HomeMy WebLinkAboutORD 1134 - ORD Amending Code of ORD by Amending Section 15 Change hours and Days Construction noise is Permitted
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ORDINANCE NUMBER 1134
AN ORDINANCE AMENDING Tij:E CODE OF ORDINANCES. O;FTHE"CITY qFWEST
UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 15 TO CHANGE THE HOURS
AND DAYS CONSTRUCTION NOISE IS PERMITTED; TO PROVIDE FOR A VIOLA-
TION; SETTING FORTH THE MANNER OF ENFORCEMENT; SETTING FORTH RE-
QUIREMENTS FOR Al2D~~IONAL REMEDY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION ,OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section L That Paragraph (g), of Section 15:-2 of the Code of Ordi:'"
nances of the City of West University Place, Texas is, hereby amended so that
said paragraph shall hereafter read as follows:
"Section 15-2. Enumeration of specific noises.
(g) The creation of a loud and excessive noise in
connection with the erection (including excavation),
demolition, alteration or repair of any building in
a residential or business district other than between
. :the hours of 7:00 a.m. and 9:00 p.m., Monday" Tuesday,
Wednesday, 'i'hrusd~y, Friday and Saturd9-Y" and from
12:00 noon and 6:00 p.m. on Sunday, except in case of
_,urgent necessity in, the interest o.f public safety, and
then only with a permit f~om the City Commission,
which permit may be renewed for a period of three (3)
days or less while the emergency continues."
Section 2. That the Code of Ordinances of the City of West University
Place, Texas, is hereby amended by the addition thereto of a section to be number
15-7, which said section shall read as follows:
"Section '15.7. Violation - A Misdemeanor.
Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount not exceeding $200.00.
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable
as such hereunder."
Section 3. That the Code of Ordinances of the City of West University
Place, Texas, is hereby amended by the addition thereto of a section to be
number 15-8, which said section shall read as follows:
"Section 15.8. Manner of Enforcement.
Violations of this ordinance shall be prosecuted in the same
manner as other misdemeanor violations of the City's code;
provided, however, that in the event of violation of this
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Chapter, a written notice of intention to prosecute will be
given the alleged violator not less than three (3) calendar
days prior to the issuance of a misdemeanor corilplEi.:ini:. No
complaint' shall be ,issued in :the event the::causeof the
violation is removed, the condition abated or fully corrected
within such three (3) day period. In the event the alleged
violator cannot, be located in order to serve the notice of
intention to prosecute, the notice as required herein shall be
deemed ,to be given upon mailing such notice by registered or
certified mail to the alleged violator at his last known
address or at the place where the violation occurred; in
which event the three (3) day period shall' commence at the
date of the day following the mailing of such notice."
Section 4. That the Code of Ordinances of the City ~f West Univer-
sity Place, Texas, is hereby amended by the addition thereto of a section to be
number 15-9, which said section shall read as follows:
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"Section 15.9. Additional Remedy :- Injunction.
As an additional remedy~ the operation or maintenance of any ,
activity, device, instrument, vehicle or machinery in violation
of any provision hereof and which cq.uses discomfort or annoyance
to reasonable persons of normal sensitiveness, or which,endangers
the comfort, repose, health or peace of residents in the area
shall be deemed, and is declared to be a,public nuisance and
may be subject to abatement sunnnarily by a restraining order or
injUnction issued by ~ c~urt of competent jurisdiction."
Section 5. This ordinance shall become effective and be in force
from and after its approval by the City Commission.
PASSED AND APPROVED this
9th
day of
April
, 1979.
Commissioners Voting Aye: All
Commissioners Voting No; None
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Mayor
ATTEST:
~L/ ~~L.
Assistant City Secretary
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