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HomeMy WebLinkAbout2024-4507 - Ordinance - 03/28/2024ORDINANCE NO. 2024-4507 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING, AND PARKING,” BY ADDING SECTION 38-49 “COMMERCIAL MOTOR VEHICLE AND TRAILER PARKING,” TO THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, REGULATING COMMERCIAL MOTOR VEHICLE AND TRAILER PARKING, 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,” of the Code of Ordinances of the City of College Station, Texas, be amended by adding Section 38-49 “Commercial Motor Vehicle and Trailer Parking,” 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. 2024-4507 Page 2 of 3 PASSED, ADOPTED and APPROVED this 28th day of March, 2024. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2024-4507 Page 3 of 3 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article II. “Stopping, Standing, and Parking,” be amended by adding Section 38-49 “Commercial Motor Vehicle and Trailer Parking,” and is hereby created to read as follows: (a) No Commercial Vehicle or Trailer Parking. It is unlawful and prohibited for any person to stop, stand, or park a commercial motor vehicle or trailer on any street or alley in the City. This section does not apply to commercial motor vehicles or trailers engaged in authorized public works, active loading or unloading of goods or passengers, or actively servicing an adjacent property. (b) Commercial Motor Vehicle in this Section, means a motor vehicle, trailer, or combination of motor vehicles used to transport property or people that: (1) Has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds; or (2) Has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds.