Ord. 0845-2 2001-05-14ORDINANCE NO. 845-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN FROM
TIME TO TIME AMENDED, FOR PURPOSES OF AMENDING THE
PENALTY PROVISION FOR ILLEGALLY PARKING IN DISABLED PARKING
SPACES; 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
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 Section 29-258, Penalty, of Chapter 29, Traffic, of the City of
Pearland Code of Ordinances, is hereby amended to read as follows:
"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 250.00 or more than $500.00.
(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
$300.00 or more than $600.00.
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(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 less than
$300.00 or more than $600.00, and not less than 10 hours or more than
20 hours of community service.
(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 Tess than
$500.00 or more than $1,000.00, and not less than 20 hours or more
than 50 hours of community service.
(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 $1,000.00,
and 50 hours of community service."
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
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.
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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.
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.
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PASSED and APPROVED on First and Only Reading this the 14 day of May,
A.D., 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
MAY 14, 2001)
Voting "Aye" -
Councilmembers Tetens, Owens,
Marcott, Seeger, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: MAY 16, 2001
EFFECTIVE DATE: MAY 26, 2001
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS