HomeMy WebLinkAboutOrdinance No. 420 CITY OF THE COLONY, TEXAS
ORDINANCE NO. q-~ O
An Ordinance Of The City Of The Colony, Texas, Ainending Chapter 19 Of
The Code Of Ordinances Of The City Of The Colony, Texas Relating To Traffic
Regulations By ~,mending Section 19-1 To Provide A Definition For The Following:
Handicapped Markers, Handicapped Vehicle, Disabled And Disabled Person And
Parking Space Designated Specifically For The Disabled; And By Amending Chapter
19 By Providing Rules And Regnlations Relating To Disabled Parking Within The
City of The Colony Texas; Providing A Penalty Not To Exceed The Sum Of Two
Hundred Dollars ($200.00) For Each Offense And A Separate Offense Shall Be
Deemed Committed Each Day During Or On Which A Violation Occurs; Providing A
Severability Clause; Declaring An Emergency And Providing An Effective Date.
BE IT ORDAINED by the City Council of The City of The Colony, Texas:
Section 1. That Chapter 19 of the Code of Ordinances of the City of The
Colony, Texas (the "City") relating to traffic regulations is amended in the following
particulars and all other sections, subsections, paragraphs, sentences, definitions,
phrases and words of said Code of Ordinances are not amended but shall remain
intact and are hereby ratified, verified, approved and affirmed.
A. That Section 19-1 of Chapter 19 relating to definitions is
hereby amended by adding the following definitions:
"Disabled" and "Disabled Person" shall mean a natural person who has
mobility problems that substantially impair said person's ability to
ambulate, or a person who is legally blind. In this ordinance, "legally
blind" means having not more than 20/200 of visual acuity in the
better eye with correcting lenses, or visual acuity greater than
20/200 but with a limitation in the field of vision such that the widest
diameter of the visual subtends an angle no greater than twenty (20)
degrees.
"Handicapped marker" shall mean a specially designed symbol, tab,
disabled person identification card or other device obtained from a
County Tax Collectar pursuant to Article 6675a-5e.1 of the Revised
Civil Statutes of Texas for the purpose of marking a vehicle as one
which is being operated by or for the transportation of a disabled
person.
"Handicapped vehicle" shall mean motorcycles with side cars that
have been specially modified by the manufacturer to be operated by
disabled persons and light commercial vehicles having a
manufacturer's rated capacity of one (1) ton or less operated by or
for the transportation of permanently disabled persons for
noncommercial use and properly displaying a handicapped marker on
the license plate or the disabled person identification card in'the
lower left-hand side of the front windshield.
"Parking space designated specifically for the disabled" shall mean
any parking space which has markings or sig~age which §ives
reasonable notice that the parking space is reserved or meant for the
use of vehicles transporting permanently or temporarily disabled
persons, or handicapped persons, regardless of whether the means of
designating said parking space comply witb this ordinance or state
law.
B. That Chapter 19 is hereby amended by adding Sections 19-25
through 19-27 inclusive, which shall read as follows:
"Sec. 19-25. Designation of Parking Spaces.
The City Engineer, private property o~mers and persous who
own or control property used for parking are hereby authorized to
designate our (1) or more parking spaces, parking area or parking
areas for the exclusive use of handicapped vehicles. The number of
parking spaces is to be determined by the following formula:
Humber of Parking Spaces
Suggested to be Designated
For Vehicles Transporting
On-site Parking Spaces Disabled Persons
1-50 1
51-100 2
101-150 3
151-200 4
"Sec. 19-26. ldentificaton and Dimension Requirements.
a) Eanh parking space shall be at least fourteen (14)
feet wide and twenty-one (21) feet long. Each parking space shall
have an aboveground sign designating the space for vehicles
transporting disabled persons only, which designation shall consist of
a sign permanently mounted on a sign post adjacent to said parking
space or the sign may be attached to the wall immediately in front of
the parking space or spaces so designated if said wall is within three
(3) feet of the front line of the disabled parking space or spaces, and
upon each of said signs shall be displayed the international symbol of
acenss (a profile view of a wheelchair with occupant) with the
following message printed thereon: "Penalty -- City Ordinance
No. __" The face of said posted sign shall be no less than one and
one-half (1 1/2) feet high by one (1) foot wide. The bottom edge of
the posted sign shall not be closer than three (3) feet to the sidewalk,
asphalt or pavement in which the post or wall is anchored and not
higher than five (5) feet from said sidewalk, asphalt or pavement.
b) all requirements of Art. 6675 a-Se.1 Tex. Rev. Civ.
Stat. Ann. are to be complied with by the parties posting such signs
relative to the designation of parking spaces for the disabled and the
posting of same.
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"See. 19-27. Unlawfnl parking in space designated specifically for
the disabled.
(a) A person commits an offense if the person is neither
temporarily or permanently disabled nor transporting a temporarily
or permanently disabled person and parks a vehicle with such special
device or displaying a temporarily disabled person identificatian card
in any parking space or parking area designated specifically for the
disabled.
(b) A person commits an offense if the person parks a
vehicle neither displaying the handicapped marker nor displaying a
temporarily disabled person identification card in a parking space or
parking area designated specifically for the disabled.
(c) A person commits an offense if the person parks a
vehicle so that the vehicle blocks an access or curb ramp or any other
architectural improvement designed to aid the disabled.
Section 2. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each
offense and a separate offense shall be deemed committed upon each day during or
on which a violation occurs.
Section 3. Severability. If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereto any person or circumstances
is held invalid or unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this ordinance; and the City
Council hereby declares it would have passed such remaining partions of the
ordinance despite such invalidity, which remaining portions shall remain in full force
and effect.
Section 4. Emergenc.y and Effective Date. The fact that the present
ordinances and regulations of the City of The Colony, Texas, are inadequate to
properly safeguard the health, safety, morals, peace, and general welfare of the
inhabitants of the City of The Colony, Texas, creates an emergency for the
immediate preservation of the public business, property, health, safety, and general
welfare of the public which requires that this ordinance become effective from and
after the date of its passage and it is accordingly so ordained.
Section 5. Repeal of Inconsistent Ordinances. All ordinances or parts of
ordinances inconsistent or in conflict with the provisions of this ordinance are
hereby expressly repealed to the extent of the inconsistency or conflict.
O078X
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PASSED AND APPROVED on the ~ day of
1986. t~ ~7 '
/M~yor, CTty-6~The C~o[ony, Texas
/
ATTE_~~
City S~eretary, Cit~/of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony Texas