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HomeMy WebLinkAbout2019-4094 - Ordinance - 05/23/2019ORDINANCE NO. 2019-4094 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING AND PARKING,” DIVISION 2 “ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS,” SECTION 38-74 “LIABILITY OF THE VEHICLE OWNER AND OPERATOR, PRESUMPTION OF LIABILITY, PRESUMPTION OF OWNERSHIP,” RELATED TO PAYMENT OF A PARKING FEE IS NOT A DEFENSE TO A VIOLATION 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,” Division 2 “Administrative Adjudication of Parking Violations,” Section 38-74 “Liability of The Vehicle Owner and Operator, Presumption of Liability, Presumption of Ownership,” 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. ORDIANCE NO. 2019-4094 Page 2 of 3 PASSED, ADOPTED and APPROVED this 23rd day of May, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDIANCE NO. 2019-4094 Page 3 of 3 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 2 “Administrative Adjudication of Parking Violations,” Section 38-74 “Liability of The Vehicle Owner and Operator, Presumption of Liability, Presumption of Ownership,” is hereby amended to read as follows: Sec. 38-74 Vehicle Owner and Operator Liability; Presumption of Liability and Ownership; and Defenses. (a) Owner and Operator Liability. Except as provided in Subsection (b) of this section the registered owner and the operator of a vehicle, when not the same, are both liable to the City for a parking violation charge, except that the registered owner is not liable if the owner can prove that the vehicle was operated without the owner's express or implied consent. Payment of the civil fine, costs, and fees by either the owner or operator is a final disposition of the charged violation (b) Rental Vehicle Owner Liability. A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements is not liable for civil fines, costs, and fees imposed by the City on a rented or leased vehicle if, within 30 days after receiving written notice of a parking violation, the owner provides an affidavit stating the name, address, and driver's license number and state of issuance of a person in possession of the vehicle at the time the parking citation or summons was issued, or a copy of the lease or rental agreement in effect at the time the parking citation was issued. A lessor of a vehicle who fails to comply with this this section is liable for civil fines, costs, and fees. (c) Stolen Vehicle Defense. It is defense to a charge of a parking violation that at the time of the violation, the illegally parked vehicle was reported to a Police Department as having been stolen before the time of the violation and had not yet been recovered. (d) Registered Owner Presumption. In a hearing to administratively adjudicate a parking citation or summons or an appeal hearing therefrom, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. A computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom State license plates were issued is prima facie evidence of the ownership of the vehicle. (e) Payment of Parking Fee is not a Defense. A vehicle owner or operator’s payment of any parking fee is not a defense to any parking related offense or violation found in this Chapter.