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HomeMy WebLinkAboutO-1948-368 . e ~'#'~_CJ \ 1 -. ORDINANCE NO. 368 AN ORDINANCE CREATING AND DEFINING PARKING METER ZONE IN THE CITY OF LA PORTE, TEXAS; PROVIDING FOR THE ~NSTALLATION, OP- ERATION AIID MAINTENANCE OF MECHANICAL DEVICES TO REGULATE PARKING IN SAID PARKING METER ZONE; PROVIDING FOR THE' COLLECTION OF REGU- LATORY AND INSPb'CTION FEES FOR THE USE OF SUCH DEVICES; PROVIDING FOR THE DEPOSIT OF SUCH FEES BY THE CITY CLERK IN A SPECIAL FUND; PROVIDING FOR THE METHOD AND PURPOSE OF DISBURSllMENT OF SAID FUND) MAKING IT t'"NLAWFUL TO USE THE STREETS OR PORTIONS OF THE STREFl'S SO DESIGNATED POR PARKING, EXCEPT THROUGH THE USE OF PARKING METERS; DEFINING WHAT ACTS WILL BE UNLAWFUL, AND FIXING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; AND REPEAL- ING CERTAIN SECTIONS OF ORDINANCES AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE BOARD OF CCNMISSIONERS OF THE CITY OF LA PORTE, TEXAS: Section 1. DEFINITIONS. For the purpose of this Ordinance (a) The word "vehicle" shall mean any device in, upon or by which an, person or property is or may be transported upon a street or highway. (b) The word "street" shall mean any public street or ave- nue located in the City ot La Porte and established tor the use ot e~' : --,' ." 'e. D.<-' . It= vehicles. (c) The word "person" shall mean and include an individual firm, partnership or corporation. (d) The word "operatorD shall mean and tnclude every in- dividual who Shall operate a vehicle as the owner thereof or as the agent, e~ployee, or permittee of the owner. (e) The \''101'ds "park" orlfparkingll when used herein shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers or merchandise. (t) The words "loading zone", when used herein shall mean a spaoe or section of the curb and adjacent street, set aside for the exclusive use ot loading or unloading of persons, merchandise, supplies and m B.te~1als. (g) Standard ot time. All hours ot time mentioned in this Ordinance refer to and shall be determined by "Central Stan- dard Time II , as commonly known, except, during any future t me, any standard of time establiahed 01' proclaimed by the United States for an area including La Porte, Texas, all such hours shall be de- termined by such otficially proclaimed standard, 80 long as same e remains in effect. . e -2- '. . '.- Section 2. SECTIONS APPLICABLE WHEN. The regulations pro- vided for in this Ordinance apply on all days other than Sunda,s and legal holidays, but only between the hours of 8:00 A. WI. and 6:00 P. M., and apply to all things covered or included in this Ordinance, except as to (1) use of loading zones, as provided in Section 15 hereof) and (2) use 01' parking spaces tor loading and unloading, as provided in Section 16 hereot. Section 3. PARKING METER ZONE DEFINED. The following des cribed parts 01' streets in the City 01' La Porte, Texas, are here- by established as "Parking Meter Zone", to-wita Tha~ part of West Main Street which:iies between Broadway and Fourth street. Section 4. SUPERTINTENDENr OF PUBLIC WORKS TO DESIGNATE PARKING MEl'ER SPACES AND LOADING ZONES. In said Parking Meter Zone, the Superintendent of Public Works ,is authorized to cause parking spaces and loading zones to be designated and maintained in and on such part and parts of such Parking Meter Zone which may be authorized by the Board of Commissioners from time to t 1m.e, in accordance with the provisions of this Ordinance. All spaces tor parking behicles shall be la1d out at an angle 01' approxi- mately forty-five (45) degrees to the curb, and shall be designat ad by white lines or marks painted on the surface of the .streets, -" ", ,~ . and shall be so laid out that there shall be one parking space 1'0 and at or near each installed parking meter. Loading zones for handling of passengers and heavy or bulk y merchandise, supplies and materials shall be 1a1d out and deaig nated by orange colored lines or marks on surface of street and/o curb, with the words "Loading Zone" painted thereon. No parking meter shall be installed in or adjacent to a loading zone. Section 5. LENGTH OF T]ME AND RATES CHARGED FOR PARKING. The following lengths ot time tor parking a vehicle in Q parking space, and the amounts ot money charged for such lengths or time, respectivelY9 for so us1ngparking spaces are hereby established. Twelve (12) minutes for one cent (It); Twenty-four (24) minutes tor two cents (2t); Th1r1iy-six :('36) minutes for three cents (3th ~ " . . e -3- .' Forty-eight (48) minutes for tour cents (4~); Sixty (60) minutes tor five cents (5~) - (one nickel or five pennies). . One Hundred Twenty (120) minutes tor ten cents (10~) - (two nickels or one nickel and five pennies). Section 6. INSTALIATION, OPERATION, ETC., OF PARKING METERS. The Superintendent of Public Works, or such o'ther offi- cers or employees ot the City ot La Porte as he may select, is hereby authorized to install and maintain, or cause to be install ad and main'tained,parking meters in and on such part and parts of said Parking Meter Zone, the installation and maintenance of which meters are or m.ay be _thorlzed by the Board ot Oommission- 81'S from time to time; and said Superintendent ot Public Works shall provide tor the regu1a~ion, control, operation and mainten- ance ot such parking meters in good workable condition. One park ing meter shall be placed or set upon the curb along side ot or next to the parking spaces designated, as herein provided, and shall be so set as to show or display a signal showing whether the parking space along side ot or next to the same is or is not legally in use. Each parking meter shall be installed. and set to display, upon the deposit ot a five-cent (5~) coin or one or more one-cent (l~) coins ot the United States therein, a signal indi- oa~ing legal parking for that periOd of time conforming to a limit ot parking time and charge therefor which is established by this Ordinance, which signal shall continue to operate trom. time of deposit of such coin or coins therein until the @xp1ration ot the time tixed tor uhich such deposited coin or coins 1s payment. Bach parking meter shall also be so arranged that upon expiration of such legal parking time, it will indicate by a mechanical op- eration and dropping or appearance of proper signal. that the law tu1 parking period fixed by this Ordinance has expired. Section 7. DEPOSIT OF COINS. When any vehicle shall be parked in any place alongside of or next to which there is locate , under th1s Ordtnance, a parking meter, the operator of said ve- hicle shallD upon entering said marked parking space, immediately deposit either a five-cent (5~) coin or one or more one-cent (l~) coins of the United States, in theelot made therefor, in the park "- ,,, ." e e -4- .6 \ ing meter alongside or or next to said parking space, and the said parking space may then be used by such vehicle during the parking time limit for which such deposited coin or coins 1s payment, as provided by this Ordinance. If the said vehicle shall remain park ed in any auch parking space beyong the parking time limit, for which such deposited coin or coins is payment, the parking meter shall display a sign showing 1llega1 parking, and in that event such vehicle shall be considered as parked over-time and beyond the perloe:. of time fixed by this Ordinance, and such parking of a vehicle over-tlme shall be a violation of this Ordinance and punc ished as hereinafter set out. tt) Sect ion 8. UNLAWFUL TO PARK OVER-TIME. It shall be un1aw- tu1 for any operator of a vehicle to cause, allow, pe~it or sut- fer any vehicle in his possession or under his control to be or remain in any parking space alongside of or next to which any park ing meter is placed while the meter 1s displaying a signal showing that such vehicle shall have already been parked beyond the period of time fixed by this Ordinance, for which payment has been made by deposit of a coin or coins in the parking meter alongside of or next to I!uch parking space. The display of a sign showing illegal parking by any parking meter, while a vehicle is parked in a park- ~i ing space adjoining said parking meter, shall be prima facie evi- dence that said vehicle has been parked over-time and beyond the period of time fixed by this Ordinance, for which payment has bee made by deposit ot a coin or coins in the parking meter alongside of or next to such parking space. Section 9. POLICE OFFICERS TO REPORT VIOLATION. It ahall be the duty ot the police officers of the City of La Porte to re~ porta ,.. ~'~." (a) The number of each parking meter Vlhich indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation of any of the provisions ot th10 Ordinance; (b) The name ot the State and number on the license plate~ it any, attached to such vehicle; . e -5- e' '"" (c) The length of time during which such vehicle 1s parked in violation of any of the provisions of this Ordinance, if and to the extent of the meter shows the time of over-parking; and (d) Any other fact, a knowledge of which is necessary to a thorough understanding of the circumstances attending such viola... tion. .e:'. Each such police officer shall also attach to such vehicle a notice toO the owner thereof that such vehicle has been parked in violation of the provisions of this Ordinance, and instructing such owner to report to the Corporation Court of the Oity in re- gard to sueh violation, at 10100 A. M. of the fifth day thereafter which is not a Sunday. Section 10. MANNER OF PARKING. Any behicl$ parked in any parking space in the Parking Meter Zone shall be parked at an angle of approximately forty-five (45) degrees to the curb, with the center of the radiator or front end directed at the parking meter next to suCh parking space and shall be parked ~holly within the lines marked on the street for such park1ng space, as provided. her ein. e' !-, ..: , " ,'" Section 11. UNLAWFUL TO PARK OTHER THAN WHOLLY WITHIN LINE~ OR MARKS ON STREET SURFACE. It shall be unlawful and an of- fense to park any vehicle across any such lines or marks or to park said vehicle in such way that the same shall not be wholly within the area so designated by such lines or marka on the stree Section 12. UNLAWFUL TO DEFACE METERS. It shall be unlaw surface. ..~, -~ ' fUl and an offense for any person to deface, injure, t~per with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the provisions of thia Ordinance. Section 13. UNLAWFUL TO DEPOSIT SLUG. It shall be unlaw- ful and an offense to deposit or cause to be deposited in any parking meter any slug, device or substitute for a five~cent (5~) coin or one-cent tl~) coin of the United States. Section 14. FEES TO COVER REGULATION, SUPERVISION, ETC. The United states coins required to be deposited, as provided i herein, &s are hereby charged as police regulation, 8upervision . e -6... - ~, " and inspection fees to cover the cost of the installation, mainten ence, inspection, operationg, control and use of parking space,s a parking meters described herein, and of checking up and regulating the parking of vehicles in the Parking Meter Zone created hereby. Section 15. USE OF LOADING ZONES FOR LOADING AND UNLOADING It shall be unlawful for any operator to stand or park a vehicle in a loading zone for the purpose of loading or unloading passeng- ers for a period in excess of two (2) minutes. The use of loading zones for the loading and unloading of merchandise, etc., shall be for handling of heavy or bulky mer- chandise, supplies and materials. All such loading and unloading must be performed in an expeditious manner and no vehicle may re- main in a loading zone either for a period of time longer than ne- cessary to expeditiously load or unload the same, or while the op- erator thereof is soliciting o~ engaged otherwise than the loading and unloading of the vehicle, except that a reasonable time shall be allowed for giving or securing a delivery receipt. :t~,. ;* ..:,a, ,:-. U!lLAWFUL TO OVER-PARK IN LOADING ZONE. It shall be unlaw.t\t tor any operator of a vehicle to stop or permit any vehicle in his possession or under his control to be or remain in any loading zone either tor the purpose of loading and/or unloading passengers for a period of time longer than two (2) minutes, or for purpose ot loadtng and/or unloading merchandise, supplies and materials for a longer period ot time than necessary to expeditiously load and/or unload such merChandise, supplies and materials, and give or secure a delivery receipt therefor. The provis1ons ot this section apply on all days and all hours, except that the Superintendent of Public Works 1s authorize to cause to be painted on the curb and/or adjacent street surface of any loading zone or 2'0 nes, the words I "Loading Zones. Re- served. A. M. to P. J/!. II and insert therein the numbers 9, , ~. indicating the hours so reserved, and then such regulations sball apply to such loading zone and zones, respectively during such reserved hours only, only so long as the figures, etc., indicating the hours of reservation are legible. . e -7- ,- , , Section 16. UNLAWFUL TO USE PARKING SPACES 'FOR LOADING AND UNLOADING, WITH CERTAIN EXCEPTIONS: It shall be unl awful for any a-' '."' operator of n vehicle to