ORDINANCE NO. 1490-2026 AN ORDINANCE AMENDING CHAPTER 5 ""FIRE PREVENTION AND PROTECTION" OF THE RIVER OAKS CODE OF ORDINANCES (2020) AS AMENDED SPECIFICALLY IN ARTICLE 5.04 "FIRE DEPARTMENT" REPEALING THE FORMER ARTICLE 5.04 AND REPLACING IT WITH THE REVISED ARTICLE 5.04 ESTABLISHING REGULATIONS FOR A FULL-TIME FIRE DEPARTMENT AND AUTHORIZING MITIGATION FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES IN THE CITY OF RIVER OAKS; PROVIDING THAT THE PHRASES, CLAUSES, SENTENCES, PARAGRAPHS, AND SECTIONS OF THIS ORDINANCE ARE SEVERABLE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIVER OAKS, TEXAS: SECTION 1. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of River Oaks, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 2. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. SAVINGS CLAUSE All rights and remedies of the City of River Oaks are expressly saved as to any and all violations of the provisions of the City of River Oaks Code of Ordinances (2020) or any other ordinances affecting Fire Department Rules and Regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 4. PENALTY CLAUSE Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However, a fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation other than dumping of refuse may not exceed two thousand dollars ($2,000.00); Provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. SECTION 5. PUBLICATION The City Secretary of the City of River Oaks is hereby directed to publish in the official newspaper the caption, savings clause, penalty clause, publication clause and effective date clause of this ordinance one (1) time after the adoption of this ordinance as authorized by Chapter 5, Section 5.02(c) of the Charter of the City of River Oaks. SECTION 6. EFFECTIVE DATE This Ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS THE 21ST DAY OF JULY 2026. __________________________ DARREN HOUK MAYOR CITY OF RIVER OAKS ATTEST BY: _____________________ CITY SECRETARY IPL0365995 Aug 14 2026