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0577 ORDINANCE NO. 577 AN ORDINANCE PROHIBITING CAMPING IN THE CITY OF SOUTHLAKE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERAB1LITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS IIEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the (~ity 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 Governlnent Code; and WHEREAS, the City Council of the City of Soathlake has determined that unregulated camping within the corporate limits of the City imposes a sai'ety burden on the City, constitutes a health hazard, adversely affects the aesthetics of the City and constitutes a nuisance to residences and businesses operating in the City; and WHEREAS, the City Cr,unc~l therefore deems it necessai¢/ to adopt this ordinance regulating camping within thc City as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO1JNCIL OF THE CH~/ OF SOUTHLAKE, TEXAS: SECTION 1 The following words and phrases shall have the definitions ascribed to them belt)w: 1. "Camping" shall mean the use by persons of public or private property l'or the specific purpose of setting-up and maintaining temporary living quariers or shelters either by use of camping gear (such as tents, portable grills, sleeping bags, cots, lanterns etc.) ~/r by the parking of recreational vehicles. 2. "City" shall mean the City of Southlake. si:eke [ I ,ca mpmg.ord P ~!gC 3. "Recreational vehicles" shall include, bat arc not limited to, travel trailers, vuns, calnpers on pickups and trucks, trailers, buses, motor holnes or other vehicles commonly used for camping purposes. SECTION 2 It shall be unlawf~ul for any person to camp on any public or private property within the corporate limits of the City unless snch property is properly designated as a recreational campsite or campground in an appropriate zoning district of the City or unless otherwise permitted in the Comprehensive Zoning Ordinance. SECTION 3 It shall be unlawful for any person to occupy a recreational vehicle in the City for the purpose of utilizing same as office space. The conncctkm of any utilities to a recreutional vehicle shall constitute prima facie evidence that said recreational vehicle is being utilized as living quarters or office space. SECTION 4 Any camp or recreational vehicle maintained or used in violation of this ordinance is hereby declared to be a nuisance and may be abated by the City. In addition to the criminal penalties provided in this ordinance, the City may pursue civil enforcement remedies against any nuisance defined herein. SECTION 5 This ordinance shall be cumulative of all provisions of ordinances o[ the City of Southlakc, Texas, cxcept where the provisions of this ordinance are in direct conflict with thc provisions of such ordinances, in which event the conflicting provisions of such ()rdinunces are hereby repealed. slakcIIxcamping ord Page 2 SECTION 6 It is hereby declared to be the intention of thc City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and ff any phrase, clause, sentence, paragraph or section of this ordinance shall bc dcclamd unconstitutional by the yalid 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 ? Any person, firm or corp~}ration who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement (ff any of the provisions of this ordinance shall hc 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 8 All rights and remedies of thc City of Southlake arc expressly saved as to any and all violations of any other ordinances affecting health and/or safety which have accrued at tt~e time of tt~e 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 hy this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 Thc City Secretary of the City of Soutl~lakc is hereby directed to publish thc prop{~sed ordinance or its caption and penalty together with a notice setting out the time shtkcll~campingot d Page 3 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 thc City Secreta~ shall additionally publish this ordinance in th~ 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 1~ 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 PASSED AND APPROVED ON SECOND READING ON THIS / DAY OF ~~ 1992. slakcll\camplng ~)rd Page 4 APPROVI':D AS TO FORM AND LEGALITY: ADOPTED: /v~ -/- ~_3 E~FECnVE: /;2 -- 4- ff~ slakclDcamping ord Page 5 Fort Worth Star-Telegram 100 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 IlliE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared SUE RUSSELL Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County, Texas ; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE NCH/LINE TOTAL RATE AMOUNT DEC 04 6982256 CL . 