Item 7ACity of Southlake, Texas
MEMORANDUM
January 18, 2002
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Ordinance No. 822, 2nd Reading, An ordinance creating the legal presumption
that the registered owner of a vehicle is the operator for purposes of enforcement
of parking and other traffic related ordinances in the City.
Action Requested: City Council approval of an ordinance creating the legal presumption that the
registered owner of a vehicle is the operator of the vehicle for purposes of
enforcement of Parking regulations in the City.
Background
Information: The 77 Legislature of the State of Texas amended Subchapter G, Chapter 545
of the Transportation Code allowing a municipality to pass a local ordinance
presuming the registered owner is the person who stopped, stood, or parked a
vehicle for purposes of enforcing parking regulations in that city. This
presumption is necessary for proper enforcement of parking regulations as
police officers are seldom present when the vehicle is initially parked. The
owner has the ability to rebut the presumption by provision of evidence to the
contrary.
Financial
Considerations: There is no cost to the City. Proper enforcement of Parking regulations will
enhance revenue collections through the Municipal Court.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any Board review.
Legal Review: This ordinance has been prepared and approved by City Attorney Robert
Allibon.
Alternatives: Failure to provide for presumption will require officers to know who parked,
stood, or stopped the vehicle before enforcement.
Supporting
Documents: Ordinance No. 822
Staff
Recommendation: Place the proposed Ordinance on the January 22, 2002 City Council Agenda
for second reading.
RB /mp
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 CUM[_]LATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake 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 authority to regulate the stopping, standing or parking of motor
vehicles within the city limits of the City; and
WHEREAS, at the Regular Session of the 77 Legislature of the State of Texas, the Legislature
passed H.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 the 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 545308.
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 Code, as
amended, is hereby amended by adding a new Section 18 -152 as follows:
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"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 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 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.
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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 DAY OF
2002.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2002.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney