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Ordinance 2018-22ORDINANCE NO. 2018-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2016-29, AS AMENDED, CHAPTER 42 (ENVIRONMENT), ARTICLE 11 (NOISE), SECTION 42-22 (PROHIBITED ACTS; ENUMERATION); MODIFYING REGULATIONS ON ACTIVITIES PRODUCING LOUD AND DISTURBING NOISE TO PROHIBIT CERTAIN CONSTRUCTION - RELATED ACTIVITIES AT ANY TIME OTHER THAN BETWEEN THE HOURS OF 7 A.M. AND 9 P.M. MONDAY THROUGH SATURDAY; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") to amend the Wylie Code of Ordinances, Ordinance No. 2016-29, as amended ("Code of Ordinances"), Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration) to prohibit certain construction -related activities at any time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday; and WHEREAS, the City Council finds that it is in the best interest of Wylie and its citizens to amend the Code of Ordinances as set forth below. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration) of the Wylie Code of Ordinances. Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration) of the Wylie Code of Ordinances is hereby amended as follows: "Sec. 42-22. - Prohibited acts; enumeration. The following activities producing loud and disturbing noise shall be prohibited: (5) The construction, erection, excavation, demolition, alteration or repair work on any building, or the delivery of materials on or for any such construction site, at any time other than between the hours of 7 a.m. and 9 p.m., Monday through Saturday; provided, however, that the City Ordinance No. 2018-22 Amended Construction Hours Ordinance 2502012 Page 1 of3 Manager or his/her designee may issue special permits for such work or deliveries at other times in case of urgent necessity and in the interest of public safety and convenience. 9.4 SECTION 3: Penalty. Any person, firm, corporation or entity violating or refusing to comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding two thousand dollars ($2,000.00) for each offense if the offense relates to public health and sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it under local, state and federal law. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of such ordinances shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. [The remainder of this page intentionally left blank.] Ordinance No. 2018-22 Amended Construction Hours Ordinance 2502012 Page 2 of 3 IJ DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of August, 2018. ATTEST: MAW (Aectu., Stephanie Storm, City Secretary 'la�C Dates of Publication: ' ugu Ordinance No. 2018-22 Amended Construction Hours Ordinance 2502012 tiff Eric Hogue, gjO>"E"› J , - N‘) 2;,2U18.in,the W- ie 1 ws 011A rt. WAR: lY .1887. .rr: op -rx.,cr.`/ Page 3 of 3 CceS media The ifariarrsUdie Tours • Murphy Monitor • The Princeton Herald • li& `urltu'. News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2018-22 was published in said newspaper on the following date(s), to -wit: August 22, 2018. Chad Engbrock, Publisher Subscribed and sworn before me on this, the pi►►Q day of , 2018 to certify which witness my hand and seal of office. 50NIA A. DUGGAN _Notary Public, State of Texas 4; Comm. Expires 08•18-2020 Notary I© i3f3703740 Notary Public in or The State of Texas My commission expires Murpl S;aefost:W.lou II TX 75098 •972-442-551 ` • faux 972 441 -11IS I aonnetirsnillc'I'raRocr��.o Ofhcv • 101 ti, Nt000 ®P 0 Boor, 512 • i°arr tr:moll2°,"I°X 754-12 • dfr72-7"d4-t 9T7 • 972-782 7011 CITY OF WYLIE Ordinance No. 2018-22 An ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2016- 29, as amended, chap- ter 42 (environment), article II (noise), sec- tion 42-22 (prohibited acts; enumeration); modifying regulations on activities produc- ing loud and disturbing noise to prohibit cer- tain construction -relat- ed activities at anv time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday; providing a penalty clause, sav- ings/repcaling clause, severability clause and an effective date; and providing for the pub- lication of the caption hereof. L. 16-1 t-3911