22 Ordinance amending outside storageCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
11/24/08
Code Enforcement Task
Lisa A. Wright, Director of
Council Date:
Force
Community Development
22.
12/08/08
RECOMMENDED MOTION:
First reading on an ordinance amending Section 22.5-3 of the Outside Storage Ordinance to include
trash cans as prohibited outside storage except as permitted in Section 16-22 of the Code of Ordinances.
PoLicY IssuF.(s):
Code Enforcement
BACKGROUND:
On January 28, 2008, the City Council, upon the recommendation of the City Council
Task Force on Code Enforcement, adopted a new ordinance regulating outside storage.
At the request of a member of the Code Task Force, the ordinance was brought back
before the Task Force in August for possible revision, and the Task Force recommended
an amendment to the ordinance prohibiting trash cans from being stored in any portion of
a lot other than entirely within the rear or side yard, except in accordance with Section
16-22 of the Code, which provides the times which trash is placed at the curbside to await
pickup by the City or other sanitation service.
BOARD/COMMISSION RECOMMENDATION:
The City Council Task Force on Code Enforcement recommended approval of the amendment on
August 19, 2008
E3auBiTS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report ❑
Minute Order
Expense
$
❑ Departrnent Report ❑
Resolution
Budgeted Amt
$
❑
Presentation
~ Ordinance
yTD Actual
$
❑
Public Hearing
❑ Other
A,cct Name
Acct Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
attorney\ordwork\current\Amend Sec 22.5-3(c) Outside Storage 2008
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING SECTION 22.5-3(c) OF CHAPTER 22.5 ENTITLED
OUTSIDE STORAGE TO THE CODE OF ORDINANCES OF THE CITY
OF PARIS, TEXAS BY ADDING A NEW SUBSECTION (15); MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 28, 2008, the City Council of the City of Paris, Texas adopted
Ordinance No. 2008-004 regulating outside storage; and
WHEREAS, at a regular meeting of the Code Enforcement Task Force on August 19,
2008, the Task Force recommended approval of an amendment to the Outside Storage ordinance
to include trash cans as prohibited outside storage except as permitted in Section 16-23 of the
Code of ordinances; and,
WHEREAS, the City Council having reviewed the recommendation of the Task Farce
for adding subsection (15) to Sec. 22.5-3(c), to the City Code of Ordinances hereby finds and
determines that the changes recommended below are in the best interest of the City of Paris and
its citizens and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That a new subsection (15) to Sec. 22.5-3(c) of the Code of Ordinances of the
City of Paris, Texas, be, and the same is hereby established to read as follows:
"Sec. 22.5-3. Outside storage in One-Family Dwelling No. 1(SF-1),
One-Family Dwelling No. 2(SF-2), One-Family Dwelling No.
3(SF-3), Two-Family Dwelling (2F), Multiple Family
Dwelling No. 1(MF-1), Multiple Family Dwelling No. 2
(MF-2), Neighborhood Service (NS), Parking (P), Office (O),
or Historic (HD) Zoning Districts.
* * *
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(c) It shall be unlawful for any person to maintain, conduct, allow or pertnit, any
outside storage of any of the following items on any property located in a zoning
district referenced in this Section except as otherwise provided herein:
(15) Trash cans or containers may not be stored in any portion of a lot other
than entirely within the rear or side yard except in accordance with Section
16-23 (Storage Containers) of the Code of Ordinances.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of
this ordinance shall not be construed as abandoning any action now pending under or by virtue of
such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue,
or as affecting any rights of the municipality under any section or provisions of any ordinance at the
time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this ordinance,
and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of
any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of
this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec.
1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of
any violation of the above-enumerated sections shall constitute and be deemed a separate offense.
Section 7. Introduced and read on first reading on December 8, 2008, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
December 22, 2008, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
[or]
Section 7. That by a supermajority vote of ayes and nays, the City
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 8. That this ordinance shall become effective from and after its passage of
the second[first] reading and publication as required by law.
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PASSED AND ADOPTED on second and final reading this 22°d day of December,
2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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