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2008-034- S:\Our Documenls\Ordinances\07\ParkingEnforcemenlAmcndmcnt.doc ORDINANCE NO. a NVO -0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS OF CHAPTER 18 RELATING TO MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 18-141 TO ALLOW FOR THE IMPOUNDMENT OR IMMOBILIZATION OF VEHICLES PARKED ON PRIVATE PROPERTY AS WELL AS PUBLIC PROPERTY IF THE VEHICLES MEET THE CRITERIA OF SECTION 18-140; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by amending Section 18-141 "Procedures for immobilization and/or impoundment" to add private property to the areas where vehicles may be immobilized in or impounded from if the criteria in Section 18-140 are met. Section 18-141 shall read as follows: Sec. 18-141. Procedures for immobilization and/or impoundment. (a) When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property in the city or upon any private property which the public has access to and such vehicle has met the criteria for immobilization or impoundment as provided in section 18-140, any authorized parking enforcement agent of the city may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to prohibit the movement of the vehicle. In the alternative, such vehicle may be towed and impounded, provided that the towing and impoundment is authorized at the direction of a peace officer. SECTION 2. 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 effect 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 invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. S:\Our Documenls\Ordinances\07\Parking[nforcementAmendment doc SECTION 5. This ordinance providing for a penalty 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 /#h day of 200ff PERR McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY sY: U, APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2