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HomeMy WebLinkAbout2021-4278 - Ordinance - 07/22/2021ORDINANCE NO. 2021-4278 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING AND PARKING,” BY ADDING DIVISION IV “REMOTE PAY SYSTEM PARKING”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” by adding Division IV “Remote Pay System Parking” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2021-4278 Page 2 of 4 PASSED, ADOPTED and APPROVED this 22nd day of July, 2021. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2021-4278 Page 3 of 4 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” is hereby amended by adding Division IV “Remote Pay System Parking” and is to read as follows: DIVISION 4 REMOTE PAY SYSTEM PARKING Sec. 38-132 – Definitions. The following words and terms, when used in this division, shall have the meanings ascribed to them in this section except when the context clearly indicates a different meaning: Individual parking space means a portion of a paved street, parking lot, or parking garage or facility located in a remote pay system area to accommodate the vehicle parking. Remote pay system means a pay by phone, mobile pay, or other such technology -based system for paying for parking other than by parking meter, pay station, or other physical installation or equipment located on -site of the individual parking space or remote pay system area. Under the remote pay system, upon remote payment of the required fee, technology shall indicate legal parking for the period of time lawfully designated for that area-and time of day. The remote pay system will provide messaging to the parking patron regarding the expiration of the time and provide the ability to remotely extend the period of time by remote payment. Remote pay system area means a signed area under the City’s control designated for parking vehicles for a fee on a street, in a parking lot, or in a parking garage or facility in which a remote pay system is implemented. Sec. 38-133 – Installation and operation of Remote Pay Systems. The City Manager is authorized to implement remote pay systems to control and charge for parking in remote pay system areas. Sec. 38.134 – Designation of Remote Pay System Areas. The City Manager is authorized to designate on-street parking, parking lots, and parking garages or facilities under the City’s control as remote pay system areas with signage. Sec. 38-135 – Remote Pay System Parking Operation Time. Remote pay system parking operation days and hours are established by the City Manager and designated in the remote pay system. Sec. 38-136 – Parking Fees for Remote Pay System Parking. The City Manager may adjust the parking fee up to the amounts established by the City Council. The fees established in Section 2- 117 shall be the maximum charged for the use of an individual parking space. ORDINANCE NO. 2021-4278 Page 4 of 4 Sec. 38-137 – Exemptions. Residents, presenting valid proof of residency to the City, of property adjoining the streets in a remote pay system area who have registered their vehicles’ license plate with the City’s remote pay system may have two vehicles exempt from this division. Sec. 38-138 – Violations. It shall be unlawful for a person in a remote pay system area to park a motor vehicle in an individual parking space or spaces without paying the required parking fee, unless exempted.