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HomeMy WebLinkAboutO-1957-519 ~~ .:'.1 . , ; ~' " /~\ '.' , ; , J ~~ , - , .:,:' /....--'" I,.' / '. , v 'I . e .0. -....- --~-.. ..... \ ORD INANCE NO, ~ / 'I AN ORDINANCE CREATING AND DEFINING PARKING METER ZONE IN THE CITY OF LA PORTE, TEXAS; PROVIDING FOR THE INSTALLATION. OPERATION AND MAINTENANCE OF MECH - ICAL DEVICES TO REGULATE PARKING IN SAID PARKING METER. ZONE. PROVIDING FOR THE COLLECTION OF REGULATORY AND INSPECTION FEES FOR THE USE OF SUCH DEVICES: PROVI- DIGING FOR THE DEPO,SIT OF SUCH FEES BY THE CITY CLERK IN A SPECIAL FUND jPROVIDI G FOR THE METHOD AND PURPOSE OF DISBURSEMENT OF SAm FUND; MAKING rr UNLAWFUL TO USE THE STREETS OR PORTIONS OF THE STREETS SO DESIGNATED FOR PARKINGJ EXCEPT THROUGH THE USE OF PARKING METERSj DEFINING WHAT ACTS WILL BE UNLAWFUL. AND FIXI G PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; AND REPEALING CERTAIN SECTIONS OF ORDINANCES AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CON FLICT HEREWITH. AND REPEALING ORDINANCE NO, 368 AND ORDINANCE NO. 453. TEXAS: BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LA PORTE. Section 1. DEFINITIONS, For the purpose of this Ordinance, (a) The word "vehiclen shall mean any device in. upon or by which any person or property is or may be transported upon a street or highway. (b) The word Ustreet" shall mean any public street or avenue located in the City of La porte and established for the use of vehicles. (c) The word "person" shall mean and include an individual. firm. partn r- ship or corporation. (d) The word llope,rator" shall mean and include every individual who sha 1 operate a vehicle as the owner thereof or as the agent. employee. or permittee 0 the owner. (e) The words "parkU or "parkingll when used herein shall mean the stand 'ng of a vehicle. whether occupied or not. otherwise than temporarily for the purpos of and while actually engaged in loading or unloading passengers or merchandise. (f) The words uloading zone", when used herein shall mean a space or S6 tion of the curb and adJ80ent street. set aside for the exclusive use of loading or unloading~ persons. merchandise. supplies and materials. (g) Standard of time. All bours ot time mentioned in this Ordinance refer to and sball be determined by "Central Standard Timell, as commonly known, except. during any future timet any standard of time established or proclaimed by the United States for an area including La Porte. Texas, all such hours shall be determined by such officially proclaimed standard. so long as same~mains in eU ec t. Section 2. SECTIONS APPLICABLE WHEN. The regulations provided for in this Ordinance apply on all days other than Sundays and legal holidays, but only between the hours of 8:00 A, M, 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 r\ . ,~ .~ , '" .' ",,; \ '. !;i-"" J ~\ :.' I: '~!:' ~ -,~ . e -2- Section 15 hereof i and (2) use of parking spaces for loading and unloading. as provided in Section 16 hereof. Section 3. PARKING METER ZONE DEFINED. The following described parts 0 streets in the City of La Porte. Texas. are hereby established as "Parking Meter Zone". to-wit: That part of West Main Street which lies between Broadway and Fifth Street and that part of South Fourth Street which lies between lest Main Street and South "An Street. Section 4. ,SUPERINTENDENT OF PUBLIC WORKS TO DESIGNATE PARKING METER SPACES AND LOADING ZONES. In said Parking Meter Zone. the Superintendent of Pub lie Works is authorized to cause parking spaces and loading zones to be designat 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 time, in accordance with the provisions of this Ordinance. All spaces for parking vehicles shall be laid out for parall~l parking and shall be designated by lines or marks of a different color than the surface of the street, painted on the surface of the street. and shall be so laid out that there shall be pne parking space for, at or 'near each installed parking meter. Loading zones for handling of passengers and heavy or bulky merchandise. supplies and materials shall be laid out and designated by orange colored lines or marks on sgrface of street and/or curb. with the words "Loading Zone" painted thereon:} No parking meter shall be installed in or adjacent to a loadigg zone. Section 5. LENGTH OF TIME AND RATES CHARGED FOR PARKING. The following lengths of time for parking a vehicle in a parking space. and the amounts of mone charged for such lengths of time, respectively. for so using parking spaces are hereby established. Twelve (12) minutes for one cent O~) i Twenty--Four (24) minutes for two cents (2,)j Thirty-Six (36) minutes for three cents (3~)1 Forty-Ei9bt (48) minutes for four cents (44); Sixty (60) minutes for five cents (54) - (one nickel or five pennies)i One Hundred Twenty (120) minutes for ten cents (10,) - (two nickels or one nickel and five pennies). Section 6. INSTALLATION. OPERATION. ET C.. OF PARKING METERS. The Super- intendent of Public Works. or such other officers or employees of the City of ~a , orte as he..may select. is hereby authorized to install and maintain, or cause to e installed and maintained1 parking meters in and on such part and parts of said arking Meter Zone. the installation and maintenance of which meters are or may b /.......-\ .\ .... ~_!!Y' , J r,,\ e'l' I I I ' ~'" \ .~, ' ~"\ ..."""~ 'I ~" : -- . e -3- authorized by the Board of Commissioners from' time to time; and said Superinten- dent of fublic Works shall provide for the regulation, control. operation and maintenance of such parking meters in good workable condition. One parking mete shall be placed or set upon the curb along side of or next to the parking spaces designated, as herein provided, and shall be so set as to show or display a sign 1 showing whether the parking space along side of 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 of a five-cent (5~) coin or one or more one-cent UU coins of the United States therein. a signal indicating legal parking for that period of time conforming to a limit of parking time and charge therefor wh.1ch is established b I this Ordinance, which signal shall continue to operate from time of deposit of Ii such coin or coins therein until the expiration of the time fixed for whichsuch deposited coin or coins is payment. Each puking meter shall also be so arrange that upon expiration of such legal parking time, it will indicate by a mechanica operation and dropping Of appearance of proper signal, that the lawful parking period fixed by this Ordinance has expired. Section 7. DEPOSIT OF COINS. When any vehicle shall be parked in any plaee along side of or next to which there is located. under this Ordinance. a parking meter, the operator of said vehicle shall, 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 the slot made therefor. in the park ing meter alongside of 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 ~oin or coins is payment. as provided by this Ordinance. If the said vehicle shall remain parked in any such parki~g space beyond the parking time limit, for which such deposited coin or coins is payment. the parking meter shal display a sign showing illegal parking, and in that event such vehicle shall be considered as parked over-time and beyond the period of time fixed by this Ordi- nance, and such. parking of a vehicle over-time shall be a violation of this Ordi I nance and punished as hereinafter set out. , Section 8. UNLAWFUL TO PARK OVERTIME. It shall be unla~!ul f~r ~ny ~"--""""""".".'''.'''''''lo..,,,..zF ...~. -.. .... .....1,. cause, allow, permit or suffer any vehicle in his posse s-- --. ~~..a,".":"'" . ......~...,.. ", to be or remain in any par.ki~.l ,s.p~ce alongside of or ne t ...,.. ...............,...,'.....~,..:,. ~~,:.~l................ .......... ...... . .. ... to which any parking meter is placed while the meter is displaying a signal show ~",....~-..._: -II' :c:..o.r.... .......11.., .....__......"""'..... -.:.-.~..... '.' I" ....... '.::.. ,'..' '.., 4;.1-:1"".-:- ~~ operator of a vehicle to ~...._ ..4-" I -............~ ion or under bis control ~"'\ I ,", , .' \ /~\ :.;: , . ~~. er: \1 ,,=-,/ ' /,.~ ~ ' . e -4- iDg that ~E~t.Y,"~JliUlt-.~.b.,~J.l ,~!!yt,!!..~~~!~~,..~,~!,<~."p'~~'~~i'~.~,~l~!,~.. ~~.~. p,~~Jod".o,f ..tJ~e ,-.-.- ---.... fixed by this OrdiDaDce..for which paymeDt bas beeD made by deposit of a COiD or ~'''''~'Ii5'.~t.'''''''''''!"II~.r"",,~_~, COiDS OD the parkiDg meter alongside of or Dext to such parkiDg space. The dis- play of a sigD showiDg illegal parkiDg by aDY parkiDg meter. while a vehicle is parked iD aparkiDg space adjoiniDg said parkiDg meter. shall be prima facie evi- deDce that said vehicle has beeD parked over-time aDd beyoDd the period of time fixed by this OrdiDance. for which paymeDt has beeD made by deposit of a coiD or COiDS iD the parkiDg meter aloDgside of or Dext to such parkiDg space. Section 9. POLICE OFFICERS TO REPORT VIOLATION. It shall be the duty 0 the police officers of the City of La Porte to report: h) The Dumber of each parkiDg meter whicb iDdicates that the vehicle 'occupyiDg th e parking space adjac,ent to such parking meter is or has been parked in violation of any of the provisions of this Ordinancej (b) The name of the State and number on the license plate. if aDY. atta hed to such vehicle j (c) The leDgth of time duriDg wh.iCh such vehicle is parked iD violatioD of aDY of the provisions of this OrdiDance. if aDd to the exteDt of the meter sh ws the time of over-parking; aDd (d) Any other fact. a knowledge of which is necessary to a thorough understanding of tbe circumstances attending such violation. (e) EaCh sucb police officer shall also attach to such vehicle a notice to the owner thereof that such vebicle has beeD parked in violation of tbe pro~ visions of this Ordinance. aDd iDstructiDg sucb owner to report to tbe Corporati D Court of the City in regard to such violation at a time speeified thereiD. and n t less thaD five (5) days after the date of such violation. Section 10. MANNER OF ,PARKING. Eacb and every vebicle parked in any parkiDg space in the parkiDg meter zones shall be parked parallel with. aDd not more than eighteen (18) incbes from. the curb on the right baDd side of tbe stre t iD the direction in whiCh such vehicle is facing. Section 11. UNLAWFUL TO PARK OTHER THAN WHOLLY WITHIN LINES OR MARKS ON STREET SURFACE. It sball be uDlawful aDd an offense to park any vebicle across any such lines or marks or to park said vehicle in sucb way,tbat"tbe~same shall not be wbolly witbin tbe area so designated by sucb lines or marks on tbe street surface. !~"'\ , '=" ~~\ l.'j ~\ .'. \ '~ , , ~"\ ::.''''''-- I, \ , I '~ . e -5- Section 12. UNLAWFUL TO DEFACE ,METERS. It shall be unlawful and an of- fense for any person to deface, injure, tamper with, open or wilfully break, des troy or i,mpair the usefulness of any parking meter installed under the prvvision of this Ordinance. Section 13. UNLAWFUL TO DEPOSIT SLUG. It shall be unlawful and an offe se I to deposit or cause to be deposited in any parking meter any slug, device or sub stitute for a five-cent (5,) coin or one-cent (1,) coin of the United States. Section 14. FEES TO COVER REGULATION, SUPERVISION, ETC. The United Sta es coins required to be depo sited, as provided herein, 'are hereby charged as po- lice regulation, supervision and inspection fees to cover the cost of the instal - ation. maintenance, inspection. operation, control and use of parking spaces and parking meters described berein, and of checking up and regulating the parking 0 I vehicles in the ,Parking Meter Zone created hereby. Section 15. USE OF LOADING ZONES FOR LOADING AND UNLOADING. It shall b unlawful for any ~perator to stand or park a vehicle in a loading zone for the purpose of loading or unloading passengers for a period in excessof two (2) minu es. The use of loading zones for the loading and unloading of merchandise, etc.. shall be for handling of heavy or bulky merchandise. supplies and material. All such loading and unloading must be performed in an expeditious manner and no vehicle may remain, in a loading zone either for a pel'iod of time longer than nee s- suy to expeditiously load or unload the same. or while the operator thereof is soliciting or 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. -' UNLAWFUL TO OVER-PARK IN LOADING ZONE. It shall be unlawful for any ope a- tor of a vehicle to stop or permit any vehicle in his possession or under his co - trol to be or remain in any loading zone either for the purpose of loading and/o unloading passengers for a period of time longer than two (2) minutes. or for pu - pose of loading and/or unloading merchandise, supplies and materials for a longe period of time than necessary to expeditiously load and/or unload such merchandi supplies md materials, an~ give or secure a delivery receipt therefor. The provisions ot this section apply on all days and all hours, except that the Superintendent of Public Works is authorized m cause to be painted on the curb and/or adjacent street surface of any loading zone or zones. the words: ~~ I " ' :. '. , . , , \ i ,:/ r\ , .~; J '=-' " " !