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2008-047-ORD-AMENDING SECTION 22.5-3 OF CH 22.5 ENTITLED OUTSIDE STORAGE TO CODE OF ORDINANCES OF COPORDINANCE NO. 2008 -047 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 ice 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 i iclude 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 Force for dding 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 ditizens and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI Y OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all approved. Section 2. That anew subsection (15) to Sec. 22.5 -3(c) of the Code of Ordinances of the 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 (0), or Historic (HD) Zoning Districts. -1- (c) It shall be unlawful for any person to maintain, conduct, allow or permit, 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 isions of this ordinance are hereby repealed, and all other provisions of the ordinances of the 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 timf 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 anv violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of 6 ayes and 0 nays, the Council voted to suspend the rule requiring two readings before adoption of this Section 8. That this ordinance shall become effective from and after its passage of L reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 8th day of December, 2008. JpCMcCarthy, Mayor Pro -2- ATTEST: Ellis, City Clerk VED AS TO FORM: W. 4Cent McIlyar, QAA Attorney -3-