stop or park same in a parking space for purpose of loading and/or unloading of merchandise, aupplies, and ma~erials, except where the place of business, where such merchan- dise, etc., is to be 10ad,ed or unloaded, does not have either (1) a usable, entrance trom an adjoining alley, or (2) an otficia11y designated loading zone on that part of the street adjacent to such place of business; and where there is neither a usable entranc to a plaoe ot business from an alley, nor an officially designated loading zone on that part of the street adjacent to such place of business, the operator of a vehicle may, without making deposit in meter or meters, use not to exceed two parking spaoes for loading or unloading at such place of business, for the length of time ne- cessary to expeditiously load and/or unload such merc~andise, etc., and give or secure delivery receipt therefor; but it shall be un- lawful tor any operator to use more than two parking spaces for such loading or unloading or tor a longer t~e than necessary to expeditiously load or unload such merchandise, etc., and give or secure a delivery receipt therefor. Sect ion 17. IMPOU:NDING OF VEHICLES. In the event any ve- hicle shall be found standing or parked in or upon any regularly designated parking meter space, or in or upon any str~et within the Parking Meter Zone established by this Ordinance, in violation of any contrary to any of the provisions of this Ordinance, the same shall be a nuisance per se, and shall be removed by any pOlic officer and taken to some place designated by the Chief of Police for such purpose, and there kept by such officer until application for its redemption shall be made by the owner or his duly author- ised agent, who shall be entitled to the possession thereot upon pa~ent to the City of La Porte of the sum ot Two Dollars ($2.00) together with all other costs of removal and storage that may have accrued thereon. In the event the vehicle impounded shall not be redeemed by its owner or his agent, within five (5) days, then sueh vehicle shall be sold for such penalty, charges and costs, in .' -~ ...... '.-~. ' ,.~ " . :t" the manner prOVided by Ordinances ot the City of La Porte for the ". .'" ~', ~: ;' -~ ..' ..... -... ..... 'i!'\. .' " . . 4 . -8- sale of impounded stock. Section 19. IMPOUlIDING FEES AND COSTS TO BE CUMULATIVE. The remedy and impounding fee and costs provided for in this Ordi- nance shall be cumulative of any and all other penalties provided by Ordinances of the City. Section 19. COlItLECTION OF MONEY FROM METERS, ETC. It ahal be the duty 'Of the Board of Commissioners to d,es1gnate an officer or other peraon to make regular collection of the money deposited in said meters. In this connection, it shall be the duty of such officer of person 80 de,signated to pick up the sealed cylinders, containing the coins as deposited in the meters, and deliver said cylinders, with the seals unbroken, to the City Clerk as soon as practicable after removal from. m.eter. It shall be the duty of the City Clerk to break the seals and count the funds and deposit same to the credit of the City of La Porte in a special fund called "Parking Meter Fund It , which said fund shall be disbursed on order of the Board of Commissioners. The duties prescribed to the of- ficer or peraon of the City of La Porte, under the terms of this section, Shall be in addition to their regular duties. Each person so designated to collect suCh cylinders trom meters and deliver same to the City Clerk shall, if directed by the Board of Commissioners to do 80, execute a fiduciary bond in the sum of One Thousand Dollars ($1,000.00) payable to the City of La Porte, conditioned for the faithful performance of' his duties in collecting and delivering all such sealed cylinders and monies, which bond shall be executed by a corporate surety whioh has been duly authorizea under the laws of Texas to execute such bonds. The premium for such bond shall be paid by the City. Sect1t'>n 20. ORDINANCE CmWLATIVE, E:1'C. This Ordinance shall be and is hereby declared to be cumulative of all other Ordinances of the City of La Porte affecting trafficg and shall not operator to repeal any such Ordinance or Ordinanees, except insofar as the prOVisions ot such other Ordinance or Ordinances are inconsistent or in conflict with the provisions of this Ordinance, in which instance or instances, those provisions shall be and are