Loading...
0323ORDINANCE NO. 323 AN ORDINANCE PROHIBITING THE PARKING OF MOTOR VEHICLES IN CERTAIN AREAS; ESTABLISHING AREAS IN WHICH MOTOR VEHICLES ARE PROHIBITED FROM PARKING; ESTABLISHING A PROCEDURE FOR DETERMINING AREAS IN THE FUTURE WITHIN WHICH AREAS MOTOR VEHICLES WILL BE PROHIBITED FROM PAP~KING; PROVIDING FOR THE POSTING OF SIGNS IN AREAS WHERE MOTOR VEHICLES ARE PROHIBITED FROM PARKING; WHEREAS, the City of Southlake, Texas, currently has no ordinance to control the parking of motor vehicles other than to prohibit parking within established, marked fire lanes; and WHEREAS, the City of Southlake has now grown to a size which necessitates that parking be prohibited in certain areas at the present time and in other areas in the future as the growth of the city continues. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SOUTHLAKE, TEXAS THAT: Section (1): Ten feet of roadway to be left available for traffic. No person shall stop, stand or park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of either lane of a roadway for free movement of the vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals of a police officer. Section (2): Parking Near Intersections. It shall be unlawful to park any motor vehicle on any public street closer than thirty-five (35) feet from the intersection of the pavement line of such public street with the pavement line of the other street (such pavement line being extended if necessary to determine the intersection point). Section (3): Prohibited For Certain Purposes. No person shall stand or park a vehicle upon any roadway for the principal purpose of : (1). Displaying it for sale. (2). Washing, greasing, filling with gas or oil or repairing such vehicle, execept repairs necessitated by an emergency. Section (4): Designation and Marking of Parking Spaces and Areas Where Parkinq is Prohibited or Limited. The Chief of Police shall cause parking spaces to be maintained and marked off in and on such streets and parts thereof as may be designated by the City Council from time to time and he shall cause spaces in which parking is prohibited to be maintained and marked off and /or posted in and on such streets and parts thereof as may be designated by the City Council from time to time. The Chief of Police shall also cause time limi% parking areas to be maintained and marked off and/or posted in and on such part or parts of streets as may be designated by the City Council from time to time. The Chief of Police shall also, from time to time as either he or the City Council deem appropriate, prepare a listing of locations at which the said chief deem~ it advisable to prohibit parking totally or in some other way or manner limit parking in accordance with this ordinance and upon submission of such list and recommendations to the City Council for action, such City Council shall act upon such list in any manner desired by a majority vote of the members of the City Council then present and voting. All such places or areas shall be clearly indicated by appropriate signs or markings on the pavement. In areas designated as time limit parking areas, parking may be limited to any period prescribed by the City Council, the same to be designated with clearly distinguishable markings or signs at both ends of the time limit areas and at reasonable intervals between the beginning and ending of such time limit area, with such s~gns to indicate the time allowed for parking in such area. Any time limit on parking established under this Seciton Four shall apply on such days and between such hours as prescribed by the Council. Section (5): Parallel Parking. Except as otherwise authorized, it shall be unlawful to park any character of vehicle upon any street, except as otherwise provided in this ordinance in any other manner than that the uehicle shall be parallel with the street upon which it is parked and upon the right side thereof, determined by the direction said vehicle is headed, and parked so that the wheels on the right-hand side of ~said uehicle shall be within eighteen (18) inches of the curb or edge of the roadway. Section (6): Angle Parking. It shall be lawful to park vehicles at any angle not greater than forty-five (45) degrees to the line of traffic at such places in the city as the City Council shall by resolution determine that angle parking shall be permitted and shall cause the same to be marked or posted; and in all places where sidewalks have been set back and provisions made for parking vehicles across or inside of the usual curbline on any street in the city. In leaving said angle parking space, vehicles shall not be backed into the traffic lane any further than necessary to get straightened out and faced in the proper direction for traffic between said space and center of the street. Section (7): Restricted Parkinq. (A) No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or traffic control device, in any of the following places: On a sidewalk; In front of a public or private driveway; Within an intersection; Within fifteen (15) feet of a fire hydrant; (1) (2) (3) (4) (5) On a crosswalk; (6) Within twenty (20) feet of a crosswalk at an intersection; (7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of the roadway; (s) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of the safety zone, unless the traffic authority indicates a different length by signs or markings; (9) Within fifty (50) feet of the nearest rail of a railroad crossing; (10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted); (11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; (12) On the roadway side of any vehicle stopped or parked at the edge of or curb of a street; (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (14) At any place where official signs prohibit stopping; (15) In any alley. (B) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (C) No truck in excess of one and one-half (1 1/2) tons according to manufacturer's classification or any truck, tractor, trailer-rig, trailer or bus shall be parked in any residential area; provided, however, a truck shall be permitted to park in a residential area only for the time necessary for loading, unloading or the delivery of goods, wares and merchandise. This section shall not prohibit the parking of a motor home upon residential property. (D) NO person shall park a vehicle upon any public street in the city in the same location for more than twenty-four (24) continuous hours except when such vehicle is parked in front of and adjacent to real property owned by the owner of the vehicle, in which case such vehicle may remain so parked for a period up to seventy-two (72) continuous hours. Section (8): Unattended Motor Vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, and effectively setting the brake thereon, and, when standing upon any grade, turning the front wheels to the curb or side of highway. Section (9): Responsibility of Owner for Illegal Parking. No person shall allow, suffer or permit any vehicle registered in his name to stand or be parked in any street in the city in violation of any of the ordinances of the city regulating the standing uehicles. or parking of Section (10): Parkin~ Or Standing in Fire Lanes. NO person shall park a vehicle within a fire lane in such a manner or under such conditions as to have available less than twenty (20) feet of the width of the roadway of said fire lane for the free movement of vehicular traffic within a fire lane or in such a position as to block the entrance, exit or any part thereof. Section (11): Tow Away Zones. (A) In addition to signs regulating stopping, standing or parking of motor vehicles upon any public street or highway within the City of Southlake, the Chief of Police of such city may, with the approval of a majority vote of such city, or at the direction of such City Council upon majority vote, supplement any such sign with an additional sign stating "TOW AWAY ZONE" The use of signs stating "TOW AWAY ZONE" or the like shall not, however, prohibit the removal by the city of any vehicle found in any area not so marked if such removal is in conformity with any provision of Section 7 of this ordinance. (B) Any unredeemed impounded vehicle may be disposed of as provided by the Texas "abandoned motor vehicle" statute. (C) Any vehicle found stopped or standing or parked in or upon any public street or other public place in violation of any provision of Section 7 of this ordinance shall be deemed to be a nuisance per se and any such vehicle shall be removed in the manner and to a place as authorized herein. (D) Any vehicle, or any other property, found on any public street or other public place under any circumstances hereinafter set forth shall be deemed to be a nuisance per se, and may be removed in the manner and to the place provided by this ordinance (provided, hcwever, that such listed circumstances shall not be deemed exclusive or prohibit such removal in any circumstances not listed): (1) When any vehicle or any other property constitutes an obstruction to traffic by being left unattended upon any bridge, viaduct, or causeway, or in any underpass or tunnel; (2) When any vehicle is found upon a street, or highway, and information has been reported to the effect that such vehicle has been stolen or complaint has been filed and a warrant hereon issued charging that such vehicle has been embezzled; (3) When there are reasonable grounds to believe that any vehicle has been abandoned; (4) When a vehicle upon a street, or highway, is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the diabled vehicle; (5) When a police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by law required to take the person arrested immediately before a magistrate; (6) When any vehicle is parked or standing in or on any portion of street, or highway, in such a manner that the vehicle constitutes a hazard, Or interferes with a normal function of a goverrumental agency, or by reason of any catastrophe, emergency, or unusual circumstance the safety of said vehicle is imperiled; and (7) When any vehicle is stopped or standing or parked in a manner prohibited by Texas law or by this ordinance, or when any vehicle is stopped or standing or parked in violation of any official sign or other traffic-control device where said sign or device gives notice of a tow away zone. (E) Any vehicle which is towed or removed from any public street or public place pursuant to this ordinance shall be released to the owner thereof upon