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HomeMy WebLinkAboutORD 12-066 ORDINANCE NO. 12-066 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.09.144, SUBSECTIONS (3), (4), (7) AND (8) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6.09.144, Subsections (3), (4), (7) and (8) of the Code of Ordinances be and the same are hereby amended to read as follows: ARTICLE 6.09 OIL AND GAS DRILLING Sec. 6.09.144 Testing requirements and restrictions (3) No point of impulse using mechanical vibration (vibratory trucks) shall occur within thirty-five (35) feet of any structure and shall occur only on private property with the expressed written consent of the property owner of the property containing the mechanical point of impulse. (4) Mechanical vibration (vibratory trucks) may be used on the city streets with the consent of the City Engineer in addition to or in place of mechanical vibration on private property in accordance with paragraph (3)of this section and only if the distance, peak particle velocity of ground motion and time of operation requirements in this section are adhered to. No mechanical vibration (vibratory trucks) shall be allowed on concrete city streets. (7) Utilizing third-party engineers for monitoring, no structure shall be subject to any peak particle velocity of ground motion in excess of 0.25 inches per second. (8) Testing and associated drilling shall occur on weekdays (Monday through Friday) between the hours of 8:00 a.m. and 5:00 p.m. Emergency line maintenance is allowed to occur on any day only between the hours of 8:00 a.m. and 5:00 p.m. Testing and associated drilling may occur in non- urbanized areas of the city on any day between the hours of 8:00 a.m. and 5:00 p.m. as approved by the building official. No testing, drilling or hauling of equipment shall be allowed on holidays recognized as such by the city. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of September, 2012. C� - or Y a Be Y Ames - �