Loading...
HomeMy WebLinkAboutOrdinance 3044ORDINANCE NO. 3044 AN ORDINANCE AMENDING SECTIONS 34-33 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE GENERAL NOISE NUISANCE DESCRIPTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the amendment to the nuisance provision concerning noise herein made are in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That subsection 34-33 (23) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34-33. Specific nuisances. Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: (23) Allowing any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers, and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, including but not limited to all activities that create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m. to 10:00 p.m. and 55 A scale decibels daily from 10:00 p.m. to 7:00 a.m. Exceptions: Noise generated by City approved events and noise generated on property owned by the City is not subject to this provision. Noise produced by gas drilling and production shall be regulated by Chapter 104 of this Code and shall not be subject to this provision." SECTION 2. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section 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 Ordinance No. 3044 Page 1 of 2 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 3. 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 Section 1 of this ordinance shall be fined not more than Five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities 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 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. SECTION 6. 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. PASSED AND APPROVED on this 13th day of April, 2009 CITY O TH HLAND HILLS By: Oscar T vino, Mayor ATTEST: ~a Patricia Hutson, City Secretary AP AS TO FORM AND LEGALITY: George A. St ples, City Attorney APPROVED AS TO CONTENT: /~~~ ut, Neighborhood Services Director Ordin No. 3044 Page 2 0 2 INVOICE Preview Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 304170821 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/21/2009 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 4/30/2009 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 30417082 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn STACEY HARRISON Publication Dates: 4/20/2009 - 4/21/2009 Desc!ption Location Col Depth Linage MU Rate Amount CITY OF RICHLAND O ILLS I Legal Notices CITY OF N ORDINANCE NO. i80 1 55 55 LINE $0.36 $39.60 3044 viding a penalty for An ordinance amend- violations; providing ing Sections 34 -33 of a savings clause; Sales Disco the Code of Ordi providing for publi ($5.00) nances of the City of cation in the official North Richland Hills, newspaper; and Texas; amending the providing an effec- general noise nui- five date. Misc Fee $5.00 sance description; tion; Penalty. Any person, providing a sever- firm or corporation, ability clause; pro- who violates, dis- obeys, omits, ne- glects or refuses to comply with or who resists the enforce- r ment of any of the Net Amount $39.60 provisions of Section 1 of this' ordinance shall be fined not more than Five hundred dollars (5500.00). Each day that a violation is permitted to exist shall constitute a separate offense. Passed and Approved on this 13th day of April, 2009. . 0. Trevino Oscar Trevino - Mayor ATTEST: /s /Patricia Hutson Patricia Hutson - City Secretary THE STATE OF TEXAS APPROVED AS TO FORM AND LEGAL - County of Tarrant ITV: /s /George Staples George Staples - City Before me, a Notary Public in and. Attorney Tate, this day personally appeared Deborah Baylor Norwood, 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 publish ' the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 NNHI te�r�iro, /i Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, April 7, 2009. � p Notary Public �,. w Thank You For Your Payment --------------------------------------------- Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 304170821 Invoice Amount: $39.60 PO Number: Amount Enclosed: