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0639ORDINANCE NO. 639 AN ORDINANCE AUTHORIZING PRIVATE BUSINESSES TO POST SIGNS LIMITING ACCESS TO THE BUSINESS PREMISES; CREATING AN OFFENSE FOR VIOLATING THE LIMITATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that in order to protect the health safety and welfare of its citizens and to assure that business parking areas are not unnecessarily obstructed with the congregation of person's and vehicles and that parking areas are available for use by business customers during business hours; and WHEREAS, after business hours, the congregation of person's and vehicles on business parking areas, in violation of posted signs, has resulted in cases of chemical abuse, littering, loud and raucous noise, gang activity, and vandalism; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTIILAKE, TEXAS: SECTION 1. Definitions. In this ordinance: CITY means the city of Southlake, Texas. PARKING AND ACCESS AREA means the private property surrounding a private business, which is used for parking vehicles of the customers of the business or as roadways giving access to the business and its parking areas, including grass, concrete, or other dividing and perimeter areas. PRIVATE BUSINESS PREMISES means the business structure and the parking and access areas of a business or a number of businesses. SEL'I'ION 2. Posting signs. (a) The owner or operator of a private business premises may post a sign or signs at or near entrances to the parking and access areas of the business, stating words conveying the following meaning: "Parking and access through this area are reserved for customers of the business(es) only. Others on the premises are in violation of city ordinance" (b) When signs are posted as descn~ed in Subsection (a), the parking and access areas of the private business premises are reserved for the customers of the business or businesses located on the private business premises. (c) Signs posted pursuant to Subsection (a) must: (1) be a minimum 12" x 18" in size; (2) must be posted in a conspicuous place at or near the entrances to the parking and access area of the private business premises: and (3) must be easily read by persons entering the area. SECTION 3. Violations. (a) A person commits an offense if the person enters upon the parking and access area of a private business premises where a sign or signs as described in Section 2(a) are posted at or near the entrances, and the person is not patronizing or attempting to patronize a business located on the private business premises. (b) It is prima facia evidence that a person has committed an offense under Subsection (a) if the person: (1) enters the parking and access area of a private business premises in a motor vehicle and exits the parking and access area more than once within a close proximity -2- of time without parking and entering a business located on the private business premises; or (2) remains on the parking and access area of a private business premises either without patronizing a business or upon completion of patronizing a business on the premises. (c) It is a defense to prosecution under Subsection (a) that the person: (1) has permission from the owner or operator of the parking area, to park a motor vehicle in the parking area, and the owner or operator has notified the Southlake Department of Public Safety that permission has been given; or (2) is an employee of a business located on the premises who has parked a motor vehicle in a parking area of the premises while engaged in the employment. ~ECrION 4. Determination of violation. In determining whether a violation of Section 3(a) has occurred, an officer shall take the following factors into consideration: (a) the amount of time the person spends in the parking and access area when not engaged in patronizing a business; (b) whether the person has joined others who have congregated in a parking and access area; (c) whether the business or businesses are open. SECTION 5. Towing of vehicles. This ordinance does not alter the city's policy concerning the towing of vehicles. The city does not tow vehicles from private property unless the tow is in connection with other police activity. SECTION 6. Cumulative clause. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 7. Severability clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Penalty clause. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fmed not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. Pamphlet form publication clause. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than their production. SECYION 10. Newspaper publication clause. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11. Effective date clause. This ordinance shah be in full force and effect from and after its passage and publication as required by law, and it is so ordained. AND APPROVED ON FIRST READING ON THIS ff~] DAY OF , 1995. PASSED AND APPROVED ON SECOND READING ON THIS , 1995. DAY OF ~ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney ,/'~, slake\ordinanc\shopcnt r.ord -5- -Tele ram FED. I D. NO. 22-3148254 Fort Worth Star AD INVOICE NO. 201131 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7 ACCOUNT NO. — " STATE OF TEXAS my of Tarrant re me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RTVFRA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram 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 published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 7/07ME 201131 NOTICE OF PUBLIC I358 1x 54L 54 . 55 29. 70 07/07-07/0? NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PER- SONS that the City Council of of the City of Southlake, Texas,will be holding a pub- lic hearing during the Regu- lar City Council meeting to be held on July 18, 1995, beginning at 7:00 p.m. The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll - -- - - Avenue, Southlake, Texas. The purpose of the public hearing is to consider the following ordinance: ORDNANCE NO.639 AN ORDINANCE AUTHORIZ- • ING PRIVATE BUSINESSES TO POST SIGNS LIMITING BUSINESS ACCESS EMISTO; THE CREATING AN Alt9.Lt-17/0-- �� OFFENSE FOR OLATING , SIGNED NS,' PROVID- • ING THAT THIOS ORDINANCE SHALL BE CUMULATIVE OFIII f ALL ORDINANCES' PROVID-1 SCRIBED AND SV\ ING A SEVERABILITY ME, THIS THE 19TH DAY OF 1995 CLAUSES; PROVIDING A‘1.-111~ PENALTY FOR VIOLATIONS; /t �/ PROVIDING FOR PUBLICA-�rnandez Notary Public /YVY TION IN PAMPHLET FORM; OFFICE OF e TION PROVIDING FOR OFFICAL Expires r.,ETAS] NEWSPAPER' AND PROVID-4, 1998 CITYSEC 11�1Y i ING AN EFFECTIVE DATE N ►• SECTION 8.Penalty clause. TARRAN OUNTY,TEXAS Any person, firm or corpora ` tion who violates, disobeys, i omits, neglects or refuses to comply with or who re- •PLEASE PAY THIS O of theprrovisonsofthisfordi-iND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! nance shall be fined not more than$500 for each of- Ac.--- fense.Each day that a viola-RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- tion is permitted to exist shall constitute a separate offense. City of Secretary,Texas Sandra L.LeGrand City Secretary Fort Worth Star-"I'elegrarn REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 201131 ACCOUNT C I T 5 7 AMOUNT 29. 70 NUMBER DUE PAGE 1 OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501 CITY OF SOUTHLAKE ATTN : sandra 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 29 . 70 PLEASE PAY THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED