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1993-089\wpdocs\ord\loadzone.ord ORDINANCE NO. AN ORDINANCE AMENDING SECTION 18-100 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO APPLICATIONS FOR LOADING ZONES; PRO- VIDING FOR PARKING OF CERTAIN AUTHORIZED VEHICLES WITHIN LOADING ZONES; AMENDING SECTION 18-101 PROVIDING FOR THE MARKING OF LOADING ZONES; AMENDING SECTION 18-102 PROVIDING FOR A VIOLATION FOR UNAU- THORIZED PARKING IN A DESIGNATED LOADING ZONE; CREATING SECTION 18- 102.1 PROVIDING FOR A PENALTY IN THE MINIMUM AMOUNT OF $25.00 AND THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; PROVIDING FOR THE REMOVAL OF VEHICLES IN VIOLATION THEREOF; PROVIDING FOR CRITERIA, DIMENSIONS AND APPLICATION FEE FOR LOADING ZONES; REPEAL- ING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sec. 18-100. "Application for loading zone" of the Code of Ordinances is amended to read as follows: Sec. 18-100. Application for loading zone. (a) Loading zones may be granted to any business where a loading zone is necessary for the conduct of the business, subject to the provisions pro- vided in this section. (b) The owner or manager of a business desiring a loading zone shall make written application to the Citizens Traffic Safety Support Commission. The application shall state the following: (1) The name and address of the business; (2) The types of goods and/or services pro- vided by the business; (3) The types and numbers of commercial ve- hicles operated by the business; (4) The types of commercial vehicles making deliveries to the business and the frequency of the deliveries made by the vehicles; (5) A statement of the specific use to be made of the proposed loading zone; (6) The types and numbers of personal vehi- cles, of any, which may be parked in pro- posed loading zone when zone is not being used for loading or unloading purposes. (c) If the Citizens Traffic Safety Support Com- mission approves the application for the loading zone, the commission shall direct appropriate City personnel to cause the loading zone to be in- stalled as provided in (d) of this section. (d) If approved, a loading zone shall be instal- led upon receipt of an advance payment, in an amount as established by the City Council and on file in the office of the city secretary. (e) Upon granting the application for a loading zone permitting the parking of vehicles, the permit holder shall be issued an official numbered decal or device, as determined by the Citizens Traffic Safety Support commission, which shall be displayed on or in a place visible from any per- sonal vehicle at all times in order to be legally parked in the loading zone designated for the applicant. (f) The Citizens Traffic Safety Support Commis- sion shall annually review loading zone renewal applications during September of each year to de- termine whether a need for each loading zone exists. If the commission determines such a need continues to exist, the loading zone shall be renewed upon the receipt of a renewal fee, if applicable, and as established by the City Council and on file in the office of the city secretary, prior to October 1 of each year. Failure to pay any applicable renewal fee prior to October 1 will result in the need for reapplication at a cost, as established by the City Council and on file in the office of the city secretary. (g) An applicant may appeal the decision to deny a loading zone permit or renewal to the city council. (h) Loading zones may only be used for the actual loading and unloading of commercial or customer vehicles, except as follows: (1) personal vehicles bearing a properly af- fixed or painted sign or logo located on the exterior of the vehicle identifying it as a vehicle utilized by the business which has been registered by the owner with the Citizens Traffic Safety Support commission and the chief of police and displaying the device or decal issued for said vehicle as provided in para- Page 2 graph (e) is this section; or (2) commercial vehicles registered by the owner with the Citizens Traffic Safety Support Commis- sion and the chief of police bearing a properly affixed sign located on the exterior of the vehicle identifying it as a commercial vehicle. (i) The following words and phrases, when used in this article, shall, for the purposes of this article, have the following meaning: (1) commercial vehicle shall mean any motor vehicle (other than a passenger car) designed or used primarily for transportation of property, including any passenger car which has been reconstructed so as to be used, and which is being used, primarily for delivery purposes. (2) personal vehicle shall mean a passenger car or any other motor vehicle designed or used primarily for the transportation of persons. SECTION II. That Sec. 18.101. "Marking of loading zones" of the Code of ordinances shall be amended to read as follows: Sec. 18-101. Marking of loading zones. Every loading zone approved by the Citizens Traffic Safety Support Commission shall be designated by City personnel by markings painted on the curb adjacent thereto and/or signs adjacent thereto the words "LOADING ZONE-- VIOLATORS WILL BE TOWED". SECTION III. That Sec. 18-102. "Parking restrictions in loading zone" of the Code of ordinances shall be amended to read as follows: Sec. 18-102. Parking Restrictions in Loading zone. (a) A person commits an offense if he stops, stands, or parks a vehicle, other than a properly authorized commer- cial or personal vehicle as provided in Sec. 18-100(h), in a loading zone. (b) It is a defense to prosecution under subsection (a) that materials were being expeditiously unloaded from or loaded into the vehicle from a business holding the loading zone permit. SECTION IV. That the Code of Ordinances, Denton, Texas, is amended by adding a section, to be numbered 18-102.1. "Penalties for Violation of Loading Zone Restrictions"; which said section reads as follows: Page 3 Sec. 18.102.1. Penalties for Violation of Loading Zone Restrictions. (a) Any person violating provisions of Sec. 18-102 of this Code shall be punished upon conviction by a fine of not less than $25 or more than $200. (b) Any vehicle found to be parked in violation of the terms of Sec. 18-102 shall be deemed a nuisance and shall be subject to impoundment. SECTION V. That the size of loading zones shall be as follows: (a) Eight feet (81) x twenty-two feet (221) for a single loading zone; or (b) Eight feet (81) x forty-four feet (441) for a double loading zone. SECTION VI. That the maximum of two (2) single loading zones or one (1) double loading zone may be granted to any business. SECTION VII. That an application fee of $ per linear foot shall be paid prior to installation of any loading zone. Any renewal fee or reapplication fee for a loading zone shall be $ per linear foot. A schedule of the fees provided herein shall be maintained on file in the office of the City Secretary. SECTION VIII. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of compe- tent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IX. That any provisions of any ordinance which may be in conflict with the terms of this ordinance are hereby repealed. SECTION X. 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 pub- lished 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 of , 1993. Page 4 CASTLEBERRY,