hereby repealed. . ) ~,.. "':':'t -.. *' ".,.., .. ..... . e -9- Section 21. INVALID SECTION NOT TO INVALIDATE OTHER SEC- TIONS, ETC. If any section or provision or part thereof, in this Ordinance shall be adjudged invalid or unconstitutional by any Court of co~petent jurisdiction, such adjudication shall not af- fect the validity of this Ordinance as a whole or any section or provisions therefor not adjudged invalid or unconstitutional. Section 22. PENALTY FOR VIOLATION. Any person who shall violate any of the provisions of this Ordinance shall be guilty of an offense and upon conviction shall be fined in any sum not less than Twenty-five cents (25t) nor more than One Hundred Dollars ($100eOO). Section 23. As the City does not have any rule or Ordinanc requiring Ordinances to be read at more than one meeting, or that same be passed on more than one reading, this Ordinance shall take effect and be in full force and effect from and after its publica- t.1on. Passed and approved this the / t-t day of II ~tLv , A. D. 1948. ,-- exas. . e / '10/(1 j'''''... j~ '"-to . . ,. ~~., y I jJ ( , RESOLUTION .~ WHEREAS, the Oity Clerk ~eported on the survey he had been lDstructed to make with the ~t1l1t1es in the Oity as tollows: C1ty Water Department records show the number ot water con- nect10ns 1n1940, the date ot the laet Federal census, to be 527 and the nu.ber ,ot water connections in the City on Deoember 1, 1948 to be 909; The Bouston Natural Gas Corporation had 527 oonsumers in the City tn 1940 and on December 1, 1948 had 905 consumers; The Houston Ltghtih8 & Power, Company on December 1, 1948 had 1073 consumers in the Oity; the exact number of consumers in 1940 is not available but the present number ot oomsumers is approximately double that ot 1940; alld, -_.~ e: '../ WHEREAS, based up~n a population of 3072, as shown by the lf~40 Pederal cenaus, thepopulatlon ot the City ot La Porte on December lj~ 1948 is indicated a, tOllows" Cit, Water Depa~tment, 5454 inhabitants; Hou.ton Natural Gas Oorporation, 6678 inhabitants; HOUlton Lighting & Power Company. 6144 inhabitants; &J:1d, / '- ..-/ WHEREAS, the Engineer '8 report on Extension ot the Water and Sewer system. tor ,the Cttl of La Porte,' dated August 18, 1947, made by Wyatt C. B.drick, Engineer, Houston, Texas, shows the population in the spring ot 1947 to be 4200 1nhabi~ants, with 1015 houses; and WHEftBA.S, said Eilg'ineer estimated that when the houses in- eireased to 1258 there would be a total population ot 5200 persona; and, WHEREAS, tho Cit1 permits show that 269 additional houses .e~e constructed in the Cit1 of La Porte trom April, 1947 to December, 1.948, making a present total ot 1384 housel, showing an increase in I~opulatlon to a present total or 5724 inhabitants in the City of La Porte, amd "./' ----......, . ~- WHBREAS, the Fed.ral census 1~ 1920 shows the population of , .~ La Porte to be 889, the Federal oensus in 1930 ahow. the population of ]~a Porte to be 1280 and the Federal census in 1940 shows the population C)! La Porte to be 3072; and ~ WHiREAS, th~ rate ot increase in population has been greater ~' in the period since the Federal ceneus in 1940 to date, it 1s evident ., .that the population olLs Porte 1s in excess of 6000 inhabitants; and WHERRAS, based upon the above information, statements of the La Porte Independent SOhool District officials, ot the City Superin- ....a.-. .). "- ./ a" \ tendent of the Water and Sewer Departments,;. of busln.ss men and other's ." ~ in La Porte familiar witli the growth and population ot t~e Cl,ty, and upon all other rellable, avallable intormation, ,t~e Bo,ard of Commiss ioners ot the City ot La Porte ttnd and determine that on Deoember 1, 1946 there were 5454, and more, inhabitants 1n the City ot La Porte; that on such date, and prior thereto, the Clty of La Porte had, and now has, a population ot more than 5000 persolls; , NOW, THEREFORE, BE IT RESOLVED BY THE BOARD og C(J4MISSIONEJ~S OF THE CITY OF LA PORTE, T:mxAS: That the City ot La Porte, Texas had, 'on December 1, 1948, and now has, a population afmore than 5000 inhabitant. and here now find, determine and declare that the City otLa Porte, Texas is a City ot more than 5000 tnhab1tants; subjeot to all the general laws of this state prescribing municipal powers, fUnotions, rights and privileges for Citles and Towns of more than 5000 lnhabitants; And lt ls so ordered. -2... . , -'~ ' , , r- 0;