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HomeMy WebLinkAbout2019-4118 - Ordinance - 09/13/2019ORDINANCE NO. 2019-4118 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING AND PARKING,” DIVISION 3 “NORTHGATE AREA,” SECTION 38-109 “VIOLATIONS” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO THE NORTHGATE PARKING GARAGE GATE; 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 3 “Northgate Area,” Section 38-109 “Violations” 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 permitt ed 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. 2019-4118 Page 2 of 3 PASSED, ADOPTED and APPROVED this 12th day of September, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2019-4118 Page 3 of 3 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 3 “Northgate Area,” Section 38-109 “Violations” is hereby amended by adding section (e) and (f) and is to read as follows: Section 38-109 “Violations” e. Northgate Parking Garage. It shall be unlawful for any person to raise, lower or manipulate in any way the Northgate Parking Garage gate, gate arm or gate equipment for any reason, unless directed by a city employee acting in their official capacity. f. Penalty. A violation of this section shall be punished as provided in Section 1-7.