Ord. 0845 04-27-98ORDINANCE NO. 845
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 ADDING THE
PROVISIONS REGARDING PARKING SPACES FOR THE DISABLED TO
REFLECT RECENT CHANGES IN THE STATE LAW; AND SETTING FORTH
OTHER PROVISIONS RELATED THERETO; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICA-
TION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED FOR ENFORCEMENT OF
HANDICAPPED PARKING LAWS BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, the City Council desires to allow the citizens and police to work
together in a community oriented policing program;
WHEREAS, the Texas State Legislature passed House Bill 580, effective
September 1, 1997, which allows citizens who meet specific requirements established
by the State and the City to assist police by issuing citations to vehicles parked
illegally in handicapped spaces; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland, Texas hereby adopts
and affirms the findings and recitals set forth in the preamble to this Ordinance.
Section 2. That 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 ADD the following:
"Sec. 29-255 Designation of parking spaces for disabled persons.
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
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ORDINANCE NO. 845
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. Additionally, such spaces shall be
designated by posting signs in accordance with the aforementioned rules and
regulations promulgated by the Commission. Notice of the penalty for violating
this ordinance provision shall be set out in a separate sign (12" wide by 9"
high) located immediately beneath the sign required by the rules and regulations
of the Commission with the following language stated on the sign:
PENALTY
$ 100 TO $ 500
(Section 29-258, Pearland Code)
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.
Sec. 29-256 Identification of vehicles parking in spaces designated for
disabled persons.
All vehicles parking in designated parking spaces for disabled persons
pursuant to Section 29-255 of this Chapter shall display the special license
plates or disabled parking placard issued by the State Department of
Transportation pursuant to Section 502.253 and Chapter 681 of the
Transportation Code.
Sec. 29-257 Offenses.
(a) A person commits an offense if the person parks a vehicle in a parking
space or area specifically designated for persons with disabilities and
there is displayed on the vehicle special license plates or the disabled
parking placard issued by the Department of Transportation and the
person does not have a disability and is not transporting a person with
a disability.
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ORDINANCE NO. 845
(b) A person commits an offense if the person parks a vehicle in a parking
space or area designated for persons with disabilities and the special
license plates or the disabled parking placard issued by the Department
of Transportation is not displayed thereon.
(c) A person commits an offense if the person parks a vehicle so that the
vehicle blocks an architectural improvement designed to aid persons with
disabilities, including but not limited to an access or curb ramp.
(d) A person commits an offense if the person lends a disabled placard
issued to the person to a person who uses the placard in violation of this
ordinance.
(e) In a prosecution under this section, it is presumed that the registered
owner of the motor vehicle is the person who parked the vehicle at the
time and place the offense occurred.
Sec. 29-258 Penalty.
(a) Except as provided by subsections (b)-(e) of this section, an offense
under section 29-257 shall be a misdemeanor punishable by a fine not
less than $100.00 or more than $200.00.
(b) If it is shown on the trial of an offense under section 29-257 that the
person has been previously convicted one time of an offense under
section 29-257, the offense is punishable by a fine of not less than
$200.00 or more than $300.00.
(c) If it is shown on the trial of an offense under section 29-257 that the
person has been previously convicted two times of an offense under
section 29-257, the offense is punishable by a fine of not Tess than
$300.00 or more than $400.00.
(d) If it is shown on the trial of an offense under section 29-257 that the
person has been previously convicted three times of an offense under
section 29-257, the offense is punishable by a fine of not less than
$400.00 or more than $500.00.
(e) If it is shown on the trial of an offense under section 29-257 that the
person has been previously convicted four or more times of an offense
under section 29-257, the offense is punishable by a fine of $500.00.
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ORDINANCE NO. 845
(f) An offense under section 29-257 is punishable by a sentence of
community service not to exceed 100 hours."
Section 3. 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
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 4. 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 5. 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 6. 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 7. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
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(e) If it is shown on the trial of an offense under section 29-257 that the
person has been previously convicted four or more times of an offense
under section 29-257, the offense is punishable by a fine of $500.00.
(f) An offense under section 29-257 is punishable by a sentence of
community service not to exceed 100 hours."
Section 3. 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
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.
PASSED and APPROVED on First and Only Reading this the 27th day of
April , A.D., 1998.
ATTEST:
APPROVED AS TO FORM:
baJ i4b 117, Gk.
DARRIN M. COKER
INTERIM CITY ATTORNEY
VOTING RECORD (FIRST AND ONLY READING
APRIL 27, 1998)
Voting "Aye" -
Councilmembers Cole, Berger,
Beckman, Tetens, and Wilkins.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: APRIL 29, 1998
EFFECTIVE DATE: MAY 9, 1998
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ! issues, as follows:
No.
No.
No.
No.
No.
Date 9 �7
Date
Date
Date
Date
19
19
19
19
df;di de-4-Y) in,cLel?
Editor
Subscribe and sworn to before me this � day of
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(iv( 50
ORDINANCE NO. 845
AN ORDINANCE OF T
CITY COUNCIL OF T.
CITY OF PEAR
TEXA MENDI G CHAP-
TER 29, . •AFFC,'OF THE
CITY O , .' ARLAND CODE
OF ORDI CIS, FOR
PURPOSE co ,,'ADDING -
THE PROVI &:,S REGARD-
ING PARKIN c ACES FOR
THE DISABLED TO
REFLECT RECENT
CHANGES IN THE STATE
LAW; AND SETTING FORTH
OTHER PROVISIONS
RELATED THERETO; PRO-
• VIDING A SAVINGS
CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER
CLAUSE; PROVIDING A
PENALTY FOR VIOLATION;
PROVIDING FOR PUBLICA-
TION,
CODIFICATION AND
AN EFFECTIVE DATE; AND
DECLARING AN EMER-
GENCY BECAUSE THE
NEED FOR ENFORCEMENT
OF HANDICAPPED PARK-
ING LAWS BEARS DIRECT-
LY UPON THE HEALTH, II
SAFETY AND WELFARE OF
THE CITIZENRY.
PENALTY
$100 TO $500
(Section 29-258, Peadand