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HomeMy WebLinkAboutOrdinance 2748 ORDINANCE NO. 2748 2 8 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 16 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING A NEW SECTION 16-69 PROHIBITING THE STANDING, STORAGE OR PARKING OF TRUCK TRACTORS, TRAILERS, AND TRACTOR TRAILER RIGS ON ANY PUBLIC OR PRIVATE PROPERTY IN THE CITY; PROVIDING EXCEPTIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION. 4 6 10 WHEREAS, the indiscriminate parking of truck tractors, trailers and tractor trailer rigs on 12 public and private property throughout the City creates visibility restrictions to traffic, is unaesthetic and tends to reduce property values; NOW, 14 THEREFORE, 16 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: 18 Section 1: THAT ARTICLE V of Chapter 16 of the North Richland Hills Code of Ordinances be amended by adding a new Section 16-69 which shall read as follows: 20 22 "16-69. Truck, Truck Tractors, Trailer Parking Prohibited. 24 (a) It is prohibited for the owner or operator of any truck tractor, truck trailer or truck 26 tractor trailer rig to stand, park or store or permit the standing, parking or storing of any truck tractor, truck trailer or truck tractor trailer rig on any public street, public right of way, median, 28 parkway, athletic field, or other public property within the city other than for a bona fide pickup or delivery to premises on such property. 30 (b) It is prohibited for the owner or operator of any truck tractor, truck trailer or truck 32 tractor trailer rig to stand, park or store or permit the standing, parking or storing of any truck tractor, truck trailer or truck tractor trailer rig on any parking lot, playground, vacant lot, public 34 or private school, church premises or residential property in the City other than for a bona fide pickup or delivery on such property or in conjunction with a legally permitted business lawfully 36 conducted on such property. 38 (c) The existence of any unattended truck tractor, truck trailer, or truck tractor trailer rig on any parking lot, playground, athletic field, vacant lot, public or private school, church premises 40 or residential property in the City shall be prima facie evidence of a violation ofthis Section and the burden of proof of the existence of an exception shall be on the person charged with 42 a violation. 44 (d) Violations of Subsection (a) or (b) hereof shall constitute a misdemeanor. Each day a violation shall continue shall constitute a separate offense punishable hereunder. Ordinance No. 2748 Page 1 of3 (e) Vehicles found in violation of Subsection (a) hereof may be moved and stored at the 2 expense of the owner of such vehicles by the City or its agents. Such vehicles may be released only upon payment of all outstanding charges for such removal and storage plus an 4 administrative fee of$lOO.OO. Notice of removal and storage and charges shall be mailed to all registered owners and lienholders of such vehicles. 6 (f) Any person contending that a vehicle has been wrongly removed shall have a right to 8 a hearing before the municipal judge upon written notice of appeal filed with the municipal court stating the applicable exception and requesting a hearing, if such notice is received by the 10 court within five (5) days after the vehicle is removed. The burden of proof of an exception shall be on the appellant. Ifthe court finds that the exception stated by the appellant applies, 12 the towing, storage, and administrative fee shall be refunded or the vehicle released without charge. 14 Section 2: 16 18 20 Section 3: 22 24 26 28 30 Section 4: 32 34 Any person, firm or corporation violating subsection (a) ofthis ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. 36 AND IT IS SO ORDAINED. 38 Passed on the 13th day of October, 2003. 40 CITY OF NORTH RICHLAND HILLS 42 44 Ordinance No. 2748 Page 2 of3 By: (}¡g Oscar TrevIno, Mayor 2 4 6 8 10 12 14 :( ,', ~"\\~,. ~.." '!ft.' '4', ~;¡il."" .......... ~'" '$.:' l'~.·· .....'~ I :f)JS1: '\i\ ~~\ r L ~~./« . :f9áb;jdatiut~ß'ft~ City Secretary n" "Hlt'\~ APPROVED AS TO FORM AND LEGALITY: ~~~ ) ~~,y Ordinance No. 2748 Page 3 of3 INVOICE Star-Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: 23339008 Sales Rep: 073 Description: ORDINANCE NO.2 Publication Dates:LO/16/2003 -10/17/200 CIT13 233390081 10/17/2003 Net due in 21 days 10/31/2003 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- ~,.- ORDINANCE NO. 2748 An ordinanc 13580 1 54 54 LINE $6.73 $726.60 ORDINANCE NO. Sales Discount 2748 ..... A@tR T~ NO~ ~~dea~M· " ~f:mlg~ tM '! r.~6~~~ag~ .. . .¿ anö tractor on any public' vate propertY In city; providing ex- ceptions; prov!Ç!lng a penalty; providing a severability clause; =1ca~lding for ~. n, firm or n vlolatln.g 8 Ion (a\ of th.. o . shall be ~ guilty of . mæ';r~~nv~ ~Jj ;¡¡. be allowed to . ~ue shall conetl- THE STATE OF ìdön..J3P:J~~:~ County of Tarral pM .... d a .-.d . 13thP~ay of O~3; :I County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator ~~v_n~ tar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say ..: Hutson nent was published in the above named paper / internet on the listed dates: BIDS & LEGALS DEPT. STAR son - CIty \ AßD ~~GA~ s~Tf~8! City ($687.72) Net Amount: $38.88 Before me, a Not for the Star- Teleg that the attached TELEGRAM P (817) 390-7181 ~} Signed f'\ l ~ hCvw~ 'ITLøb tf ~ cj/¡JH/fA( d Thank You For Your Payment ~-,,~, - - -- - - - -- .,,-- -. - " ",~,~n""" CHRISTY I . !.If''' I ......,..., , --------------------~ : fM7cOM-;S-;O~;~------------ '1t:~" JUL. Y 31, 2004 ¡ , t ': (f ). ,\ W" 11' l. 'i It. ). U ~ . 7 ~ I Customer ID: '''--CIT13 Customer Name: CITY OF N RICHLAND HIL Invoice Number: 233390081 Invoice Amount: $38.88 PO Number: Amount Enclosed: r$ -.-....'''Y..,..·....·.. ....- L SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Oc Notary Public Remit To: Star-Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 I