HomeMy WebLinkAboutOrdinance 3623 ORDINANCE NO. 3623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, REPEALING CHAPTER 54, ARTICLE X,
PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT, OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, upon the convening of the 86th Legislature, House Bill 1631 was passed
and placed into effect June 1, 2019 repealing Chapter 707 of the
Transportation Code, which authorized the use of Photographic Traffic
Signal Enforcement; and
WHEREAS, House Bill 1631 stipulated not withstanding any other law a local authority
may not implement or operate a photographic traffic signal enforcement
system and a local authority may not issue a civil or criminal charge or
citation for an offense or violation based on a recorded image produced by
a photographic traffic signal enforcement system;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: Chapter 54, Article X, Photographic Traffic Signal Enforcement, of the
North Richland Hills Code of Ordinances is hereby repealed in its entirety.
SECTION 3: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 4: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
Ordinance No.3623
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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: 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 6: This Ordinance shall be effective as of 1, June, 2019.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 9th day of December, 2019.
CITY OF N RIC D S
By:
Oscar reviri � ay or
or
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ATTEST: M••'° 0 -,
Alicia 11C,Richar)dsor a ity Secreta
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APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPR -LD AS TO C i TNT:
J'.m Per e, Director of Public Safety
Ordinance No.3623
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