Ord. 1122 08-11-03ORDINANCE NO. 1122
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, TO ADD SECTION 29-12, TO BE ENTITLED
OFF -ROAD OPERATION OF MOTOR VEHICLES; HAVING A PENALTY
CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE, AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO REGULATE THE OFF -ROAD OPERATION OF MOTOR
VEHICLES INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, 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 Chapter 29, Traffic, of the City of Pearland Code of Ordinances,
is hereby amended to ADD Section 29-12, to be entitled Off -Road Operation of Motor
Vehicles, to read as follows:
29-12. Off -Road Operation of Motor Vehicles.
(a) It shall be unlawful for any person to operate a motor vehicle on another's property
within the City of Pearland, except upon a public roadway, without having in said person's
possession written permission to do so from the record owner of said property notarized by
a public notary of Texas.
(b) This section shall not apply to an agent, employee, or contractor of a public utility or
the federal, state, or local government in the lawful execution of his duties.
Section 2. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
ORDINANCE NO. 1122
competent jurisdiction, be punished by a fine in any sum not exceeding Five Hundred
Dollars ($500.00).
Section 3. 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 4. 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 5. Repealer. All Ordinances and parts of Ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 6. 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 7. 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 then become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
Section 8. Emergency. The Council finds and determines that the need to
regulate the off -road operation of motor vehicles inures to the benefit of the public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and that this
2
ORDINANCE NO. 1122
Ordinance shall be adopted as an emergency measure, and that the rule requiring this
Ordinance to be read on two (2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED ON FIRST AND ONLY READING this the 11th day of
August , A. D., 2003.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
_o/i4))
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
AUGUST 11, 2003
Voting "Aye" - Councilmembers Viktorin, Owens,
Tetens, Marcott, and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: August 13, 2003
EFFECTIVE DATE: August 23, 2003
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
FH I AVIT... OF 'PUBLICATION
The Pearland Reporter News
2404 `South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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, Harris & Galveston Counties, for / issues, as follows:
No. f Date : a '20 a-
No Date 20
No Date 20
No Date 20
No... Date 20
Subscribe and sworn to before me this f day. of
20C
LAURA ANN EMMONS
Notary Public, State of Texas .
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Ordinance 1122
Published 08/13/03
IREGULATE THE OFF- August 13, 2003
_
1 ROAD OPERATION OF EFFECTIVE DATE:
MOTOR VEHICLES INURES August 23, 2003 t
iTO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, PUBLISHED AS REQUIRED
BEARS DIRECTLY UPON BY SECTION 3.10 OF THE
THE HEALTH, SAFETY CHARTER OF THE CITY OF 1
iAND WELFARE OF THE PEARLAND, TEXAS f
j CITIZENRY.
1 1
f Section 2: Penalty. Anyi
person who shall violate the;
provisions of this section shall l
I be deemed guilty of a misde-I
1 meanor and shall, upon con-+
viction by a court of compe-
tent jurisdiction, be punished
by a fine in any sum not;
I exceeding Five Hundred
Dollars ($500.00).
PASSED and APPROVED,
ON FIRST AND ONLY
READING this the 11th day
r _of August, A. D., 2003.
Published Aug. 13, 2003
ORDINANCE NO. 1122—
AN ORDINANCE OF THE
CITY COUNCIL OF- THE
CITY OF PEARLAND,
TEXAS, AMENDING CHAP-
TER 29, TRAFFIC, OF THE
CITY OF PEARLAND CODE
OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM
TIME TO TIME, AMENDED,
TO ADD SECTION 29-12,
TO BE ENTITLED OFF -
ROAD OPERATION OF
MOTOR VEHICLES; HAV-
ING A PENALTY CLAUSE, A
SAVINGS CLAUSE, A SEV-
ERABILITY CLAUSE, AND
A REPEALER CLAUSE;
PROVIDING FOR CODIFI-
CATION AND AN EFFEC-
TIVE DATE, AND DECLAR-
ING AN EMERGENCY
BECAUSE THE NEED TO
Isl Tom Reid
Mayor
Attest:
Isl Young Lorfing, TRMC
City Secretary
Approved as to form:
Is! Darrin M. Coker
City Attorney
VOTING RECORD FIRST
AND ONLY READING
AUGUST 11, 2003
Voting "Aye"-
Councilmembers Viktorin,
Owens, Tetens, Marcott,
and Seeger.
Voting "No" -None.
Motion passes 5 to 0.
PUBLICATION DATE: