0822OFFICIAL RECORD
ORDINANCE NO. 822
AN ORDINANCE AMENDING CHAPTER 18, "TRAFFIC AND
VEHICLES", ARTICLE V, "PARKING", OF THE SOUTHLAKE
MUNICIPAL CODE, BY ADDING A NEW SECTION TO CREATE A
PRESUMPTION IN A PROSECUTION FOR AN OFFENSE INVOLVING
THE PARKING, STANDING, OR STOPPING OF A MOTOR VEHICLE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERAB1LITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake is a home role city acting under its charter adopted
by the electoratc pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
l.ocal Government Code; and
WHEREAS, the City Council has authority to regulate the stopping, standing or parking
ol'motor vehicles within the city limits of the City; and
WHEREAS, at the Regular Session of the 77~h Legislature of the State of Texas, the
[-cgislatttre passed N.B. No. 2173 that amends Subchapter G, Chapter 545, Transportation Code,
by adding Section 545.308 that took effect on September 1, 2001; and
WHEREAS, Section 545.308 provides that the governing body of a local authority, by
ordinance, may provide that in a prosecution for an offense involving the stopping, standing, or
parking of an unattended motor vehicle it is presumed that the registered owner of the vehicle is
thc person who stopped, stood, or parked the vehicle at the time and place the offense occurred;
and
WHEREAS, the City Council desires to adopt an ordinance creating the presumption
provided for in Section 545.308.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE TEXAS:
SECTION 1.
AMENDMENT TO SOUTHLAKE MUNICIPAL CODE
Chapter 18, "Traffic and Vehicles", Article V, "Parking" of the Southlake Municipal
('ode, as amended, is hereby amended by adding a new Section 18-152 as follows:
"Sec. 18-152. Presumption in prosecution for offense involving
stopping, standing, or parking of an unattended
motor vehicle.
In a prosecution for an offense under this Article, involving the stopping, standing, or
parking of an unattended motor vehicle, it shall be presumed that the registered owner of
the vehicle is the person who stopped, stood, or parked the vehicle at the time and place
the offense occurred. The registered owner of the vehicle may rebut this presumption by
showing that he or she did not stop, stand or park the vehicle."
SECTION 2.
CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Southlake
Municipal Code, as amended, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event the conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 3.
SEVERABLE
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
afl':ct any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, siuce 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.
2
SECTION 4.
SAVINGS
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of any and all ordinances affecting parking of vehicles which have accrued at the time
of the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED ON FIRST READING ON THIS
& ttc l , 2002.
'7 ~r/~DAY OF
cIr~y SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS )~Q~ DAY OF
MAYOR
ATTEST:
CITer SECRETARY
APPROVED AS TO FORM AND LEGALITY:
C[ty Attorney ~
INVOICE
Spar-Telegram customer ID: CIT57
41 . W.7th Street Invoice Number: 209642591
WORTH,TX 76102
(s ")390-7761 l avoice Date: 1/11/02
F oral Tax ID 22-3148254 erms: Net due in 21 days
Due Date: 1/31/02
Bill Tc: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 20964259
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 1/11/02
Miegr, �,g�,
:
NOTIC_; OF PUBLIC HEARING CITY; 13580 1 58 58 LINE $6.08 $352.64
•
Sales D_ count NOTICE ARINGBLIC ($305.66)
CITY OF
SOUTHLAKE, TEXAS
NOTICE was hereby
given to all interested
parsons that the City
Council of the City of
Southlake,Texas,will Net Amount: S46.98
be holding a public
hearing during the
regular city council
meeting to be held on
January 22, 2002, at
7:00 p.m.The meeting
will be held in the City
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.Purpose of the
hearing will be held
regarding the follow-
inORDINANCE NO.
