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HomeMy WebLinkAboutOrdinance No. 599 CITY OF THE COLONY, TEXAS ORDINANCE NOo~'-g~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY RELATING TO TRAFFIC BY ADDING A NEW SUBSECTION 19-12(i) PROHIBITING THE PARKING, STOPPING, STANDING OR STORAGE OF MOTOR VEHICLES OTHER THAN A PASSENGER CAR, LIGHT TRUCK, MOTORCYCLE, MOTOR DRIVEN CYCLE OR MOPED ON PRIVATE PARKING FACILITIES IN THE GR GENERAL RETAIL, SC SHOPPING CENTER AND NS NEIGHBORHOOD SERVICE ZONED DISTRICTS; AUTHORIZING THE REMOVAL OF ANY SUCH ILLEGALLY PARKED VEHICLE; PROVIDING FOR A PROBABLE CAUSE BEARING; REQUIRING THE POSTING OF SIGNS; PROVIDING EXCEPTIONS TO THE SAID PARKING PROHIBITION; PROVIDING DEFINITIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas (the "City") is a home rule city pursuant to art. 11, Section 5 of the Texas constitution, Chapter 9, Tex. Loc. Gov. Code (Vernon) and its Home rule Charter; and ' WHEREAS, pursuant to art. 1175(3), V.T.C.S. (Vernon 1989 Supp.), as amended, the City has the exclusive dominion, control, jurisdiction in, over and under the public streets and alleys of the City; and WHEREAS, the City is authorized and empowered to regulate the stopping, standing and parking of vehicles upon streets and highways within its jurisdiction (art. 6701d, 27(a) (i) V.T.C.S. (Vernon). as amended); and ' WHEREAS, the City has the power to regulate the parking of motor vehicles on private property and may enforce an ordinance regulating such parking in the same manner that it enforces ordinances regulating parking in public no parking zones, including the impoundment of offending vehicles (431.001, Tex. Loc. Gov. Code Ann. (Vernon), as amended); and WHEREAS, there have been instances in the City of parking and storage of commercial motor vehicles for long periods of time on private parking lots, which motor vehicles are detrimental to property values within the City and constitute a visual blight upon the neighborhoods of the City and a nuisance; and WHEREAS, the City Council hereby finds that adoption of this ordinance is in the best interests of the health, safety and welfare of the citizens of the City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Chapter 19 of the Code of Ordinances of the City of The Colony, Texas (the "City") relating to traffic is hereby amended in the following particulars, and that all other chapters, sections, subsections, paragraphs, sentences, words and phrases of said Code are not amended but are hereby ratified verified, approved and affirmed: ' A. That a new subsection 19-12 (i) relating to a restriction of parking on private parking lots in the hereinafter described zoning districts shall be added to Chapter 19 to read as follows: "Sec. 19-11. Parkin~ requirements. (i) It shall be unlawful for any person to park, stand, stop or store any motor vehicle, other than a passenger car, light truck, motorcycle, motor driven cycle or moped, as those terms are defined in article 6701d, V.T.C.S., as amended, on a private parking facility in any area of the City which has been zoned GR General Retail, SC Shopping Center or NS Neighborhood Services according to the Comprehensive Zoning Ordinance of the City, and any motor vehicle parked in violation hereof is hereby declared to be a nuisance per se. The following shall be applicable to this subsection: 1. Any police officer of the City shall be and is hereby authorized to remove, or to require the driver o other person in charge of such motor vehicle to remove, a motor vehicle parked, stopped, standing or stored in violation of this subsection from the private parking lot to the nearest garage or other place of safety or to a garage designated or maintained by the City. The owner of a motor vehicle that is removed or stored under this subsection is liable for all reasonable towing and storage fees incurred in the removal or storage. 2. Prior to the enforcement of any part of this subsection, a sign or signs, specifying those persons who may park in the private parking facility and prohibiting all others, shall be placed so that they are readable day or night from all entrances to the said parking facility (but signs need not be illuminated). 3. If a motor vehicle has been moved and placed in a vehicle storage facility (as defined in article 6687b, V.T.C.S., as amended) without the consent of the owner, the owner is entitled to a hearing to determine whether or not probably cause existed for the removal and placement of the motor vehicle. A hearing hereunder shall be before a justice of the peace or magistrate in whose jurisdiction the vehicle storage facility is located, and the following rules apply: i. A person entitled to a hearing under this subsection must deliver a written request for the hearing to the court before the sixth day after the date the vehicle was placed in the storage facility. In computing time under this subsection. Saturdays, Sundays and legal holidays shall be excluded. A person who fails to deliver the request within the specified time period waives the right to the hearing. A written request hereunder shall contain the following information: (A) the name, address and telephone number of the owner of the motor vehicle; (B) the date and the location from which the motor vehicle was removed; (C) the name, address and telephone number of the person or law enforcement agency who authorized the removal; and (D) the name, address and telephone number of the vehicle storage facility where the motor vehicle was placed. ii. A hearing under this subsection shall be held before the fourth (4th) working day after the date the request for the hearing was received by the court. The court shall notify the motor vehicle's owner and the police chief of the City of the date, time and place of the hearing. The court may charge a filing fee of $10.00 for a hearing under this subsection and may award costs to the prevailing party. The sole issue in a hearing under this subsection is whether or not probable cause existed for the removal and placement of the motor vehicle-. The court shall make written findings and conclusions of law regarding the issue in the hearing. iii. If the court determines that probable cause existed for the removal and placement of the motor vehicle, the owner of the motor vehicle shall pay the costs of removing and storing the vehicle. If the court does not determine that probable cause existed for the removal and placement of the motor vehicle, the City shall pay the costs of removing and storing the vehicle. If the motor vehicle's owner paid removal or storage costs before the hearing, the City shall fully reimburse the owner. 4. The provisions of this subsection 19-12(i) shall not apply to a motor vehicle owned by or under the control of the owner or manager, or their duly authorized representative, of a private parking facility; or to a motor vehicle delivering goods or merchandise to a business located adjacent to the private parking facility." Section 2. This ordinance shall be cumulative of all other ordinances of the City affecting traffic or parking and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons 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 portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. 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 Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed Committed upon each day during or on which a violation occurs or continues. Section 5. 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. PASSED AND APPROVED by %h9 City Council Qf the City of The Colony, Texas on this the //~day of ~ ,19~- ~on a ; ATTEST: Patti A. Hicks, City Secretary APPROVED AS TO FORM: CITY ATTORNEY