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HomeMy WebLinkAboutOrdinance 3645 ORDINANCE NO. 3645 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING A TEMPORARY MORATORIUM ON ALL DOOR-TO- DOOR SOLICITATION ACTIVITIES AND DISTRIBUTION OF HANDBILLS AUTHORIZED BY CHAPTER 18, ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING FOR A PENALTY; 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, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern and advised countries to prepare for the containment, including active surveillance, early detection, isolation and case management, contact tracing, and prevention of onward spread of the disease; and WHEREAS, COVID-19 spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID- 19 a worldwide pandemic; and WHEREAS, continuous spread of the disease presents an imminent threat of widespread illness or loss of life resulting from a global pandemic and other public calamity resulting therefrom, which requires emergency action; and WHEREAS, President Donald Trump declared a State of National Emergency for the United States of America on March 13, 2020; and WHEREAS, County Judge Glen Whitley issued a Declaration of Local Disaster Due to Public Health Emergency for Tarrant County for COVID-19 on March 13, 2020, which was amended and continued through April 30, 2020; and WHEREAS, the Mayor of the City of North Richland Hills issued a Declaration of Local Disaster Due to Public Health Emergency on March 13, 2020, and subsequently amended the Declaration to implement measures to help mitigate the impacts of COVID- 19 and stop its spread across the City and surrounding areas; and Ordinance No.3645 Page 1 of 4 WHEREAS, the North Richland Hills City Council approved actions to extend the Mayor's Declaration of Public Health Emergency, as amended, through April 30, 2020; and WHEREAS, Governor Greg Abbott issued a State of Disaster for all Texas counties for COVID-19 on March 13, 2020; and WHEREAS, on April 27, 2020, after determining that additional measures and guidelines are still needed to address the COVID-19 pandemic, Governor Abbott issued Executive Orders GA-18 and GA-19 (referred to herein as "Order GA-18" and "Order GA-19" respectively) to provide statewide measures to address the spread of COVID- 19 and to implement Phase I of the Open Texas strategic plan ("Open Texas Plan"); and WHEREAS, on May 4, 2020, City Council approved Ordinance No. 3644, which superseded all City of North Richland Hills Declarations of Public Health Emergency and designated a Local Disaster for Public Health Emergency due to the COVID-19 pandemic ("Ordinance No. 3644"); and WHEREAS, the City of North Richland Hills' Seventh Amended Declaration of Local Disaster, approved on April 22, 2020, included the suspension of all door-to-door solicitation activities and distribution of handbills authorized by Chapter 18, Article VII of the City's Code of Ordinances; and WHEREAS, the City Council desires to establish a temporary moratorium on all door-to-door solicitation activities and distribution of handbills to mitigate the effects and spread of COVID-19. 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: That this Ordinance hereby suspends all door-to-door solicitation activities and distribution of handbills authorized by Chapter 18, Article VII, of the Code of Ordinances of the City of North Richland Hills, Solicitors and Handbills in accordance with the CDC guidelines to minimize all in-person contact with persons not in the same household. No new permits shall be issued for door-to-door solicitation or for the distribution of handbills for the duration of the time in which Ordinance No. 3644 is in effect. Upon expiration or termination of this moratorium, all current solicitor's and handbill permits shall be extended by the time period equal to the length of the time this moratorium is in effect, except that no handbill permit shall Ordinance No.3645 Page 2 of 4 be extended for longer than thirty (30) days. Such time period for extension shall be calculated beginning April 10, 2020. SECTION 3: That this moratorium shall expire 35 days after this ordinance becomes effective, unless further action is taken by the City Council to extend the moratorium. SECTION 4: That this Ordinance hereby authorizes the use of all lawfully available enforcement tools, including but not limited to, suspension or revocation of a business or solicitor's or handbill permit, and civil or criminal penalties as set forth in