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
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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
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-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--
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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