Ord. 1487 2013-08-26 ORDINANCE NO. 1487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS EXTENDING TRAFFIC RULES AND
REGULATIONS TO CERTAIN PRIVATE ROADS OWNED AND
MAINTAINED BY BELLAVITA PROPERTY OWNERS
ASSOCIATION AND CONTAINED WITHIN THE BELLAVITA
SUBDIVISION; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR PENALTIES AND FINES; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR CONFLICTS WITH OTHER
LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Texas Transportation Code § 542.008 provides that traffic
rules may be extended by a municipality to privately owned or maintained roads
within certain private subdivisions upon the request of certain individuals or
entities; and
WHEREAS, a request by the Bellavita Property Owners Association, a
Texas non-profit property owners association, which owns or maintains those
roads within the Bellavita Subdivision has been made to the City pursuant to
Texas Transportation Code § 542.008 to enforce certain traffic rules on said
private roads; and
WHEREAS, the City recognizes its responsibility and authority to impose
ordinances, acts, laws, or regulations that are necessary for the government of
the City; and,
WHEREAS, the purpose of this Ordinance is to protect the public and
provide for welfare of the City; and,
WHEREAS, the City finds this ordinance in the interest of the municipality
generally:
ORDINANCE NO. 1487
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. ADOPTION
The City hereby adopts Title 7 of the Texas Transportation Code to be enforced
upon the private roads of the Bellavita Subdivision according to the map or plat of
record filed in the Plat Records of Brazoria County
Section 2. ENFORCEMENT
Any police officer of the City or any officer of any law enforcement agency
authorized to enforce an ordinance of the City may enforce this Ordinance.
Section 3. ADMINISTRATION
Any violation of this ordinance shall be prosecuted in the Municipal Court of the
City.
Section 4. PENALTIES AND FINES
1. A person commits an offense pursuant to this Ordinance if that person
commits, causes, permits, allows, or maintains a violation of this
Ordinance or the provisions of the Texas Transportation Code adopted
herein.
2. A person convicted of an offense that is a misdemeanor under this
Ordinance or the portions of the Texas Transportation Code adopted
herein for which another penalty is not provided by the applicable
portions of the Texas Transportation Code adopted herein shall be
punished by a fine of not less than $1 or more than $200.
3. No culpable mental state is required for an offense under this
Ordinance, unless the applicable provisions of the Texas
ORDINANCE NO. 1487
Transportation Code adopted herein otherwise require a culpable
mental state.
Section 5. CONFLICT WITH OTHER STATUTES OR LAWS
1. This Ordinance does not preempt, and is in addition to, any other
applicable statute, law, ordinance, rule, or regulation.
2. Whenever any provision of this Ordinance conflicts with those
contained in another ordinance, the most stringent or restrictive
provision shall control.
Section 6. SEVERABILITY
Should any portion of this Ordinance be held invalid or unenforceable for any
reason, the same shall not be construed to affect any other valid portion thereof,
and all valid portions shall remain in full force and effect.
Section 7. EFFECTIVE DATE
This Ordinance shall become effective October 1, 2013.
PASSED and APPROVED ON FIRST READING this the 22nd day of July, A.D.,
2013. \
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ORDINANCE NO. 1487
PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day
of August, A. D., 2013.
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TOM REID
MAYOR
ATTEST:
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CI SEC"TARY 0` 'tok
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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