Ord. 0845-1 09-25-00ORDINANCE NO. 845-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, FOR PURPOSES OF CONFORMING
THE MEASURES REQUIRED TO PROPERLY DESIGNATE A DISABLED
PARKING SPACE TO THAT REQUIRED BY STATE LAW; PROVIDING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED FOR PROVISION OF
PROPERLY DESIGNATED HANDICAPPED PARKING SPACES BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 29-255, Designation of Parking Spaces for Disabled
Persons, of Division I, Generally, of Article XII, Stopping, Standing and Parking, of
Chapter 29, Traffic, of the City of Pearland Code of Ordinances, is hereby amended
to read as follows:
"A private property owner of non-residential property and a person
who controls property used for parking shall designate one (1) or more
parking spaces or a parking area for the exclusive use of vehicles
transporting temporarily or permanently disabled persons. The number
of such parking spaces to be designated and the dimensions,
identification, and specifications for such parking spaces shall conform
to the rules and regulations promulgated by the Texas Commission of
Licensing and Regulation (the "Commission") pursuant to Article 9102
of the Texas Revised Civil Statutes, as such rules and regulations may be
hereinafter amended.
The term "disabled" shall have the definition set forth for disability
in Section 681 .001 of the Texas Transportation Code, as such statute
may be hereafter amended."
Section 2. Penalty. Any person, firm or corporation who shall violate or fail
to comply with the requirements of any provisions of the Code herein adopted shall be
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deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent
jurisdiction, be punished as provided in Section 29-258 of this Chapter.
Section 3. Emergency. The Council finds and determines that the need for
prohibiting illegal parking in spaces designated for use of disabled persons bears
directly upon the health, safety and welfare of the citizenry, therefore this Ordinance
shall be adopted by one reading as an emergency measure, and the rule requiring this
Ordinance to be read on two (2) separate occasions is hereby waived.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
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Section 8. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED on First and Only Reading this the 25TH day of
September, A.D., 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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01-2,2t....2.0'
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
SEPTEMBER 25, 2000)
Voting "Aye" - Councilmembers Beckman, Marcott,
Owens, Seeger, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: SEPTEMBER 27, 2000
EFFECTIVE DATE: OCTOBER 7, 2000
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS