HomeMy WebLinkAboutOrdinance No. 914 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 9 iq
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 19 ('q~RAFFIC") OF THE CODE OF
ORDINANCES OF THE CITY BY AMENDING SECTION 19-12
("PARKING REQUIREMENTS") BY ADDING A NEW PARAGRAPH
(K) RELATING TO THE PARKING AND STORING OF VEHICLES
ON PRIVATE PARKING FACILITIES; PROVIDING DEFINITIONS;
PROVIDING A PENALTY OF NOT LESS THAN $200 OR MORE
THAN $500 FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITYED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
Section 1. Amendment. Chapter 19 ('~Fraffic") of the Code of Ordinances of
the City of The colony, Texas is hereby amended in the following particulars, and all
other chapters, sections, subsections, paragraphs, sentences, phrases and words of the
said Code are not amended but are hereby approved and affirmed:
A. Section 19-12 relating to parking requirements is hereby amended by
adding paragraph (k) relating to the removal of vehicles from private parking areas to
read as follows:
"(k) Pdvate ParMng areas.
(1) Definitions. In this paragraph (k):
Parking facility means private property used, in whole or in part, for
restricted or paid vehicle parking. The term includes:
(i) a restricted space on a portion of an otherwise unrestricted
parking facility; and
(ii) a commercial parking lot, a parking garage, and a parking are
serving or adjacent to a business, church, school, home,
apartment complex, property governed by a property owners'
Page 1 of 4
association, or government-owned property leased to a
private person, including:
(a) a portion of the right-of-way of a public roadway that
is leased by a governmental entity to the parking
facility owner; and
(b) the area between the facility's property line abutting a
public road and the center line of the roadway's
drainageway or the curb or edge of the roadway,
whichever is farther from the facility's property line.
Parking facility owner means:
(i) an owner or operator of a parking facility, including a lessee,
employee or agent of an owner or operator;
(ii) a property owners' association having control under a
dedicatory instrument over assigned or unassigned parking
areas; or
(iii) a property owner having an exclusive right under a dedicatory
instrument to use a parking space.
Unauthorized vehicle means a vehicle parked, stored, or located on a
parking facility without the consent of the parking facility owner.
Vehicle means any device in, on, or by which a person or property
may be transported on a public roadway. The term includes an
operable or inoperable automobile, truck, motorcycle, recreational
vehicles, or trailer, but does not include a device moved by human
power or used exclusively on a stationary raft or track.
(2) Parking. stopping and standing of unauthorized vehicles: notice:
penalty..
(i) A person commits an offense if he parks, stores, locates, or
places an unauthorized vehicle. A vehicle is deemed to be
an unauthorized vehicle if the vehicle remains parked, stored,
located, or placed in a parking facility in excess of the time
prescribed in the notice required by Chapter 684, Texas
Transportation Code, as amended. The said time period set
Ordinance No.
Parking on Private Lots Page 2 of 4
forth in Chapter 684 are as follows:
(a) 24 hours, in the event that the parking facility owner
posts a sign in accordance with Chapter 684; or
(b) 14 days after the date of the postmark on the notice
sent by certified mail in accordance with Section
684.012(b) of Chapter 684; or
(c) immediately following the receipt by the owner or
operator of the unauthorized vehicle of actual notice
from the parking facility owner that the vehicle will be
towed if it is not removed from an unauthorized space.
(ii) The prohibition contained in paragraph (i) shall not apply
until such time that a parking facility owner has given notice
that unauthorized vehicles are not permitted in the parking
facility. Such notice shall be given in accordance with
Chapter 684, Texas Transportation Code, as amended, and
includes;
(a) the posing of a sign in accordance with Chapter 684;
or
(b) placing a conspicuous written notice on the
unauthorized vehicle's front windshield (or, ff not front
windshield to a conspicuous part of the vehicles) and
sending notice by certified mail in accordance with
Section 684.012(b) of Chapter 684; or
(c) giving of actual notice to the owner or operator of the
unauthorized vehicle by the parking facility owner that
the vehicle will be towed if it is not removed from an
unauthorized space.
(iii) A violation of this paragraph (k) is punishable be a frae of
not less than $200 or more than $500. A separate violation
shall be deemed committed upon each day during or on
which a violation occurs or continues."
Section 2. Savings. This ordinance shall be cumulative of all other ordinances or
provisions of the Code of Ordinances of the City affecting the parking of vehicles and
shall not repeal any of the provisions of those ordinances except in those instances where
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Parking on Private Lots Page 3 of 4
provisions of those ordinances are in direct conflict with the provisions of this ordinance.
Section 3. Severability. If any section, article, paragraph, sentence, danse, phrase
or word in this ordinance or application thereof to any person or circumstance 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. Effective date. This ordinance shall be come effective from and after
its date of passage and publication as required by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 4th day of December, 1995.
