O-2012-3422 amend Ch70/establishing regulations for Disabled Parking in city limits

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(b) Violations of disabled parking regulations on public or private property are governed by, and may be enforced pursuant to, Chapter 681, Texas Transportation Code, as amended. (c) As authorized by Texas Transportation Code Sec. 681.011(f), the entirety of Texas Transportation Code Sec. 681.011 is hereby adopted to apply to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Texas Transportation Code Sec. 681.009(b), as amended. (d) An unauthorized vehicle, whether on public or private property, may be removed and stored at the expense of the owner or operator of the vehicle in accordance with the provisions of Chapter 2308 of the Texas Occupations Code, as amended. (e) A vehicle is an unauthorized vehicle for purposes of this section if the vehicle: (A) does not display a disabled person or disabled veteran license plate, a disabled parking placard, or a license plate or placard bearing the international symbol of access, and the vehicle is parked, stopped, or standing in a parking space or area designated specifically for the disabled; or (B) is blocking an access ramp or any other architectural improvement designed to aid disabled persons. (f) Violations of this ordinance shall be punishable as provided in State law." Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed one thousand two hundred fifty dollars ($1250.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law