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Home My WebLink AboutORD 1250 - ORD Relating to Parking Designating Commercial Impact Zone . 1.1iI~lmllllUJ'li 1,1;. 1111111 1'1 I- Iii I 4 Ordinance No. 1250 AN ORDINANCE RELATING TO PARKING; DESIGNATING A COMMERCIAL IMPACT ZONE AND AUTHORIZING PERMITS FOR SUCH ZONE; PROVIDING FOR A DEFENSE FOR CERTAIN PARKING VIOLATIONS WITHIN A COMMERCIAb IMPACT ZONE AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT' WHEREAS, along Sunset Boulevard between Kirby Drive and Wakeforest Street, the proximity of commercial land uses has caused an extreme congestion and parking problem;' and' WHEREAS, the City Council has carefully studied the circumstances causing such problem and has received reports from the City staff, including a report from the Chief of Police; and WHEREAS, in the absence of parking controls and on the average weekday for a continuous period of time of one hour or more: (1) far more than 25% of the available parking spaces along that porti on of Sunset Boul evard were occupi ed by the vehicles of persons destined for the nearby commercial land uses, and (2) more than 75% of the total parking spaces along that portion of Sunset Boulevard were occupied; and WHEREAS, the City Council desires to establish regulatory program for such portion of Sunset Boulevard minimize hazardous traffic conditions, allow some access to preserve property values and protect the safety of children; a parki ng whi ch wi 11 residences, and WHEREAS, the City Counci 1 fi nds and determi nes that the program established by this ordinance will achieve such objectives and that it wi 11 also contri bute to the achi evement of other soci a 1 and environmental objectives, including the reduction of air pollution and noise pollution, the control of trash and litter, the preservation of the residential character of the neighborhood along Sunset Boulevard, the enhancement of the City I S abil ity to ma i ntai n its streets and the promotion of the general health, safety and welfare of the people; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ~ I I ! I '----.-I ~ I i i i '-----.J , I i I ~ 5 n Section 1. That Section 13-.1 of the Code of Ordinances, City of West University Place, Texas, is hereby amended -S09S to add the following defined term thereto: "Commercial impact zone (or GIl) means that part of Sunset Boulevard located b~tween Kirby Drive and Wakeforest Street." o Section 2. That Section 13-150 of the Code of Ordinances, City of West University Place, Texas, is hereby amended to read as follows: "Sec. 13-150. Parking in prohibited areas; overtime parking; commercial impact zones (a) It shall be unlawful for any pe,rson to cause, allow, permit or suffer any vehicle registered in his name or owned or operated by him or in hi s possess i on or under his control to be or remain in any space or area in which parking is prohibited as provided in section 13-149, or in a time limit parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible. (b) It shall be an affirmative defense to any prosecution for a violation of subsection (a) of this section that: ; I (i) There was, affixed to the vehicle:in question a valid CIl Permit, and (,ii) the vehicle in question was completely within a commercial impact zone, and (iii) the vehicle in question was parked in front of ,the premises identified on. the ell Permit or lin front of premises directly adjacent thereto. (c) The traffic control officer is authori?ed to issue a CIl Permit for a vehicle in the following circumstances: (i) the vehicle is owned or controlled by a person who has the ri ght to possess premi ses abutting the' .street in a commercial impact zone; and ' (i i) such person has applied in writing for the permit upon a form promulgated by the traffic control officer; and o (iii) such person has paid the fee for such permit; provided, however, no more than two ell Permits may be issued for any premises. '-----" . - l.L....llL.....L...-----l- i Lllll1..UlJ.lliUU .JI 11I1,11 '1I1l1..Ii~ . If Llll.WJ "I 6 (d) CIl Permits are temporary. They are valid only for one year or for'the term requested by the applicant, or until revoked, whichever period is shortest. A CIZ Permit may be revoked by the traffic control officer if the officer determines that, it was obtained by misrepresentation or mistake. or that the vehicle. would not be eligible for issuance' of a. new CIZ Permit if a new application were submitted by the same person who submitted the original application. No elZ Permit shall grant any property right or other' vested ri ght, and a 11 such permi ts remain subj ect to revocation, amendment or suspension at any time. (e) A CIZ Permit is invalid if: (i) it is not affixed to the vehicle for which it was issued in strict conformity with regulations promulgated for such purpose by the traffic control officer, or (i i) it does not beat the license place number of such vehicle; a description of the premises subject to possession or control of the applicant a~d the signature of the traffic control officer, or (iii) it has been revoked or suspended. (f) The fees for CIZ Permits shall be established from time to time by the City Counci1.11 Sect ion 3. Unt i 1 changed by motion, reso 1 ut i on or ord i nance du 1y adopted, the fee for a CIZPermit shall be $10. . If a second CIZ Permit is app 1 i ed for s imu 1 taneous 1y by the same person, the fee for the second CIZ Permit shall be $5. Section 4. If any work, 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 app1icati'on 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 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. il ! , I I , I '---I ~---, : I ~ 11 ~ 7 ~, '--..-' Section 6. 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, cons i dered or acted upon was gi ven 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 Ci ty Counci 1 rati fi es, approves and confi rms such noti CElS and the contents and posting thereof. PASSED AND APPROVED ONe FIRST READING this ~ day of December. 1985. Councilmembers Voting Aye: Mayor Parks, Co~ncilmembers Higley, Bryan, Cummings, Schwartzel Council members Voting No: None Councilmembers Absent: None PASSED AND APPROVED ON SECOND READING this 23rd day of December , 1985. ~ I I j i ~ Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Cummings Councilmembers Voting No: None Counci lmembers Absent: Coimci 1 members Hi gley, Schwartze 1 Michael L. Parks, Mayor ATTEST: Audrey Nichols, City Secretary (SEAL) APPROVED AS TO FORM: w James L. Dougherty, City Attorney L___--'--'~__..~ ,--_.__.l_~IU___~_~__~__ _ 'Ii ill _I" "IL.L:l1Iill.1L11l:.l.1: