HomeMy WebLinkAboutOrdinance No. 2015-2138 CITY OF THE COLONY,TEXAS
ORDINANCE NO.2015- an131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 18, SECTION 18-29.1.1(A) OF
THE CODE OF ORDINANCES, ENTITLED "OBSTRUCTION OF
STREETS, SIDEWALKS, PARKWAY AREAS OR PUBLIC GROUNDS,"
BY AUTHORIZING THE USE OF LANDSCAPING ROCKS ADJACENT
TO STREETS AND ALLEYWAYS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000)
FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to repeal the current Chapter 18, Section 18-
29.1.1(a) and replace with a new Chapter 18, Section 18-29.1.1(a) to authorize the use of
landscaping rocks adjacent to public streets or alleyways.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY,TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 18, Section 18-29.1.1(a) by repealing in its
entirety and replacing with a new Chapter 18, Section 18-29.1.1(a) which shall read as follows:
"Sec. 18-29.1.1 - Obstruction of streets, sidewalks, parkway areas or public grounds.
(a) It shall be unlawful for any person to obstruct or encumber, in whole or in part, any
portion of any public street, sidewalk, or other public property in the city other than
alleyways with any item, whether temporary or permanent, including but not limited to,
lumber, boxes, posts, fences, basketball goals, soccer goals, skate ramps, and vehicles,
unless authorized by city ordinance or state law. This provision does not apply to
landscaping rocks or landscaping material placed adjacent to public streets or alleyways,
provided the following:
(1) not more than twenty-four inches (24") in height;
(2) does not interfere with any visibility site triangle, as provided in the Code of
Ordinance; and
(3) does not protrude into a public street or alleyway, and does not interfere with the
normal movement of vehicular traffic.
Property owners shall be responsible for the maintenance of said landscaping rocks and
landscaping material consistent with this section. Any said materials placed within utility
easements are subject to removal by the City or utility company, as applicable."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY,TEXAS,THIS ..57l` day of Mar ,2015.
J.eMc'o , Mayor
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Christie Wilson, City Secretary C.>•••
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APPROVED AS TO FORM: ' SEAL L
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Jeff Moore, City Attorney
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