822
AN ORDINANCE
AMENDING CHAP-
TERAND 18VEH CLES",
"PARK LEG" OF THE
MU-
NICIPALSOI CODE,KE BY
ADDING A NEW
E-
THE ATE OF T SECTION
NPRESUMP-
Cour of Tarran PRESUMP-
TION FOROAN
OFFENSE INVOLV-
ING THE PARKING
Befo -ne,a Not STANDING, OFt . y y personally appe red Christy Holland, Bid an Legal Coordinator
STOPPwG OF Alld _count and State,this
for tr Star-Telec MOTODING EHTHAf St.'-Telegram, Inc. at F t rt in Tarrant ounty,Tex ; a d who,,a er being duly sworn,di
depc and say t SHALL BEDI CUMu_1g fan advertisement a u ed ill the a ,ova name p r on t e fisted s:
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV- Signed
ERABILITY CLAUSE;
PROVIDING A SAV-
SUB. RIBED AN INGS CLAUSE AND
PROVIDING AiV EF- 11/. .,THIS Tuesday,Jan ry 1 2002,
FECTIVE DATE. — (.ke0f79.1..„.
/s/Kim Bush
Acting City Secretary
city of Southlake, Notary Public
Texas
jo:►"r VICKI L.WASON
MY COMMISSION EXPIRES
Thank You For Your Payment " `` AUGUST 28,2004
Remit To: Star-Telegram Customer If): CIT57
P.O. Box 901051 Customer Name: CITY OF S... _ LAKE
FORT WORTH, TX 76101-2051 Invoice Number: 209642591
Invoice Amount: $4'.
PO Number:
Amount Enclosed: $....
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 210233481
FORT WORTH,TX 76102 Invoice Date: 1/25/02
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/02
Bf ! To: PO Number:
CITY OF SOUTHLAKE
14001v1A1N ST Order Number: 21023348
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTI-1 -=_
Publication Date: 1/25/02
i," xs<f Col Depth Linage .. I a .ate rnoc:s�
(, ' .Y OF SOUTHLAKE,TEXAS ORDIN 13580 1 49 49 LINE `p6.08 $297. 2
CITY OF
`_zS Discount S ORDINANCE NOS ($258.23)
822
AN ORDINANCE
AMENDING CHAP-
TER 18, "TRAFFIC
AND VEHICLES",
ARTICLE V $39.69
S PARKIN I" OF THE Net Amoun -
MU-
NICIPALI CODE, BY
SECTION TO CRE-
ATE A PRESUMP-
TION IN A PROSE-
CUTION FOR AN
OFFENSE INVOLV-
ING THE PARKING
STANDING, OFl
STOPPING OF A
MOTOR VEHICLE "---
PROVIDING THAT __`-- .. "_ _
THIS ORDINANCE j -I
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDING A SAV- 1. C)
PROVIDINGSAI'I AND
F--
U FECTIVE DATE.
PASSED AND AP-
• PROVED BY THE
THE STATE OF- CI COUNCIL OF
THE
County of Tarrar SOUTHLNAKETHIS TEXTH
AS, OE
22ND DAY OF JAN-
Before me,a No MAYOR:RICK STACY
y County and State hi day/personally appeared ChristyHolland,BEd and L
ATTEST: KIM BUSH, gal Coordinator
:or the Star-Tele. ACTING CITY SEC- Star-Telegram, Inc. t F rt orth, in Tarrant County,T as; nd who, after eing duly sworn,did
aepose and say 1 APPROVED AS TO ng of an advertise ent a blished in the above nam d p er on t: is d dat :
FORM: E. ALLEN
ATTTTORN�EYR., CITY
Signed
SUBSCRIBED At D SWORN TO BEFORE ME, THIS Monday,J uar , 2002
Notary Public
r5. '14k VICKI L.WASON
• a,J�`` MY COMMISSION EAP'REJ 1
1
".af+, AUGUST 28,201.1 I
Thank You For Your Payment ,,
R?mit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 210233431
Invoice Amount: $39.69
PO Number:
Amount Enclosed: � I