The URL can be used to link to this page

0778AORDINANCE NO. 778-A OFFICIAL AN ORDINANCE AMENDING ORDINANCE 778, SECTION 11-60, REDEFINING CERTAIN TERMS RELATING TO NOISE NUISANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. RECORD WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter 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 city council has determined that some noises are of such volume, intensity or duration as to constitute a danger to the physical health of persons or a breach of the peace, quite and solitude to which citizens are entitled; and WHEREAS, the city council declares such noises to be a nuisance and desires to prohibit such noises. WHEREAS, the city council desires to clarify the intent and meaning in certain definitions in ordinance no. 778. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Amend the definitions of daytime and nighttime to read as follows: Sec. 11-60 Definitions (5) Daytime means the hours from 7:00 a.m. to 9:00 p.m. (10) Nighttime means the hours from 9:00 p.m. until 7:00 a.m. SECTION 2 CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 SEVERABLE 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 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 4 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 this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense related to public health and sanitation, and Five Hundred Dollars ($500.00) for any other offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provision of any other ordinances affecting nuisances caused by noise 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 6 PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice sitting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7 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 FIRST READING ON THIS 1,)4b DAY OF 2005 -N,f A VfA P2DTo1i'1 �.••`.c,,a��'y-"',,.. em ATTEST: 1 �(�{�( a 46wa SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS 15f DAY OF 2005. M YO PED TP�YI ATTEST: SECRETARY EFFECTIVE: Ka FORM AND LEGALITY: City Attorney m �'�ejenunea�� INVOICE � rx Star -Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 251993411 FORT WORTH, TX 76102 Invoice Date: 2/15/05 (817) 390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/28/05 Bill To: PO Number: NO PO CITY OF SOUTHLAKE Order Number: 25199341 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 2/15/05 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I " 80 1 76 76 LINE $0.81 $61.56 THE STA County of Before me for the Sta that the at (817) 39 SUBSCRIB Thank Y Remit To: Net Amount: �CHRISTY L. HOLLAND My COMMISSION EXPIRES ` July 31, 2008 $61.56 u 1 Wl OFFICE OF CITY SECS_=Y for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator y the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say vertisement was published in the above naped paper on the listed dates: BIDS 81 LEGAL DEPT. STAR TLEGRAM Signed disobeys, omits, cts or refuses to Y n h or who BEFORE ME, THIS Wednesday, Febr ry 3, OOS. iof any of the ' dons of this or - .a rehthan fined Notary Public ;and Dollars '"° llaayment Dollarsrs for anY ;a_ Each _......._ ...._ _.._...._..Y.._......._ _ _ .. ....... _ .. .._....._...._.........._ _..W. _ _ _._......_. P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 251993411 $61.56 NO PO INVOICEi ' Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 252685351 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/4/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/05 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 25268535 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn KATHY DIMAGGIO/SHARON BARRE Publication Date: 3/4/05 CITY OF SOUTHLAKE ORDINANCE NO 13580 1 63 63 LINE $0.81 $51.03 CITY OF SOUTHLAKE ORDINANCE NO. 778-A AN ORDINANCE $51.03 AMENDING ORDI- NANCE Net Amount: 778, SEC- TION 11-60 REDE- FINING CERTAIN TERMS RELATING TO NOISE NUI- (n��^ M SANCES; PROVID- ING � V E V n)1 THAT THIS ORDINANCE SHALL i D �..IIIISSSS llJl I .mrinr--..ne- '-��'"" BE CUMULATIVE OF I i ALL ORDINANCES; I I' , PROVIDING A SEV- 1 ERABILITY CLAUSE; e mi 2 9 ' . PROVIDING A PEN- ALTY FOR VIOLA- TIONS PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION OFFICE OF CITY Cry '. IN THE , rI'II4 CHRISTY L.HOLLAND ..,._-----_- - - w PROVIDING AN EF- '� ' FECTIVE DATE. �: = MY COMMISSION EXPIRES SECTION 4 +X. July 31 2008 PENALTY :+'s ,•`'� Any person, firm or ''^,q,�" corporation who vio- lates,disobeys,omits, THE STATE 0 neglects or refuses to comply with or who County of Tarr resists the enforce- ment of any of the provisions of this or- dinance shall be fined Before me,a N not more than Two d County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator Thousand Dollars for the Star-Tel ($2,000.00> for each tar-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn, did depose and say offense related to that the attache sanllstion e a d Fine rent was published in the above named paper on the listed dates: BIDS 81 LEGAL DEPT. STAR TLEGRAM (817) 390-73 Hundred Dollars o0 .0eno Ea day that a violation is permitted to exist shall Signed constitute a separate offense. SUBSCRIBED A PASSED AND AP- PROVED THIS THE.E ME, THIS Monday,Mar 14 2 5. 1st DAY OF MARCH 2005 DURING THE /� COUNCIL MEETING. Notary Public ____ MAYOR: Andy Wambsganss ATTEST: Lori Farwell, City Secretary Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 252685351 Invoice Amount: $51.03 PO Number: NO PO Amount Enclosed: $