HomeMy WebLinkAboutOrdinance No. 06-1630
CITY OF THE COLONY, TEXAS
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS AMENDING CHAPTER 10 OF THE
CITY'S CODE OF ORDINANCES BY ADDING SECTION 10-11,
ENGINE-EXHAUST BRAKING PROHIBITED; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the creation of excessive noise and sound within the city limits of
the City of The Colony is a detriment to the public health, safety and welfare and the
quality oflife of the citizens of the City; and
WHEREAS, the citizens of the City have a right to any environment free from
excessive noise and sound that may jeopardize their health, safety and welfare or degrade
their quality of life; and
WHEREAS, it is therefore the policy of the City of The Colony to prevent
excessive noise and sound in order to preserve, protect and promote the health, safety and
welfare and the quality of life of its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS;
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas, is
hereby amended by amending Chapter 10 by adding Section 10-11, entitled Engine-
Exhaust Braking Prohibited. which shall read as follows:
"Sec. 10-11. Ell1dne-Exhaust Brakin2: Prohibited.
(a) No person may use an engine exhaust braking system while
operating a motor vehicle within the corporate limits of the city. For the
purposes of this section, the term engine exhaust braking system means a
engine exhaust braking system device which converts a diesel engine
power into an air compressor and when engaged operates to slow the
vehicle. "
SECTION 2. The provisions of this Ordinance are severable. However, in the
event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or
is declared or determined by a judicial, administrative or legislative authority exercising
its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in
whole or in part, the remaining and lawful provisions shall be of full force and effect and
the City shall promptly promulgate new revised provisions in compliance with the
authorities decision or enactment.
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SECTION 3. All rights and remedies of the City of The Colony, Texas are
expressly saved as to any and all violations of the provisions of any other ordinance
affecting development and land use which have secured 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 court.
SECTION 4. This Ordinance shall become effective from and after its date of
passage in accordance with law.
PASSED/~D APPRO V
Texas, this the ~ day of
by the City Council of the City of The Colony,
,2006.
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