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HomeMy WebLinkAboutOrdinance No. 243 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 147; PROVIDING FOR THE MARKING OF OFF-STREET PARKING FOR HANDICAPPED PERSONS; PROVIDING THE USE OF SUCH SPACES BY AUTOMOBILES WITH SPECIAL LICENSE TAGS, PLATES OR DEVICES ISSUED BY THE STATE OF TEXAS FOR DISABLED VETERANS AND DISABLED PERSONS; PROHIBITING THE PARKING OF ANY OTHER VEHICLES IN SUCH SPACES; PROVIDING FOR THE TOWING OF ALL SUCH VEHICLES NOT HAVING SPECIAL LICENSES OR DEVICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND CODE PROVISIONS NOT INCONSISTENT WITH THIS ORDINANCE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1: That Ordinance No. 147, Section 7, of the City of The Colony, Texas, is hereby amended as follows: (f) Upon the request of the owner or operator of any off-street parking facility, the Po]ice Department of the City is authorized to approve stalls or spaces in an off-street parking facility for the exclusive use of vehicles which display a distinguishing license plate, specially designated symbols, tags, or other devices issued pursuant to Article 6675a-5e and 6675a-Se.i, Texas Revised Civil Statutes, to disabled veterans and disabled persons. Handicapped parking spaces shall be of such size and marked according to prevailing state and federal standards for handicapped parking. Such stalls or spaces shall be designated by posting, at owner's expense, immediately adjacent to and visible from each stall or space a sign consisting of a profile view of a wheelchair with occupant in white on a blue background. SECTION 2: That Ordinance No. 147, Section 7, of the City of The Colony, Texas, is hereby further amended as follows: (g) It shall be unlawful for the operator of any vehicle not displaying a distinguishing license plate, symbol, tag or other device issued to disabled persons pursuant to Article 6675a-Se.l, Texas Revised Civil Statutes to stop, stand, park or leave standing such vehicle in any parking space properly designated for the exclusive use of physically handicapped persons pursuant to the foregoing section. Any vehicle not displaying the proper license plates, tags, or devices, may be towed from a handicapped parking space designated by the foregoing section at the expense of the owner of such vehicle, and may be impounded until all towing and storage expenses are paid. SECTION 3: That it is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of the ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any Court of competent jurisdiction, such unconstitutionality shah 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 uncon- stitutional phrase, clause, sentence, paragraph or section. SECTION 4: This ordinance shall be cumulative of all provisions of ordi- nances of the City of The Colony, Texas, as amended, except where the pro- visions of this ordinance are in direct conflict with the provisions of such ordinances, in which event conflicting provisions of such ordinances are hereby repealed. SECTION 5: That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: This ordinance shall become effective from and after its passage and publication as provided by law. PASSED,BY THE CITY _~OU~CIL OF THE CITY OF THE COLONY, TEXAS, ON THE ?~ DAY OF Z-~Z~ , i983. APPROVED: ATTEST: JAi~,CI~ CARROLL, CITY SECRETARY AP~VED AS TO FORM: ROBERT L. DILLARD Ill, CITY ATTORNEY