payment of all charges levied to the city by any private wrecker company employed for such purpose and upon presentation of proof of ownership of such vehicle by such individual. It shall be the responsibility of any person whose vehicle is towed or removed from any public street or public place to contact the Southlake Police Department to determine the location oi such impounded or towed vehicle and the charges which must be paid prior to the release of such vehicle. Section (12): Special Parking for Disabled Persons. (A) The Chief of'Police and persons who own or control property used for parking are hereby authorized to designate one (1) or more parking spaces, parking area, or parking areas for the exclusive use of vehicles transporting temporarily or permanently disabled persons as those terms are defined in Texas Revised Civil Statutes Annotated Article 6675a-5e.1 and pursuant to said statute. (B) The Chief of Police or other appropriate city official and persons who own or control property used for parking shall designate the space, spaces, or area by posting in a conspicuous place signs that conform with the design and posting requirements of Section 5 of Article 6675a-5e.1, Texas Revised Civil Statutes Annotated, as follows: (1) Nonmovable; (2) permanently mounted on the top of a pole that sits at least five (5) feet in height above the ground; (3) Reflects a profile view of a wheelchair with an occupant in white on a blue background; (4) Size of sign shall be twelve (12) inches wide by eighteen (18) inches high; (5) Notice of penalty shall be set out in a separate sign (twelve (12) inches wide by nine (9) inches high) located immediately beneath the sign that depicts the wheelchair with the following language stated on that sign: Penalty $50 to $200 (City Ordinance # 323) (6) Parking space(s) shall be at ]east fourteen (14) feet wide by twenty-one (21) feet long. (3) Compliance with State Law. All requirements of Article 6675a- 5e.1, Texas Revised Civil Statutes Annotated are to be complied with by the parties posting such signs relative to designation of parking spaces for the disabled and the posting of same. (4) Vehicles to Display Identification. Ail vehicles parking in designated parking spaces shall display the identification issued by the state department of highways and public transportation pursuant to Texas Revised Civil Statutes Annotated Article 6675a-5e.1. ~5) Penalty-Parkin~ Violations. (A) A person commits an offense if the person is neither temporarily nor permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled person identification card in any parking space or parking area designated specifically for the diabled. (B) A person commits an offense if the person parks a uehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the diabled. (C) A person commits an offense if the person parks a vehicle so that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled. (D) An offense under this section is punishable by a fine of not less than Fifty dollars ($50.00) nor more than Two Hundred dollars ($200.00). Section (13): Penalties, other than for Section Twelve. Except as provided in section Twelve, above, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not to exceed Two Hundred dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section (14): Posting of Signs Generally. The Chief of Police shall, prior to the enforcement of any violation of Sections 4,10,11, or 12 of this Ordinance prohibiting parking, post a sign which shall be clearly visible to the driving public stating the proibition of parking at the particular location where such parking is prohibited and setting forth thereon any hours of limitation of parking or any other special limitations for parking and stating, if applicable, that such area is a Tow Away Zone. Such sign shall be of a size, color and type of print and shall be erected at a height from the ground so as to comply with all laws of the State of Texas and with all rules, regulations and policies of the City of So~thlake. This section shall, however, be interpreted to require nor is it in any way intended to require the posting of a sign of any nature for any parking prohibited by Section 7 of this ordinance, including warning signs that a vehicle may be towed away from any area set forth in Section 7. Section (15): Authorized Emergency Vehicles Excepted. Authorized emergency vehicles shall not be prohibited from parking any space or location which would otherwise violate any provision of this ordinance when such parking is incidental to and results from an emergency to which such vehicle is responding. Section (16): Should any section, subsection, clause or paragraph of this ordinance be declared or determined to be invalid or unconstitutional, then it is the intent of the City Council of the City of Southlake, that such invalidity or unconstitutionality shall not affect the remaining portion or portions of this ordinance, and such remaining portion or portions of this ordinance would have been passed and adopted notwithstanding the invalidity or unconstitutionality of the other portion or portions. Section (17): This ordinance shall be in addition to and not cumulative of any other ordinances of the City of Southlake