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1977-028NO 7 e18 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V "STOPPING, STANDING OR PARKING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY THEREFOR, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That Chapter 24, Article V, Section 24-115(a), Section 24- 115 (a)(2), Section 24-115 (a)(3), Section 24-119, Section 24-122, Section 24-131 (a)(2), and Section 24-149 shall be amended to read as follows "ARTICLE V STOPPING, STANDING AND PARKING (1) That Section 24-115 - PROHIBITED IN SPECIFIC PLACES is hereby amended by amending subdivision (a) and subsection (a)(2) and (a)(3) to read as follows "(a) No person shall stop, stand or park a vehicle or cause a vehicle to be stopped, stood or parked except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places (a) (2) Within five (5) feet of a public or private driveway (a) (3) No person shall stop, stand or park a vehicle or cause a vehicle to be stopped, stood or parked upon any sidewalk or in such a manner as to impair the safe and reasonable use of any driveway, and/or traffic exit " (2) That Section 24-119 - STOP REQUIRED WHEN EMERGING FROM ALLEY, DRIVEWAY, BUILDING OR PARKING LOT is hereby amended to read as follows "The driver a a vehicle emerging from an alley, driveway, build- ing or parking lot shall stop such vehicle immediately prior to driv- ing onto a sidewalk or onto a sidewalk area extending across any alleyway, yielding the right of way to any pedestrian as may be neces- sary to avoid collision, and upon entering the roadway, shall yield the right of way to all vehicles approaching on the roadway " (3) That Section 24-122 - PARKING IN PROHIBITED AREAS, OVER- TIME PARKING, OWNER PRIMA FACIE RESPONSIBLE FOR ILLEGAL PARKING is hereby amended to read as follows "It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name or owned or operated by him or in his possession or under his control to be or remain in any space or area in which parking is prohibited as provided in Section 24-121, or in a time limit parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible, and further should any vehicle be found upon a street or highway in violation of any provision of this article regulating the stopping, standing or parking of vehicles and the identity of the driver cannot be determined, the owner, or person in whose name such vehicle is registered shall be held prima facie responsible for such violation " (4) That Section 24-131 - IMPOUNDMENT OF STANDING OR PARKED VEHICLES, AUTHORITY TO REMOVE VEHICLES, IMPOUNDMENT, subsection (a)(2) is hereby amended to read as follows "(a)(2) When any vehicle is left unattended upon a street, bridge, viaduct, tunnel or under- pass and is so parked illegally as to con- stitute a definite hazard or obstruction to the normal movement of traffic " (5) That Section 24-149 - TRAFFIC OFFICERS TO REPORT VIOLATIONS AND FILE COMPLAINTS, SUBSEQUENT VIOLATIONS is hereby amended to read as follows "It shall be the duty of any traffic patrolman or such other police officers as the chief of police may designate to make a written record of any parking meter at which any vehicle is parked in violation of any of the provisions of this article and to record the license number of any such vehicle, making at the same time a duplicate of such record which shall be in the form of a notice to appear in the municipal court of the city to answer a complaint to be filed by such officer for such violation, and such notice shall be placed in a conspicuous place on the windshield or upon the front of the vehicle After notice has been issued, a vehicle subsequently found illegally parked shall be immediately removed from the streets and impounded as provided elsewhere in this article " -2- PART II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the re- maining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remain- ing portions despite any such invalidity PART III Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200 00) Each day such a violation shall continue or be permitted, shall be treated as a separate offense PART IV 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 pass- age ~7~ PASSED AND APPROVED This the / 5 day of 1977 CITY OF DENTON, TEXAS ATTEST r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM _49404-7MMTMORNEY CITY OF DENTON, TEXAS -3- NO. 97- a8 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V "STOPPING, STANDING OR PARKING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY THEREFOR; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Chapter 24, Article V, Section 24-115(a), Section 24- 115 (a)(2), Section 24-115 (a)(3), Section 24-119, Section 24-122, Section 24-131 (a)(2), and Section 24-149 shall be amended to read as follows. "ARTICLE V. STOPPING, STANDING AND PARKING. (1) That Section 24-115 - PROHIBITED IN SPECIFIC PLACES is hereby amended by amending subdivision (a) and subsection (a)(2) and (a)(3) to read as follows: "(a) No person shall stop, stand or park a vehicle or cause a vehicle to be stopped, stood or parked except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places: (a) (2) Within five (5) feet of a public or private driveway. (a) (3) No person shall stop, stand or park a vehicle or cause a vehicle to be stopped, stood or parked upon any sidewalk or in such a manner as to impair the safe and reasonable use of any driveway, and/or traffic exit." (2) That Section 24-119 - STOP REQUIRED WHEN EMERGING FROM ALLEY, DRIVEWAY, BUILDING OR PARKING LOT is hereby amended to read as follows: "The driver a a vehicle emerging from an alley, driveway, build- ing or parking lot shall stop such vehicle immediately prior to driv- ing onto a sidewalk or onto a sidewalk area extending across any alleyway, yielding the right of way to any pedestrian as may be neces- sary to avoid collision, and upon entering the roadway, shall yield the right of way to all vehicles approaching on the roadway." 'A (3) That Section 24-122 - PARKING IN PROHIBITED AREAS; OVER- TIME PARKING; OWNER PRIMA FACIE RESPONSIBLE FOR ILLEGAL PARKING is hereby amended to read as follows: "It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name or owned or operated by him or in his possession or under his control to be or remain in any space or area in which parking is prohibited as provided in Section 24-121, or in a time limit.parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible, and further should any vehicle be found upon a street or highway in violation of any provision of this article regulating the stopping, standing or parking of vehicles and the identity of the driver cannot be determined, the owner, or person in whose name such vehicle is registered shall be held prima facie responsible for such violation." (4) That Section 24-131 - IMPOUNDMENT OF STANDING OR PARKED VEHICLES, AUTHORITY TO REMOVE VEHICLES, IMPOUNDMENT, subsection (a)(2) is hereby amended to read as follows: "(a)(2) When any vehicle is left unattended upon a street, bridge, viaduct, tunnel or under- pass and is so parked illegally as to con- stitute a definite hazard or obstruction to the normal movement of traffic." (5) That Section 24-149 - TRAFFIC OFFICERS TO REPORT VIOLATIONS AND FILE COMPLAINTS, SUBSEQUENT VIOLATIONS is hereby amended to read as follows. "It shall be the duty of any traffic patrolman or such other police officers as the chief of police may designate to make a written record of any parking meter at which any vehicle is parked in violation of any of the provisions of this article and to record the license number of any such vehicle, making at the same time a duplicate of such record which shall be in the form of a notice to appear in the municipal court of the city to answer a complaint to be filed by such officer for such violation, and such notice shall be placed in a conspicuous place on the windshield or upon the front of the vehicle. After notice has been issued, a vehicle subsequently found illegally parked shall be immediately removed from the streets and impounded as provided elsewhere in this article." -2- PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the re- maining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remain- ing portions despite any such invalidity. PART III. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. PART IV. 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 pass- age. r ~ PASSED AND APPROVED This the 7 3 day of 1977. E',LINOR HUGHts, mAyu±v CITY OF DENTON, TEXAS ATTEST- BROOKS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: _PAUL C. ISHAM, CITY ATTOR Ems' CITY OF DENTON, TEXAS -3-