HomeMy WebLinkAbout2018-4058 - Ordinance - 11/19/2018ORDINANCE NO. 2018-4058
AN ORDINANCE AMENDING CHAPTER 26, “MISCELLANEOUS PROVISIONS AND
OFFENSES,” SECTION 26-6, “OPEN STORAGE IN RESIDENTIAL AREAS,” OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS RELATING TO OPEN STORAGE IN
RESIDENTIAL AREAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-6, “Open
Storage in Residential Areas,” of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a
part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2018-4058 Page 2 of 3
PASSED, ADOPTED and APPROVED this 19th day of November, 2018.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2018-4058 Page 3 of 3
EXHIBIT A
That Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-6, “Open Storage in
Residential Areas,” of the Code of Ordinances is hereby amended to read as follows:
Sec. 26-6 Open Storage in Residential Areas.
(a) Open Storage. The open storage of commodities and materials are prohibited in residential
zoned areas. Commodities and materials are defined as, but not limited to, appliances, automotive
parts, building materials, firewood, furniture and landscape materials.
(1) Exceptions.
a. Back or Side Yards. Commodities and materials may be stored in back or side
yards and must be screened by a permanent solid fence and must not be visible
from a public right-of-way.
b. Firewood. Firewood for personal use may be stored in back or side yards and
must be stored in an orderly manner.
(2) Exemptions. Exempt from open storage screening requirements are:
a. R Rural and E Estate zoning districts; and
b. Patio and lawn furniture for residential use.
(b) Nuisance. A violation of this section is declared a nuisance and may be enforced 5,000
feet outside the City limits.