and this ordinance shall not be intended to, and it shall not, repeal any such prior ordinance or part thereof, except when any such prior ordinance or part is in direct contradiction of any term or provision of this ordinance, in which case this ordinance shall be deemed to control, and the portion of the ordinance in contradiction which this ordinance shall be deemed to have been repealed. Section (18): Effective Date and Publication. This ordinance shall be and become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 18 day of February, 1986, by a vote of 4 ayes, and __0 nays, and 0 abs~ hla~, Texa~ Att st: -~Andy LeGrande City Secretary Approved as to form: william H. Smith City Attorney THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF 5OUTLAKE, TEXAS, THAT: PASSLD AND APPROVED TIlIS TtiE 18~h DAY dF FEBRUARY, 1986. ATT ST: City of Southlake, Texas RESOLUTION NO.90-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE ESTABLISHED AREA IN WHICH MOTOR VEHICLES ARE PROHIBITED FROM PARKING WITHIN THE CITY OF SOUTHLAKE, AS PROVIDED IN ORDINANCE NO. 323. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, deems it to be in the best interest of the citizens of the City to have "No Parking" areas and "Tow Away Zones"; and, WHEREAS, Ordinance No. 323 was approved by the City Council on September 18, 1986, establishing criteria for "No Parking" and "Tow Away Zones"; and, WHEREAS, Resolution 86-17 was approved on February 18, 1986, which provides a list of specific streets and specific locations for off street parking; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1: That Resolution 86-17 remain in effect with the following amendments: NORTH WHITE CHAPEL BOULEVARD AT HIGHWAY 114: From Highway 114 south of stop sign going south 929 feet on White Chapel Blvd, both sides of the street. RAVENAUX DRIVE AT INTERSECTION OF NORTH WHITE CHAPEL BOULEVARD: From street sign at intersection to 523 feet west on Ravenaux Drive, both sides of the street. Section 2: That this Resolution shall become effective upon passage of the City Council. CITY OF SOUTHLAKE, TEXAS r • • • THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Barbara Gull c:k Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was 89 published in the above named paper on the following dares: ------ ORDINANCE NO.323 AFebruary 26 , 1986 IN THE ARK1NGNCE OFMO- ING THE PARKING OF MO- TOR VEHICLES IN CERTAIN AREA; ESTABLISHING AREAS IN WHICH MOTOR Northeast Extra VEHICLES ARE PROHIBIT- ED FROM PARKING: ES- How Orde TABLISHING A PROCE• DURE FOR DETERMINING AREAS IN THE FUTURE WITHIN WHICH AREAS MO- TOR VEHICLES WILL BE Date Start PROHIBITED FROM PARK- . ING: ESTABLISHINIG A PROCEDURE FOR DETER- MINING AREAS IN THE FU- CIa55 NO. Signed TURE WITHIN WHICH AREAS MOTOR VEHICLES WILL BE PROHIBITED FROM PARKING: PROVID- Subscribed and sworn to before me, this the 2 6 ING FOR THE POSTING OF - •_�6 SIGNS IN AREAS WHERE / MOTOR VEHICLES ARE PROHIBITED FROM PAR K•�. Notary Public ..ING. Section: 12-5.Penalty-Parking Ti� as. Violations. (a)A person corn- mlts an offense in the person Is Notary Expirat neither tempor nor ore-89 manently disabledled nor trans- porting a temporarily or per- manently disabled person and parks a vehicle with such spe- cial devlceor displaying a tem- porarily disabiedperson Identi- fication card In any parking spaceorparkingareadeslgnet- ed soecirfically for the dis- abled. (b) A person commits an of- tense if the person parks a vehi- cle neither displaying the spe- commits an of. cial device nor displaying a sonparks a vehl. temporarily disabled person vehicle blocks ar Identification card Ina parking.b ramp or an soaceorparkingareadesignat•aural Improve edspecificallyforthedisabied. to aid the dls. (c) A person commits an of- fense if theperson parks a vehi- under this sec cle so that the veh icle block s an blebyaflrteofnot access or curb ramp or any.y dollars ($50.) other architectural Improve-n Two Hundred rnent designed to aid the dis->DI abled. 'enallties, other (d)An offense under this sec- on Twelve. Ex- tionlspunlshablebyafineof not ided in section less than Fifty dollars (s50.) any Per son vio- nor more than Two Hundred provisions of dollars(S200.00). shall be deemed Section 13. Penallties, other sdemeanor and than for Section Twelve. Ex- n thereof, shall cent as provided In section fm not to exceed Twelve,above any person vio- lollars(s200.pot, lating any of the provisions of 'offense shall be this oridnance shall bedeemed tilted upon each guilty of a misdemeanor and onwhichaviola- upon conviction thereof, shato be fined in sum not to exceed ffective Date of TwoHundreddollars(s200.00), This ordinance and a separate offense shall be *come effective deemed committed upon each .Its passage and day during or on which a viola. requiredbylaw. (Ion occurs. pproved this the Section 18. Effective Date of tbruarv,1986. Publication. This ordinance ,lord O.Latta Jr. shall be and become effective Mayor from and after Its passage and ATTEST, publicationasreauiredbylaw. ndra L.LeGrand Passed and approved this the City Secretary 18th day of February 1986. Approved as /s/Lloyd O.Latta Jr. to Form: Mayor William H.Smith ATTEST: /s/Sandra L.LeGrand City Secretary Approved as to Form: is/William H.Smith