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HomeMy WebLinkAbout2021-4279 - Ordinance - 07/22/2021ORDINANCE NO. 2021-4279 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING AND PARKING,” BY AMENDING AND ADDING CERTAIN SECTIONS ALLOWING 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 amending and adding certain sections related to 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. 2021-4279 Page 2 of 7 PASSED, ADOPTED and APPROVED this 22nd day of July, 2021. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2021-4279 Page 3 of 7 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 1, “Generally,” Sec. 38-42 “General Prohibitions” (a) is hereby amended by amending sections 18 and 19 and by adding section 20 and is to read as follows: Sec. 38-42. - General prohibitions. (a) (18) Park facing traffic; 18 inches from Curb. On a one-way roadway that does not stop or park the vehicle parallel to the curb or edge of the roadway in the direction of authorized traffic movement with the right-hand wheels within 18 inches of the right-hand curb or edge of the roadway or the left-hand wheels within 18 inches of the left-hand curb or edge of the roadway; (19) Parking at an expired parking meter; and (20) Parking, stopping or standing in a remote pay system area without paying the fee. ORDINANCE NO. 2021-4279 Page 4 of 7 That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 1, “Generally,” Sec. 38-46 “Temporary no parking areas” is hereby amended and is to read as follows: Sec. 38-46. Temporary parking areas. (a) Temporary No Parking. The City Manager or designee may temporarily remove on-street parking in an area where parking is not currently prohibited by City ordinance. The temporary "No Parking" sign shall conform with the Texas Manual on Uniform Traffic Control Devices, which is published by the Texas Department of Transportation. The temporary "No Parking" sign may be placed as part of a special event and/or where safety along the street is a concern. The temporary sign shall not be erected for more than a consecutive 72-hour period. (b) Temporary Paid Parking. The City Manager or designee may temporarily designate paid on-street parking or paid parking at City-owned facilities. A temporary paid parking sign or signs shall be placed as a part of a special event or where additional controlled parking is needed. ORDINANCE NO. 2021-4279 Page 5 of 7 That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 2, “Administrative Adjudication or Parking Violations,” Sec. 38-79 “Civil Fines, Costs and Fees” is hereby amended and is to read as follows: Sec. 38-79. Civil fines, costs and fees. (a) Civil fines, costs and fees assessed in connection with this chapter are limited to those specified below. (b) If the vehicle owner or operator remits payment no later than the tenth business day after issuance of the citation or summons, or before the hearing date shown on the citation, the total fine and costs due for the violation is the amount shown on the citation as "Early Payment Fine." If payment of the fine is made on or after the 11th business day after issuance of the citation or summons, the owner or operator shall remit the amount shown on the citation under "Standard Fine." (c) A payment remitted by mail is considered "remitted" on the post-marked date. (d) The following offenses are unlawful and the fines are established and incorporated by reference by all purposes: Offense Payment Within 10 Days Payment After 10 Days 1. Park/Stop/Stand in or on unapproved surface $75.00 $85.00 2. Park/Stop/Stand in or on a yard or lawn $75.00 $85.00 3. Parking or stopping in bike lane $35.00 $45.00 4. Park/Stop/Stand -Prohibited $50.00 $60.00 5. Park/Stop/Stand blocking public or private driveway or alley $25.00 $35.00 6. Park/Stop/Stand blocking dumpster $55.00 $65.00 7. Restricted no Park/Stop/Stand/time parking $25.00 $35.00 8. Special event violation $25.00 $35.00 9. Park/Stop/Stand in fire lane $135.00 $145.00 10. Park/Stop/Stand in or on City park grass $75.00 $85.00 11. Parking truck, tractor or trailer on City road $75.00 $85.00 12. Parking in Northgate Parking Garage without paying fee $115.00 $125.00 13. Parking blocking adjacent parking space $35.00 $45.00 14. Immobilization fee $50.00 15. Double Parked $50.00 $60.00 16. Park/Stop/Stand on sidewalk $35.00 $45.00 17. Park/Stop/Stand on crosswalk $35.00 $45.00 18. Park/Stop/Stand within 15 feet of fire hydrant $50.00 $60.00 19. Park/Stop/Stand Within 20 feet of a cross walk at an intersection $35.00 $45.00 20. Park/Stop/Stand more than 18 inches from curb $35.00 $45.00 21. Park/Stop/Stand stop stand in intersection $50.00 $60.00 22. Park/Stop/Stand Facing Traffic $35.00 $45.00 ORDINANCE NO. 2021-4279 Page 6 of 7 23. Park/Stop/Stand within 30 feet of traffic control device $35.00 $45.00 24. Expired Meter $25.00 $35.00 25. Parking/Standing/Storing of Recreation vehicles, trucks, trailers or truck-tractors $115.00 $125.00 26. Parking/Stopping/Standing in a remote pay system area without paying the fee $50.00 $60.00 ORDINANCE NO. 2021-4279 Page 7 of 7 That Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 3 “Northgate Area,” Sections 38-106, 108 and 109 are hereby amended and are to read as follows: Division 3 – Northgate Area and Remote Pay System Areas. Sec. 38-106 – Northgate Promenade Parking Lot and Remote Pay System Parking Lot fee schedule. The City Manager or designee may adjust the parking fee up to or below the amounts set below. The fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Promenade Parking Lot, located at 310 Church Street or any other City owned parking lot by remote pay system parking. Sec. 38-108 – Northgate and Remote Pay System on-street parking fee schedule. The City Manager or designee may adjust the parking fee up to or below the amounts established. The fees established in Section 2-117 shall be charged for the use of an on-street parking space provided by the City and adjacent to a parking meter or remote pay system area anywhere in the Northgate Area, generally located between South College on the East, Wellborn Road on the West, University Drive on the South and the City limit on the North or in any remote pay system area in the City. Sec. 38-109 – Violations. (a) It shall be unlawful to park a motor vehicle or commercial motor vehicle in a space or multiple spaces without paying the required fee for the space, unless covered by an exemption. (b) It shall be unlawful to park in the parking garage without paying the required fee, unless covered by an exemption. (c) It shall be unlawful to park a motor vehicle or commercial motor vehicle in such a manner that the vehicle prohibits the use of an adjacent designated parking space. (d) It shall be unlawful to cause any damage to any parking surface, sidewalk, or any other property owned or maintained by the City by the loading or unloading of goods or by the overweight of a motor vehicle or commercial motor vehicle. (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.