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Item 8A OrdinanceORDINANCE NO. 778 -A 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. 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: See. 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conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed.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 DAY OF , 2005 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2005. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney