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HomeMy WebLinkAbout2023-4455 - Ordinance - 08/10/2023ORDINANCE NO. 2023-4455 AN ORDINANCE PROHIBITING COMMERCIAL MOTOR VEHICLE PARKING IN CERTAIN AREAS BY AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II “STOPPING, STANDING, AND PARKING,” SECTION 38-45 “PARKING REGULATIONS FOR CERTAIN DESCRIBED AREAS,” AND SECTION 38-79 “CIVIL FINES, COSTS AND FEES,” ADDING, IN CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1016 “TRAFFIC SCHEDULE XVI, NO COMMERCIAL MOTOR VEHICLE OR TRAILER PARKING,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND REPEALING ORDINANCE 2023-4449. 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,” Section 38-45 “Parking regulations for certain described areas,” and Section 38-79 “Civil fines, costs and fees,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B,” and that Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1016 “Traffic Schedule XVI, No Commercial Motor Vehicle or Trailer Parking” be created as set out in Exhibit “C” 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. 2023-4455 Page 2 of 5 PART 5: That Ordinance 2023-4449, adopted on July 13, 2023, is hereby repealed. PASSED, ADOPTED and APPROVED this 10th day of August, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2023-4455 Page 3 of 5 Exhibit A Chapter 38, “Traffic and Vehicles,” Article II “Stopping, Standing, and Parking,” Section 38-45 “Parking regulations for certain described areas,” is hereby amended to read as follows: Sec. 38-45. - Parking regulations for certain described areas. (a) The City hereby designates certain areas to be controlled by "No Parking Here to Corner" or "No Parking Anytime" locations for the City are described in Section 38-1014. (b) The City hereby prohibits commercial motor vehicle parking, stopping or stand in certain designated areas controlled by “No Truck Parking” signs. Commercial Motor Vehicle Parking, Stopping or Standing and trailer parking, stopping or standing shall be prohibited in the areas described in Section 38-1016, unless actual supervised loading or unloading of goods or passengers or for commercial motor vehicles providing an active service to an adjacent property. (c) The City Manager or designee may temporarily allow parking where parking is currently prohibited by City ordinance as part of a City event or special event as defined elsewhere in this Code, or any time when determined necessary for the safety of the gener al public. When temporary on-street parking is allowed as set forth above, the existing "No Parking Here to Corner" or "No Parking Anytime" signs shall be removed or otherwise altered to provide such notice to citizens. Signs shall not be removed or otherwise altered for more than a consecutive 72-hour period. (d) The term "commercial motor vehicle" in Section 38-1014 and Section 38-1016, means a motor vehicle or combination of motor vehicles used to transport property 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. (3) For purposes of this Section, and Section 38-1016, the term commercial motor vehicle includes trailer. ORDINANCE NO. 2023-4455 Page 4 of 5 Exhibit B Chapter 38, “Traffic and Vehicles,” Article II, “Stopping, Standing, and Parking,” Division II “Administrative Adjudication of Parking Violations,” Section 38-79 “Civil fines, costs and fees”, (d) is hereby amended by adding and is to read as follows: 27. Park/Stop/Stand commercial motor vehicle or trailer where prohibited $115 $125 ORDINANCE NO. 2023-4455 Page 5 of 5 Exhibit C Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” is hereby amended by adding Section 38-1016 “Traffic Schedule XVI, No Commercial Motor Vehicle or Trailer Parking” and is to read as follows: Sec. 38-45. – No commercial motor vehicle or trailer parking. Traveling on Between Travel Direction Ponderosa Longmire and State Highway 6 Frontage Road South East No parking, stopping, or standing