William W. Manning, Mayor (~
ATrEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance:No. ~'~,/ ~
Parking on Private Lots Page 4 of 4
PLACEMENT OF WRITTEN NOTICE ON THE VEHICLE
Notice is considered to have been given by the .ow~er of a parking facility if:
A. A co~spicuous notice has been attached to the vehicle's front windahield or, if the
vehicle has no front windshield, to a conspicuous part of the vehicle stating:
(I) that tile vehicle is in a parking space itl which the vehicle is not authorized to be
parked or stored;
(2) a description of all other unauthorized areas in the parking facility;
(3) that tile vehicle will be towed at tile expe~se of the owner or operator of the
vehicle if it remains in all unauthorized area of tile parking facility; and
(4) a telephone ~mmber that is a~tswered 24 t~urs a day to enable tile owner or
operator of the vehicle to locate the vehicle; attd
B. A notice is mailed after the notice is attached to the vehicle to the owner of the
vehicle by certified mail, remnl receipt requested, to the last address shown for the owner
according to the vehicle registration records of the Texas D~parlment of Transportation, or if
the vehicle is registered in another state, to the appropriate agency of that state.
This notice must:
(1) state that vehicle is in a space in which the vehicle is not authorized to be parked
or stored;
(2) describe all other unauthorized areas in the parking facility;
(3) contain a warning that the unauthorized vehicle will be towed at the expense of
the ow~er or operator if it is not removed from tile parking facility before the
15th day atter the postmark date of the notice; a~d
(4) state a telephonic number that is answered 24 hours a day to enable the owner to
locate the vehicle.
POSTING APPROPRIATE SIGNS
Notice is cosrsidered to have been properly given if the owner (or someone with the
owner's approval) posts sigtrs on a parking facility. Such notice must:
A. face and be eonspieuously visible to the driver of a vehicle that enters the parking
facility;
B. be located:
(I) on tim right or left side of each driveway or curb-cut through which a
vehicle can enter the parking facility (including an entry from an alley), or
(2) at intervals along the entrance so that no entrance is farther than 25 feet
from a sign if:
(a) curbs, access barriers, landscaping, or driveways do not establish
definite vehicle entrances onto a parking facility from a public roadway
other than an alley; and
Co) the width of an entrance exceeds 35 feet;
C. be pemlanently mounted on a pole, post, permanent wall, or permanent barrier;
D. be installed on the parking facility; and
E. be installed so that the bottom edge of the sign is no lower than five (5) feet and
no higher than eight (8) feet above grom~l level;
F. be made of weather resistant mamrial;
G. be at least 18 inches wide and 24 inches tall;
H. contain the international symbol tbr towing vehicles;
I. contain a staterr~nt describing who may park in thc parking facility and
prohibiting all others;
J. bear the words 'Unauthorized Vehicles Will Be Towed at Owner's or Operator's
K. contain a s~me~ of ~t~ days and ho~ of ~owing enfor~ment; ~1
L. contain a number, including the area code, of a telephone that is answered 24
hours a day to e~h~ble an owner or operator of a vehicle to locate the vehicle.
M. comply with the following requirements for color, lettering mid height:
ol-
(l) a bri§ht red international towing symbol, which is a ~olid silhouette of
Ww t~ck Wwing a vehicle on a ~erally ~cta~ular whi~ backgwund, at le~t
four (4) ine~s in Imi~t, must ~ m~ t~ up~m~ ~ion of a sign or on a
~ar~e sign plaid immediamly a~ve fl~e sign;
~) the ~n~n of tl~ sign inm~diamly below tie imen~ion~ ~wing ~m~l
mu~ conta~ the wor~ "Towi~ E~rc~d" or the i~br~tion ~qu~d by
paragr~h I. ~ove in letmring at le~t 2 indes in heist. The let~dng on this
poRion of tie sign must ~nsist of whi~ le~ on a bright md b~k~und
(however, bctbg l~u~y 1, 1~ ~c lcRcr~g ~y ~ co~t of britt ~d
lette~ on a whi~ b~k~u~);
(3) Except ~ provided in ~bparagraph (4) ~low, ~e ~e~ lower portion of
the si~ mu~ ~uain fl~e information ~t fo~ in p~agr~hs F fl~wugh L a~ve,
a~ such infomtat~n mu~ ~ displayed in bright ~ le~ ~ lemt I inch
height on a whim background;
(4) Tie ~tWmmog ~n of the sign nmst con,in the tel~ho~ numar
gqu~d by p~agraph L ~ leucr~g m le~t 1 ~ch ~ ~i~t ~d m~, if the
parking facili~ owlet ch~ or if fl~e City's ordina~ ~uims, include
n~e m~ ~dr~ of tie sWr~e facility W which an unm~odz~ ~hicle will
bc gm~cd. ~c lcttcr~g on ~g potion of thc si~ mu~ com~ of white lc~c~
on a bri~tt ~ b~k~und {however, before Janua~ 1, 1~6 ~e letm~ng may
~ ~i~ of bright gd lettc~ on a white b~kgr~nd).
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