HomeMy WebLinkAboutORD 1307 - ORD Relating to Parking Vehicles in Ceratin Areas Upon Private & Public Property
19
I:
ORDINANCE NUMBER 1307
AN ORDINANCE RELATING TO PARKING OF VEHICLES IN CERTAIN AREAS UPON
PRIVATE AND PUBLIC PROPERTY; AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That paragraph (3) of Subsection (a) of Section 13-141
of the Code of Ordinances of the City of West University Place, Texas,
is hereby amended to read in its entirety as follows:
(3) Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually
engaged in loading o~ unloading merchandise or
passengers:
- ,
a. Within fifty (50) feet of the nearest fail or
a railroad crossing.
o
b. At any place where official signs prohibit
parking.
c. Upon any area~ whether privately-owned or not,
which is not covered by Hard-surfaced pavement
or all-weather gravel surfacing, -except upon a
street.
Section 2. That Subsection (a) of Section 13-141 of the Code of
Ordinances of the City of West University Place, Texas, is hereby
amended by adding a new paragraph (4) to read as follows:
(4) Park a heavy truck, a boat, a recreational or
utility vehicle, a trailer or any detached part of
any of them overnight on a street, on private
property or at any other place: (1) outs i de of a
qualified storage area and (ii) on any two or more
days out of any period of thirty consecutive days.
Section 3. That the Code of Ordinances of the City of West
University Place, Texas is hereby amended to.add a new section, which
said section reads as follows:
fl
Sec. 158. Presumption arising from ownership or control of
private property.
In any prosecution charging a violation of Section 137141,
proof that the vehicle in que~tionwas parked upon private
property for two hours or more, together with proof that the
person charged was the owner of said property at that time, shall
, ,.......
I~l"",
,-1"1 ,,11;~II'tll.IIIIII.,.iI:.'
20
Ordinance Number 1307, Page 2
constitute prima facie evidence that the person charged parked
the vehicle in question at such time.
~---,
i i
I
! I
L-l
Section 4. That Section 13-1 of the Code of Ordinances of the
City of West University Place, Texas, is hereby amended by adding
certain definitions, which shall be inserted in appropriate
alphabetical order, said definitions reading s follows:
"Heavy truck" means a truck with more than two axles or
with an overall length greater than 30 feet.
"Recreational or Utility Vehicle" means a motor home, a
motor vehicle with a gross vehicle weight greater than
12,000 pounds or any "camper" body attached to or
detached from a motor vehicle.
"Overnight" means at any time between the hours of 2:00
a.m. and 4:00 a.m.
"Building site" has the same meaning as in the City's
zoning ordinance.
"Qualified storage area: means a place which is: (i)
covered by hard-surfaced pavement or all-weather gravel
surfacing and (ii) located completely upon private
property, (iii) located at least 20 feet from the
nearest portion of any street fronting on the property
and behind the front main building wall of a building
(if any) on the same building site, and (iv) located no
closer to any side street than an existing garage on the
same property or 10 feet, in case there is not such
garage.
Section 5. If any word, phrase, clause, sentence, 'paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 6. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 7. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon ~as given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Ordinance Number 1307, Page 3
o
21
Section 8. This ordina~ce takes effect on the tenth day following
its publication.
PASSED AND APPROVED ON FIRST READING this the 23rd day of
November, 1987.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Councilmembers Bryan, Bell, Britton
Mayor Parks, Councilmember
Schwartzel
None
PASSED AND APPROVED ON SECOND READING AS AMENDED this the lltb
day of January , 1988. -----
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
L
ATTEST:
Audrey Nichols
City Secretary
(SEAL)
5411:ord11287-1+
rii
Li
Mayor Parks, Councilmembers Bryan,
Bell, Britton
Councilmember Schwartzel
None
Michael L. Parks, Mayor
Approved as to Form:
James L. Dougherty, Jr.
City Attorney