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-
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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:
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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.
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CASTLEBERRY,