HomeMy WebLinkAboutOrdinance 3843 ORDINANCE NO. 3843
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING CHAPTER 10,AMUSEMENTS AND ENTERTAINMENTS_OF
THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND
HILLS TO ADD ARTICLE I, MODIFYING AND PROVIDING
REGULATIONS FOR THE PERMITTING OF TEMPORARY COMMUNITY
EVENTS WITHIN THE CITY; AMENDING APPENDIX A, FEE SCHEDULE,
AND AMENDING THE TABLE OF PERMITTED USES; PROVIDING A
PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES AND REPEALING CONFLICTING
PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
ESTABLISHING 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, the citizens of North Richland Hills engage in outdoor events on City-owned
property and private property, including festivals, parades, and
neighborhood parties; and
WHEREAS, it is recognized that events in communities provide a venue for residents to
get to fellowship with one another and help build a strong and safe
community; and
WHEREAS, outdoor events require careful and effective planning and coordination to
provide necessary public health, safety, and welfare for attendants; and
WHEREAS, it is the intent of the City of North Richland Hills to protect visitors and residents
while providing an atmosphere and space to engage in community events
and activities which allow property and business owners the freedom to
utilize the outdoor spaces of their properties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
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: Section 18-735 of the Code of Ordinances of the City of North Richland
Hills is hereby repealed.
Ordinance No.3843
Page 1 of 11
SECTION 3: Section 118-723 of the Code of Ordinances of the City of North Richland
Hills is hereby repealed.
SECTION 4: Subparagraphs (b) and (c) of Section 118-715 of the Code of Ordinances
of the City of North Richland Hills are hereby repealed. The remaining
subparagraphs are hereby renumbered to reflect subparagraphs (a), (b),
and (c).
SECTION 5: Chapter 10, Article 1, of the Code of Ordinances of the City of North
Richland Hills is hereby amended to add the following:
ARTICLE I. COMMUNITY EVENTS
Sec. 10-1. Definitions
When specifically used in this article, the following words and terms, unless the context
indicates a different meaning, shall have the meaning assigned to them below.
Portable toilet means a freestanding, movable toilet structure equipped with a watertight
impervious container which receives waste discharged through a hopper, seat, urinal or
similar device, and into which container may be placed disinfecting or deodorizing
chemicals, and which is not designed or intended for connection to a sewer system with
a standard connection.
Public restroom means any facility that provides toilet and hand-washing facilities for the
general public.
Sec. 10-2. Garage/estate sales.
(a) Single residence garage/estate sale. In conjunction with the residential occupancy
of a one or two family dwelling, the occupants thereof may offer their personal
belongings and household effects for sale to the general public in a garage or
otherwise on the property; provided, however, that a permit is granted by the city.
No more than two sales shall be held within a calendar year, and no sale period
shall extend for more than four consecutive calendar days. The occasional sale of
a personal automobile, trailer, boat, or similar personal motor vehicle may be
allowed without a permit.
(b) Neighborhood garage/estate sale. A recognized homeowners association or
organized neighborhood group as described in this section may conduct two
neighborhood garage/estate sales per calendar year,with no sale period extending
for more than four consecutive calendar days. If no homeowners' association
exists, the applicant must show by name and signature of each homeowner on the
application, that six or more homes in a contiguous area will participate in the
Ordinance No.3843
Page 2 of 11
event. Participation in a neighborhood garage/estate sale will not affect an
individual property owner's right to their allowed single residence occasional sales.
(c) A garage/estate sale does not grant additional authority to sell food products or
prepared items that would require a food establishment permit to sell.
Garage/Estate sales shall not be misconstrued to conflict with the exemptions for
cottage food production operations authorized in the Texas Health and Safety
Code.
Sec. 10-3. Garage/estate sale requirements.
Garage/estate sales are permitted in residential-zoned districts, provided that:
(a) A permit has been applied for and issued for the garage/estate sale;
(b) Tangible personal property shall be sold only on the premises of the owner or
lessee of the premises where the sale is conducted;
(c) The sale shall be confined to the premises and the tangible personal property
displayed for sale shall not be placed within ten feet of the public right-of-way;
(d) No new merchandise, or merchandise solely acquired for the purpose of resale,
shall be sold at such garage/estate sale;
(e) No garage/estate sale shall begin before seven o'clock in the morning, nor
continue after seven o'clock in the evening.
Sec. 10-4. Permit required.
(a) A garage/estate sale permit shall be obtained no less than 24 hours prior to the
sale and may only be obtained by the legal owner, lessee, or agent who has been
granted permission by the legal owner or lessee of the residential property upon
which the sale is proposed to be conducted.
(b) The application for such permit shall be on a form designated by the City.
(c) The applicant shall pay a fee as authorized in the Fee Schedule, Appendix A, of
the Code of Ordinances of the City of North Richland Hills for such permit.
(d) Each garage/estate sale permit must be kept and displayed on the premises at all
times during the sale, and shall be presented for inspection by any city official or
representative upon request.
