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HomeMy WebLinkAbout1999-215F \SHARED\D$PMGL\Our Documents\0rdmances\99\Dtsabled Parking Appointments doe ORDINANCE NO 99 a1.ss AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE APPOINTMENT OF QUALIFIED PERSONS TO ENFORCE THE DISABLED PARKING LAW IN THE CITY OF DENTON, TEXAS AND FILE CHARGES FOR VIOLATIONS OF SAID LAW, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Legislature has enacted a statute providing for the designation of disabled parking spaces by political subdivisions and by owners of property used for parking which provide penalties for persons who park motor vehicles in disabled parking spaces when such vehicles do not display a special device or a disabled person identification card, and WHEREAS, the City Council of the City of Denton, Texas, finds the enforcement of the disabled parking laws in the City of Denton will be more effective if qualified and trained persons are given the authority to file charges when they observe violations of the law within the city limits of the City of Denton, and WHEREAS, the Texas Legislature has enacted a statute allowing local authorities to appoint a disabled or non -disabled person to have the authority to file charges against a person who violates the law regarding disabled parking, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S_,ECTION I. That the Chief of Police or his designee shall have the authority to appoint any adult person who is a citizen of the United States, is of good moral character, and who has not previously been convicted of a felony, to enforce the provisions the Texas Transportation Code, Section 6810101 in the City of Denton, Texas SECTION II That each person appointed pursuant to this Ordinance shall take and subscribe to an oath of office that is prescribed by the City of Denton SECTION III That each person appointed pursuant to this Ordinance shall complete an application and satisfactorily complete a course of training on disabled parking enforcement as prescribed by the City of Denton Police Department and the appointment shall be for one year unless rescinded by the Chief of Police SECTION IV. Any qualified person so appointed shall have the power to file charges for violations of 681 of the Texas Transportation Code if the violations occur within the city limits of Denton and subject to the following limitations 1 No person so appointed shall be deemed a peace officer, nor an employee of the State of Texas, Denton County, or the City of Denton 2 Except for the authority to enforce disabled parking violations, any person appointed pursuant to this ordinance shall have no authority other than the authority applicable to a citizen to enforce a law 3 No person appointed shall possess or carry firearms or other weapons for the purpose of enforcing disabled parking laws 4 No person appointed shall be entitled to compensation for performing the duties specified in this ordinance 5 No appointed person shall be entitled to any indemnification from the City of Denton for any injury or property damage sustained as a result of enforcement activities Each appointed person shall specifically acknowledge that such person has no rights to any claim of injury or property damage resulting from disabled parking enforcement activities 6 The City of Denton shall not be liable or accountable for any act or omission of any person appointed to file disabled parking citations pursuant to this Ordinance Each appointed person shall specifically hold harmless the City of Denton, its employees, officers, and agents, from liability for any act or omission by such appointed person SECTION V If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION VI That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right bested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect, but every such act done, or right vested or accrued, or proceedings, suit or prosecution had had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in full force SECTION VII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the - day ofQ&az, 1999 JACI{ ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F-A