358 1X45 L 45 . 40 18. 00 ORDINANCE NO.577 I Dec 4 AN ORDINANCE PROHIBITING CAMP- P • 0 • it 577 ING IN THE CITY OF 1 SOUTHLAKE;PR OVID- - ING THAT THIS ORDI- NANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES PRO- VIDING ASEVE'RABIL- - - - - ITY CLAUSE(-.,PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER AND PROVIDINGAPI ///, e E n oheosrefuses t,I ,,h/� ....... ...... _.. Any person,firm or corpo- - a‹,{//A -Y ration who violates,di snhoys,� SIGNED p v o whoresiststhe rs isod==ND SWORN TO BEFORE ME , THIS THE giH DAY OF CE ER, 1992 'Ined not more than Five NOTARY PU8L1 ndronpars(SSde00.001 for 1 �` C each offense.Each day that a violation Is ppeermitted to exist shall constitute aseparate of- P ,,,` �- TARRANT`COUNTY, TEXAS tense. _ pY°•:. l S4PEL, PASSED AND AP- - - -.� �-i�: HZ1t PRPOVED IN SECOND DAYOFDECEMBTHE R E��st � '/ 1 COS,MISSION EXPIRES Gary Fickes, f' C }R(�llARl..28,-_1915 Ma or of Southlake ---- - �\ +- SandraT '9if•*'6 --.4 L.LeGrand, City Secretary Approved as to form: E.Allen Taylor,Jr., City Attorney -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-� REMIT TO : 400 W. SEVENTH, FW, TX 76102 Port Worth Star.TelegramREMIT TO' I► Xf3T, QJf�1Q1-2051 AC NUMBERCOUT x x x AMOUNT X X X X x x xJ( 6982256CIT57 DUE 18.00 PAGE 1F 1 • CITY OF SOUTHLAKE ORIGINA 667 N CARROLL AVE PLEASE PAY , 18 . 00 SOUTHLAKE TX 76092-8898 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram , . 100 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TuE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared SUE RUSSELL ': filling Specialist for the Fort Worth Star-Telegram, published by the star-Telegram Inc . at Fort Worth, in Tarrant County, Texas; and wrlo, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE L INCH/LINEALTOTA RATE AMOUNT NOV 20 6975902 CL . 358 1X54 L 54 . 40 21.60 NOTICE OF PUBLIC Nov 20 HEARINGi P • 0 • # 577 NOTICE is hereby 9rventooil interested Persons that the C i- tY Council of the City of South- llQake Texas,will be holding a Regu arCtYCounc Imeetihn99e tobeheldon December 1,199 2, at 7:00 7pp7.m., Southlake City nue,"Southlake Texaoll Ave Purpose of the hearing is to consider thesecondreadun9of the following ord ORDINANCE NO.577 AN ORDINANCE PROHIBITING OVER- NIGHT CAMPING IN SIGNED I THE CITY OF SOUTH- / ,7/ ,2/ LAKE; PROVIDING THAT THIS ORDI- -ANCE SHALL BE CU- �1ULATIVEOF ALL OR- I 'ROVIDINGASEVER ID SWORN TO BEFORE ME, THIS THE 20Th DAY F NOVEM R, 992 iBILITY CLAUSE; NOTARY PUBLIC ( , ,'ROVIDI FOR A PENALTY FOR VIOLA- L��\�� ' "`-- TIONS HEREOF; PRO r•� CLAUSE:PROVIDING FOR PUBLICATION IN TARRANT COUNTY, TEXAS ,-, PAPER AND PROVID- ING AN EFFECTIVE ti� �as ~ DATE. P" '�a��4f KATHRYN 1.SPENCER SECTION 7 RES Any person,firm or corPO- .f`,i ration who violates,disobeys, 52 :•y COMMISSION EX omits neglects or refuses to comply with or who resists the ��•' - `:+P. )ANUARY 28, 1995 enforcemen?of any of the pro- ` ��` visionsofthisordinanceshall f >`" <_`- ��F\pN e HundrreedDollarsr(SS00 001 for than +� each offense.Each day that f bia , , p t shall constitute a seoarateof- nse. _AR ALON 3 THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ty of Southlake SIN Secrets rand REMIT TO : 400 W . SEVENTH, FW, TX 76102 Fort Worth tar-Tele ram F��-re: 'A. � �� X�x��t_2°51 69759 U 2 NUMBER C I T 5 7 A DUE 21.60 PAGE -OF 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 21 . 60 1 SOUTHLAKE TX 76092-8898 PLEASE THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED