space at the expense of the owner of said vehicle and, if towed, may be impounded and detained until all towing and storing charges are paid. Sec. 82-253 Use of designated disabled parking spaces by unauthorized vehicles unlawful; parking citations. (a) Generally. A vehicle or vehicles not displaying the proper state issued disability designation which is stopped, standing, parked or left in any parking space properly designated for the exclusive use of persons with disabilities within the city may, at the discretion of any peace officer or other authorized parking enforcement agent, be issued a parking citation. Authorized parking enforcement agents shall include any city police officer or employee or city volunteer designated by the chief of police or the city manager to enforce the provisions of this section. Ordinance No. 1493-24, Page 10 of 15 (b) 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 section: (1) Except as provided by this subsection (b), an offense under this division is a misdemeanor punishable by a fine of not less than $250.00 or more than $500.00. (2) If it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by a fine of not less than $300.00 or more than $600.00. (3) If it is shown on the trial of an offense under this section that the person has been previously convicted two times of an offense under this section, the offense is punishable by: a. A fine of not less than $300.00 or more than $600.00; and b. Not less than ten or more than 20 hours of community service. (4) If it is shown on the trial of an offense under this section that the person has been previously convicted three times of an offense under this section, the offense is punishable by: a. A fine not less than $500.00 or more than $1,000.00; and b. Not less than 20 or more than 50 hours community service. (5) If it is shown on the trial of an offense under this section that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of$1,000.00 and 50 hours of community service. Secs. 82-254 through Sec. 82-260 - Reserved. Division 4 Specific Streets § 82-261. Parking prohibited on certain streets. Parking is prohibited on the following enumerated streets: (1) Ash Park. It shall be unlawful for any person to park along the west curbline and the east curbline on Ash Park Drive between Latham Drive and Baker Boulevard as designated by the sign posted on Ash Park Drive. (2) Baker Boulevard (and/or SH 183): a. It shall be unlawful for any person to stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled portion of Baker Boulevard (and/or State Highway 183) within the city limits. This subsection shall not apply to the driver of any vehicle which is disabled while on the paved or main traveled portion of such Baker Boulevard (and/or State Highway 183) in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. Ordinance No. 1493-24, Page 11 of 15 b. It shall be unlawful for any person to park or leave standing any vehicle on Baker Boulevard. All disabled vehicles shall be moved to the curbline and removed. (3) Booth Calloway. No person shall stop, stand or park a vehicle on Booth Calloway. (4) Glenview Drive. No person shall stop, stand or park a vehicle on either side of Glenview Drive. (5) Rena Drive. It shall be unlawful for any person to park or leave any vehicle, object or article on Rena Drive between Diana Drive and Rufe Snow Drive in the city. (6) State Highway 121 Access Road (North Midway Road). It shall hereafter be unlawful for any person to park a vehicle or leave a vehicle on State Highway 121 Access Road (North Midway Road). (7) Willman Avenue. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or direction of a police officer or traffic control device on either side of Willman Avenue. (8) Handley Ederville Rd. No person shall stop, stand or park a vehicle on Handley Ederville Rd. (9) Rufe Snow Dr. No person shall stop, stand or park a vehicle on Rufe Snow Dr. between Baker BLVD and Park Place Dr. (10) Matthews Dr. No person shall stop, stand or park a vehicle on Matthews Dr. between Baker BLVD and Park Place Dr. Secs. 82-262 through Sec. 82-280 - Reserved." SECTION 2. Section 82-313 "Driving and/or parking on sidewalks and curbs prohibited; owner and/or driver liable for damage to streets, sidewalks and curbs; owner prima facie the operator" of Chapter 82 "Traffic and Vehicles" is hereby amended in its entirety to read as follows: "§82-313 Driving and/or parking on sidewalks and curbs prohibited; owner and/or driver liable for damage to streets, sidewalks and curbs; owner prima facie the operator. (a) No person shall drive, operate or park a motor vehicle upon or over a sidewalk within the corporate limits of the city. Ordinance No. 1493-24, Page 12 of 15 (b) No person shall drive, operate or park a motor vehicle upon, across or over a curb in any public street within the corporate limits of the city. (c) No person shall turn or maneuver any vehicle upon any street, sidewalk or curb within the corporate limits of the city in such a way as to cause damage to the surface or structure of such street, sidewalk or curb. (d) No person shall park or leave unattended a bicycle upon a street or sidewalk as to obstruct traffic or pedestrian movement. (e) The owner of a motor vehicle used in driving, operating, or parking upon or over a street, sidewalk or curb in violation of this section is presumed to be the driver or operator of the motor vehicle so driven, operated or parked in violation of this section. The presumption shall be rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code § 2.05. (f) Any person causing damage to any street, sidewalk or curb shall, in addition to such criminal penalty specified in this section, be liable in a civil suit or proceeding for all damages, attorneys fees and costs which the city shall incur or sustain as a result of such damage and the recovery thereof." SECTION 3. Article VII of Chapter 34 "Environment" is hereby repealed in int entirety and shall be marked as reserved as follows: "Article VII Reserved. Secs. 34-291 through Sec. 34-299 - Reserved." Ordinance No. 1493-24, Page 13 of 15 SECTION 4. ORDINANCE 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. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS 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 parking 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. SECTION 6. 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 7. 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 ($500.00) for each offense unless an offense herein details a different specific fine amount. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance may be subjected to such civil penalties as authorized by law. Ordinance No. 1493-24, Page 14 of 15 SECTION 8. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper as/if required by law. SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on March 11, 2024, by a vote of 7 ayes, ' nays, and 0, abstentions. APPROVED: ,-,- ,.-7 . ., ...,„ THE H ORA$LE MAYOR EDV\RD LOPEZ / ,,/ ATTEST: DSAY R SON, CITY SECRETARY ` 0,116,tttll1t/1/,,,\\\�\��13 H ,4.y//i 0 :.-, a:, . ,.4 :Cora :"..-:- /////���l�llllltl•111•��\,\\\\ Ordinance No. 1493-24, Page 15 of 15