(e) An garage/estate sale permit may not be transferred to another person or location.
Ordinance No.3843
Page 3 of 11
Sec. 10-5. Garage/estate sale signs.
(a) One temporary sign, not to exceed two square feet in area, shall be permitted to
advertise sales on the premises where the sale is being conducted.
(b) Two additional temporary signs not to exceed two square feet in area, shall be
permitted to advertise sales on premises other than the premises where the sale
is being conducted with the permission of the owner or tenant of the premises
where the sign is being displayed.
(c) Signs may only be displayed on the days the garage/estate sale is permitted and
must be removed by the applicant no later than 11:59 p.m. on the final day of the
garage/estate sale.
(d) Signs must be staked into the ground and may not be attached to utility poles or
public street sign posts. Signs may not be placed within ten (10) feet of the edge
of a roadway, in a median, or in a parkway.
(e) The garage/estate sale permit number must be included on all signs.
Sec. 10-6. — Temporary commercial events
(a) Temporary commercial events on properties zoned LR, C-1, C-2, OC, I-1, 1-2,
and U, by the occupants of such properties, may be permitted upon the
application and granting of a temporary commercial event permit by the City
Manager or his or her designee.
(b) Each temporary commercial event may not exceed fourteen consecutive
calendar days. The number of total event days in a calendar year may not exceed
thirty. Events containing the sale of goods shall meet the special conditions, if
any, imposed by the building official and/or fire marshal for the protection of public
safety and the welfare of the community.
(c) Tents and bounce houses may be installed as part of a temporary commercial
event. Tents shall conform to the latest adopted version of the International Fire
Code. No tent shall be erected without first obtaining such permit through the
North Richland Hills Fire Department.
(d) No outside use of property for a temporary commercial event will be allowed
except by the existing occupants of the property, and only when the site has been
found to contain sufficient room to adequately accommodate the event without
encroaching on required parking spaces, fire lines, and building setbacks. This
includes parking of vehicles for a purpose other than conducting business on the
premises. If the premises are occupied by multiple tenants, written permission
Ordinance No.3843
Page 4 of 11
must be obtained from the owner of the property. Notice must be given to other
tenants on the property.
(e) Access to restroom facilities shall be made available to all attendees, including
handicap-accessible facilities.
(1) The owner, operator, and sponsor of the temporary commercial event are
responsible for providing proper cleaning, sanitizing, and disposal services
for the portable toilets.
(f) Temporary commercial events shall not operate before 8:00 a.m. and operation
shall cease before 11:00 p.m. on all nights except on Saturdays when the event
shall cease operation no later than 11:59 p.m. One employee of the sponsoring
business must be on the property while the event is operating.
Sec. 10-7. — Temporary non-profit events
(a) A non-profit organization may hold a maximum of eight (8) temporary outdoor
events per calendar year in the City of North Richland Hills.
(b) A maximum of one (1) non-profit sponsored circus or carnival containing
mechanized attractions shall be counted as one of the eight annual non-profit
events afforded to each non-profit organization. A non-profit-sponsored circus or
carnival containing mechanized attractions may not exceed a duration of three
consecutive days. Except for public, private, or charter schools and churches or
other houses of worship, such events shall be on a site containing not less than
two acres and located in a nonresidential zoning district.
(c) The sponsor of a non-profit event shall:
(1) Ensure that adequate parking is made available for all attendees;
(2) Ensure that adequate portable toilets or public restrooms are made
available to all attendees, including handicap-accessible facilities. and
(3) Be responsible for providing proper cleaning, sanitizing, and disposal
services for the portable toilets.
(d) No circus, carnival, or non-profit event shall begin operation before 8:00 a.m. and
operation shall cease before 11:00 p.m. on all nights except on Saturdays when
the event shall cease operation no later than 11:59 p.m.
(e) The City Manager or his or her designee shall establish the terms and conditions
for the temporary use at the time of approval. In the event that a sponsor is
Ordinance No.3843
Page 5 of 11
dissatisfied with the decision of the City Manager or his or her designee, the
sponsor may appeal the requested use to the City Council.
(f) No outside use of property for temporary outdoor events will be allowed until the
city determines that the premises contain sufficient room to adequately and safely
accommodate the event without encroaching on required parking spaces, fire
lanes, and building setbacks.
(g) Any limitation on maximum number of events that may be held under this article
shall not apply to events sponsored by public, private, or charter schools, and
churches or other houses of worship if such events are held on their property.
Sec. 10-8 — Permit and application fees.
(a) A permit application must be made for all temporary commercial events and
temporary non-profit events on a form designated by the city and must be filed
with the Neighborhood Services Department not less than 30 days prior to all
temporary commercial events and temporary non-profit events. A permit
application must contain the following information:
(1) The name, address, and telephone number of the owner, operator, and
sponsor(s) of the event;
(2) The exact location of the property for which the application is being made;
(3) Written permission from the owner of the property where the event is to be
held;
(4) The dates and hours of operation of the event, including the setup and
tear-down dates;
(5) A site plan and list containing the location of each amusement ride, mid-
way attraction, device, booth, concession stand, sanitary facilities, power
generator, and parking area(s) associated with the event;
(6) Temporary commercial events which include a carnival, circus, animal
rides, or amusement rides must provide a certificate of liability insurance
indicating a valid insurance policy in the amount of not less than
$1,000,000.00 for liability against injuries suffered by any person while
using any of the amusement rides or devices.