the North Richland Hills Code of Ordinances, or failure to comply with Order GA-18, which is an offense punishable by a fine of up to $1,000.00 or confinement in jail for a term up to and including one hundred eighty (180) days. SECTION 5: 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 6: 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 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 7: 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 8: That this Ordinance shall be filed promptly with the City Secretary, and shall be given prompt and general publicity. Ordinance No.3645 Page 3 of 4 SECTION 9: This Ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 4th day of May, 2020. CITY OF 0-TH RIC AND HILLS x`\\ao C1-1.L `1 I� fIA AAI rat\„ . .:4/1l�- Oscar Trevino, Mayor Tip TEST: Alicia Richardson, Cifytcretaryf . �\\ APPROVED AS TO FORM ANd LEGALITY: itaMia----) aleshia B. McGinnis, City Attorney Ordinance No.3645 Page 4 of 4 Star-Telegram Arlington CitizenJournal I The Keller Citizen I La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegrem.com 1 808 Throckmorton St.I Ft Worth,Tx.76102.6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification II PO Amount Cols Depth 600579 0004652045 CITY OF NORTH RICHLAND HILLS ORDINAN9 ORDINANCE NO.3645 $90.68 1 51.00 Li Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for said County and State,this day personally appeared VICTORIA CITY OF NORTH RICHLAND HILLS RODELA,Bid and Legal Coordinator ORDINANCE NO.3645 OAN F ORDIN NCERI OF T THE CITY — for the Star-Telegram,published by OTEXAS, ESTABLISHING A TEM- the Star-Telegram, Inc.at Fort Worth, PORARY MORATORIUM ON ALL DOOR-TO-DOOR SOLICITATION [ITV OF NORTH RICHLAND HILLS in Tarrant County,Texas;and who, ACTIVITIES AND DISTRIBU- ORDINANCE NO-3645 TION OF HANDBILLS AUTHOR- AN ORDINANCE OF THE CITY after being duly sworn,did depose IZED BY CHAPTER 18,ARTICLE OF NORTH RICHLAND HILLS, VII OF THE CODE OF ORDINAN- TEXAS,ESTABLISHING A TEM- and say that the attached clipping of CES OF THE CITY OF NORTH PORARY MORATORIUM ON ALL RICHLAND HILLS; PROVIDING DOOR-TO-DOOR OOR T—DO R SSOLICITATION LICI TR IO THAT THIS ORDINANCE SHALL an advertisement was published in FOR A PENALTY; PROVIDING TION OF HANDBILLS AUTHOR- the above named paper on the listed IZED BY CHAPTER 16,ARTICLE BE CUMULATIVE OF ALL ORDI- VII OF THE CODE OF ORDINAN- 1 dates: NANCES AND REPEAL OF CON- CES OF THE CITY OF NORTH FLICTING PROVISIONS; PRO- RICHLAND HILLS; PROVIDING VIDING SAVINGS CLAUSE; FOR A PENALTY; PROVIDING PROVIDING A SEVERABILITY THAT THIS ORDINANCE SHALL CLAUSE; AND PROVIDING AN BE CUMULATIVE OF ALL ORDI- EFFECTIVE DATE. NANCES AND REPEAL OF CON- That this Ordinance hereby au- FLICTING PROVISIONS; PRO- 2 Insert sion thorizes the use of all lawfully - ' VIDING SAVINGS CLAUSE; ) available enforcement tools, in- PROVIDING A SEVERABILITY cluding but not limited to,sus- I CLAUSE; AND PROVIDING AN Published On: pension or revocation of a busi- EFFECTIVE DAIS. ness or solicitor's or handbill That this Ordinance hereby au- May 21,2020,May22,2020 permit,and civil or criminal pen- ' thorizes the use of all lawfully Y alties as set forth in the North • , available enforcement tools, in- cluding but not limited to,sus- Richland Hills Code of Ordinan- ces, pension or revocation of a busy or failure to comply with ness or solinior's or_handbill Orer GA-18, which is an of- permit,and civil or criminal pen- fense punishable by a fine of up aides as set forth in the North to $1,000.00 or confinement in I Richland Hills Code of Ordinan- jail for a term up to and - ces, or failure ta-comply with ing one hundred eighty (180) , Order GA-18, which is an of- ' days. fense punishable by a fine of up PASSED AND APPROVED on to $1,000.00 or confinement in this 4th day of May,2020. jail fora term up to, d ud- CITY OF NORTH RICHLAND in9 one hundred eightyan incl(160) HILLS days. By:/s/Oscar Trevino ' PASSEDi day off My,APPROVED02 . on Mayor CITY OF NORTH RICHLAND ATTEST: HILLS /s/Alicia Richardson,City Secre- - By:/s/Oscar Trevino tart' Mayor APPROVED AS TO FORM AND ATTEST: LEGALITY: /s/Alicia Richardson,City Secre- , /s/Maleshia B.McGinnis_ tart, Eo AS TO FORM AND (Pdncipal Clerk) City Attorney LEGALITY: /s/Maleshia B.McGinnis__ city Attorney SUBSCRIBED AND SWORN TO BEFORE ME,THIS 22nd day of May year of2020 Notary Public-J0'.P4B pp pp . ':, AHBARLILARRTUA c - 'p • • I Ili-7 *' My Notary ID#132031291 % c* Expires May 30,2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!