HomeMy WebLinkAboutORD 3028 Amending Chapter 46 Prohibiting Commercial Parking on KirbyCity of West University Place
Harris County, Texas
ORDINANCE NO. 3028
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, AMENDING CHAPTER 46, MOTOR VEHICLES AND TRAFFIC, OF
THE CODE OF ORDINANCES, BY ADOPTING A NEW SECTION 46-56 PROHIBITING
A BUSINESS ON KIRBY DRIVE FROM USING A STREET IN A RESIDENTIAL
DISTRICT FOR EMPLOYEE OR BUSINESS PARKING; PROVIDING A PENALTY UP
TO $500.00 FOR EACH VIOLATION; PROVIDING FOR PUBLICATION; AND MAKING
OTHER FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, pursuant to its authority under the Texas Constitution, the City Charter and
the laws of this state, the City Council of the City of West University Place, Texas has
adopted traffic regulations to protect the public health, safety and welfare; and
WHEREAS, the City Council finds that the increased parking on the streets in the
residential districts near Kirby Drive, a major commercial thoroughfare, by the employees
of the businesses on Kirby Drive detracts from the community appearance and creates a
special hazard and concern for the safety of the residents of the city due to traffic in the
residential areas in proximity to Kirby Drive; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS THAT:
Section 1. Chapter 46, Motor Vehicles and Traffic of the Code of Ordinances of
the City of West University Place, Texas, is amended by the addition of a new Section
46-56 to read as follows:
"Chapter 46 — MOTOR VEHICLES AND TRAFFIC
ARTICLE I. IN GENERAL
Sec. 46-56. Business and employee parking in residential district prohibited.
a. A person commits an offense if the person owns or operates a business on
property adjacent to Kirby Drive and the person parks, or permits another person to park,
a vehicle on a street in a residential district within 1,200 feet of the business when the
business is open and within two hours of the opening or closing of the business.
b. It shall be presumed that a person parked a vehicle with the permission of the
owner and operator of a business if the person is an employee of the business and the
vehicle is parked within 1,200 feet of the business when the business is open or within
two hours of the opening or closing of the business."
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Section 2. Savings/Repealing Provision. All ordinances and parts of ordinances
in conflict with this ordinance are repealed to the extent of the conflict only.
Section 3. Severability. If any provision of this ordinance shall be held to be
invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof.
Section 4. Penalty; Notice.
a. A violation of this ordinance shall be a Class C misdemeanor, and the
penalty for violating this ordinance shall be a fine not exceeding five hundred and No/100
Dollars ($500.00) for each offense.
b. In addition to publication of this ordinance as required by Section 5, the City
Manager may give notice of this ordinance to the owner or operator of a business by
either mailing a copy of this ordinance to the business or by having a copy of this
ordinance hand -delivered to the business.
Section 5. Effective Date. This ordinance takes effect immediately upon its
passage and adoption on second reading and the publication of the caption, as required
by the City Charter and state law.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 11th day of
April, 2022.
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PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
5th day of April, 2022.
retary (Seal)
Approved as to form:
Signed:
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Mayor
Recommended:
Olson & Olson, LLP, City Attorney ity Manager
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