(7) Upon approval of the application, the applicant shall pay a permit fee
authorized in the Fee Schedule of Appendix A of the Code of Ordinances
of the City of North Richland Hills before a permit is issued.
Ordinance No.3843
Page 6 of 11
(b) Fees may be waived for community events co-sponsored by the city or sponsored
by the Birdville Independent School District or other local civic organizations.
SECTION 6: That Appendix A, Fee Schedule, of the North Richland Hills Code of
Ordinances be amended by adopting the schedule of fees for issuing
permits for garage/estate sales, temporary commercial events, and
temporary non-profit events, as established by Chapter 10, Article I, of the
City of North Richland Hills Code of Ordinances, and as set forth in Exhibit
"A" attached hereto and made a part of this Ordinance for all purposes.
SECTION 7. Section 118-631 Table of Permitted Uses, shall be amended to allow for
the permitting of garage/estate sales, temporary commercial events, and
temporary non-profit events as set for the attached Exhibit "B."
SECTION 8. Section 106-9 Table of Permitted Signs, shall be amended to delete
garage sale signs and allow for garage/estate sale signs as set forth in the
attached Exhibit "C."
SECTION 9: Any person, firm, corporation, or organization 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. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 10: 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 11: 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 12: 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
Ordinance No. 3843
Page 7 of 11
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 13: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
as required by law, if applicable.
SECTION 14: This ordinance shall be in full force and effect upon publication as required
by law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 26th day of February, 2024.
CITY OF TH IC HI LS
By:
Oscar vino ayor
ATTEST:
Alicia Richardson h
City Secretary/Chief`f*rnar icer
A OVED T FOR AND LEGALITY:
Cara Leahy White, Int im ity At rn
Ordinance No. 3843
Page 8 of 11
EXHIBIT "A"
THIS ORDINANCE AMENDS APPENDIX A, FEE SCHEDULE, TO ADD FEES FOR
CHAPTER 10, ARTICLE I, COMMUNITY EVENTS, OF THE CODE OF ORDINANCES
OF THE CITY OF NORTH RICHLAND HILLS.
Location in Code Description Fee
Cha•ter 10, Article 1, Gara•e/Estate Sales
Section 10-2 Garage/estate sales
Singe residence $8.00
Neighborhood $30.00
Chapter 10, Article I,
Temporary Commercial Events and Temporary Non-Profit Events
Sections 10-6 and 10-7 Permit fee per event $150.00
Ordinance No. 3843
Page 9 of 11
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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 525557 Print Legal Ad-IPL01618450-IPLM61845 $48.68 1 51 L
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 Stefani
Beard,Bid and Legal Coordinator for the Star-
treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at
------------------------------------------------------------------------------- Fort Worth,in Tarrant County,Texas;and who,
CITY of after beingduly sworn,did depose and say that
NORTH RICHLAND HILLS Y p Y
ORDINANCE NO.3843 the attached clipping of an advertisement was
AN ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, published in the above named paper on the listed
AMENDING CHAPTER 10, AMUSE-
MENTS AND ENTERTAINMENTS OF
THE CODE OF ORDINANCES OF THE
CITY OF NORTH RICHLAND HILLS
TO ADD ARTICLE I,MODIFYING AND 1 insertion(s)published on:
PROVIDING REGULATIONS FOR THE
PERMITTING OF TEMPORARY COM- 03/01/24
MUNITY EVENTS WITHIN THE CITY;
AMENDING APPENDIX A,FEE SCHED-
ULE,AND AMENDING THE TABLE OF
PERMITTED USES; PROVIDING A
PENALTY;PROVIDING THAT THIS OR-
DINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES AND REPEALING
CONFLICTING PROVISIONS; PRO-
VIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION;AND
ESTABLISHING AN EFFECTIVE DATE.
Any person,firm,corporation,or orga-
nization 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.
Each day that a violation is permitted
to exist shall constitute a separate of-
fense.
PASSED AND APPROVED on this 26th
day of February 2024.
CITY OF NORTH RICHLAND HILLS
By:/s/Oscar Trevino worn to and subscribed be ore me this 1st day o
Oscar Trevino,Mayor March in the year of 2024
ATTEST:
/s/Alicia Richardson
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Cara Leahy White
Cara Leahy White, Interim City Attor-
ney
IPL0161845 - Q
Mar 2024
Notary Public in and for the state of Texas,residing in
Dallas County
r
TEP,NMIE HIATO-HER
y Notalr, I 4 13 5 .
*41 p. Expiros January 14,20.28
Extra charge for lost or duplicate affidavits.
Legal document please do not destroyl