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HomeMy WebLinkAboutOrdinance No. 09-1812 CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1812 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, CHAPTER 14, PARKS AND RECREATION, BY AMENDING SECTION 14-5, DRIVING AND PARKING OF VEHICLES, TO PROVIDE FOR HOURS OF VEHICLE ACCESS TO PUBLIC PARKING LOTS; PROVIDING THE CITY AUTHORITY TO TOW VEHICLES VIOLATING THIS ORDINANCE; PROVIDING THE COLONY POLICE DEPARTMENT AUTHORITY TO ENFORCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Code of Ordinances of the City of The Colony, Texas ("City") be, and the same is, hereby amended by amending Chapter 14, Parks and Recreation, by amending Section 14-5 to provide for hours of vehicle access to public parking lots, providing the City authority to tow vehicles violating this ordinance, and providing The Colony Police Department authority to enforce, which shall read as follows: "Chapter 14 Sec. 14-5. Driving and parking vehicles. (a) All vehicles shall park only in the areas designated for vehicle parking and all parking shall take place outside of the boundary or curbline, where existing, and in accordance with the following provisions: (1) No vehicle shall be driven over or across the curbs, sidewalks, grass or lawn within any park area unless signs permit. (2) Where parking stalls have been designated all vehicles shall be parked on such lots within and between the lines designating a single vehicle parking space and not otherwise. (3) Where parking lots or areas within public parks of the city have been designated for head-in parking to front on a visible parking line without delineated single vehicle spaces, the front of the vehicle shall be placed on the parking line and as near as practicable to side of the last parked vehicle in line. Page 1 TM 37660.76.000 (4) No vehicle shall be parked or left behind any other vehicle in the parking line or back of such parking line in any manner so as to obstruct, block or hinder ingress or egress from the line. (5) Where there are posting park hours or it is posted that a park is closed a certain portion of the day or night, it shall be unlawful to park a vehicle or allow a vehicle to remain parked in the park parking lot after the park closes and before the park opens again to the public. Where a vehicle is parked or left in violation of this subsection and the parking lot is posted with signs in accordance with subsection (d) below, the vehicle may be towed from the parking lot and stored at the direction of The Colony Police Department. The registered owner or operator of the towed vehicle shall be required to pay all costs associated with towing the vehicle from the parking lot. (b) Officers of The Colony Police Department shall have the authority and be responsible for the enforcement of any violation of this section, including, but not limited to, issuing an owner or operator of a vehicle in violation of this section a citation or notice to answer to charges in the manner prescribed by this or any other applicable ordinance(s). (c) Where a vehicle is parked or left in violation of this section in such a manner as to obstruct or block traffic and the owner or operator of the vehicle cannot be found, police officers of the city may move the vehicle so that traffic will not be impeded. (d) Before a vehicle may be towed in accordance with subsection (a)(5) above, there shall be erected a sign at each designated entrance to the parking lot that faces and is conspicuously visible to the driver of a vehicle that enters the parking lot indicating that vehicles parked or remaining in the parking lot after the lot closes will be towed at the owner's or operator's expense. (d) No variation to the requirements of this section shall be allowed except by special permit issued by the community services director. SECTION 2. 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 3_ That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Page 2 TM 37660.76.000 SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6th day of July, 2009. l J e McCo , Mayor ATTEST: ristie Wilson, City Secretary APPR A O RM: z4 Robert E. Hager, Attorney (REH/ww rev 09) Page 3 TM 37660.76.000