~I'" 'I~ , '! ; .' I . --~ ' ~,' .,' ~~ :1., '. ., , ......... / . e -6- "Loading Zones. Reserved _AI M. to PI MI" and insert tberein the I numbers indicating the hours so reserved, and then such regulations shall apply to such loading zone and zones, respectively during such reserved hours only, only so long as the figures. etc., indicating tbe hours of reservation are legib e. Sec~ion 16. UNLAWFUL TO USE PARKING SPACES FOR LOADING AND UNLOADING. i TH CERTAIN EXCEPTIONS: It shall be unlawful for any operator of a vehicle to stop or park same in a parking space for purpose of loading and/or unloading of mer- cbandise. supplies. and materials, except where the place of business, where sue merchandise, et c., is to be loaded or unloaded, does not have either (1) a usab e entrance 1rom an adjoining alley, or (2) an officially designated loading zone 0 that part of the street adjacent to such place of businessj and where there is neither a usable entrante to a place of business from an alley, nor an official y designated loading zone on that part of the street adjacent to such place of bus - ness. the operator of a vehicle may, without making deposit in meter or meters, use not to exceed two parking spa,ces for loading or unloading at such place of business, for the length of time necessary to expeditiously load and/or unload . SUCh merchandise, etc., and give or secure delivery receipt thereforj but it sha 1 be unlawful for any operator to use more than two parking spaces for such loadin or unloading or for a longer time than necessary to expeditim51y load or unload summercbandise. etc., and give or secure a delivery receipt tberefor. Section 11. IMPOUNDING OF VEHICLES. In tbe event any vehicle sball be found standing or parked in or upm any reg,ularly designated parking meter space, or in or upon any street witbin tbe Parking Meter Zone established by tb~ Ordi- nance. in violation of. and contrary to, any of the provisions of tbis Ordinance tbe same sball be a nuisance per set and shall be removed by any police officer and taken to some place designated by the Chief of Police for sucb p~rpose, and there kept by such officer until application for its redemption shall be made by tbe owner or bis duly autborized agent. who shall be entitled to the possession there of upon payment to the City of La Porte of the sum of Two Dollars ($2.00) together with all other costs of removal and storage that may have accrued there n. In tbe event tbe vehicle impounded shall not be redeemed by its owner or bis age t. within five (5) days. tben such vehicle shall be sold for sucb penalty. charges and costs. in tbe manner provided by Ordinances of the City of La Porte for tbe I sale of impounded stock. ~'\ '.' . '\ . , ~ ~, .~~ , :.~' ,/ ....-/ ~~ '1/ "t/ \; ,\,!!!!!!!!!7 , /~ '---I" \ I . > ~ " , " . e -7-- Section 18. IMPOUNDING FEES AND COSTS TO BE CUMULATIVE. The remedy and impounding fee and costs proVided for in this Ordinance shall be cumulative of any and all other penalties provided by Ordinances of the City. Section 19. COLLECTION OF MONEY FROM METERS, ETC., It shall be the duty of the Board of Commissioners to designate an officer or other per.s.on to make re u- lar collection of the money deposited in said meters. In this connection, it shall be the duty of such officer or person so designated to pick up the sealed cylinders, containing the coins as deposited in the meters, and deliver said cyl n- ders. with the seals unbroken. to the Eity Clerk as soon as practicable after r moval from meter. It shall be the duty of the City Clerk to break the seals and count the funds a~d deposit same to the credit of the City of La Porte tn a spec al fund called .Parking Meter Fund". which said fund shall be disbursed on order of the Board of Commissioners. The duties prescribed to the officer or person 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 from meters and de- liver same to the City Clerk shall, if directed by the Board of Commissioners to do so, execute a 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 moneys, which bond shall be executed bya corporate surety which has been duly authorized under the laws of Texas to execute such bonds. The premium for such bond shall be paid by the City. Section 20. ORDINANCE CUMULATIVE, ETe.. This Ordinance shall be and is I hereby declared to be cumulative of all other Ordinances of the City of La Porte I affecting traffic, and shall not operate to repeal any such Ordinance or Ordinan es, except insofar as the provisions of such other Ordi.nance or Ordinances are incon sistent or in conflict with the provisions of this Ordinance, in which instance or instances, those provisions shall be and are hereby repealed, and except fur- ther that Ordinance No. 368, passed on the 1st day of November, A. D. 1948. and Ordinance No. 453, passed on the 2d day of October, A. D. 1953, shall be, and th y are hereby. expressly repealed. Section 21. INVALID SECTION NOT TO INVALIDATE OTHER SECTIONS, ETC. If u any section or provision or part thereof, in this rdinance shall be adjudged I-~ ei: , '0:::::;:/ .' , /~-. - :. ;";;:"'l,~~~"~--"''<~,~~ ~~, ~/ '(' f' ATl'ES1;' _ -;,. ~ ,,'~ . .....~.: . ':'~.......... - ..'.... j --. ~'\ ;' .,: ~.?' -:;;.; -:.. -~..-:.~. ; /~ 4',.' ~\ " /~~\ 41 ) 0.,;;;:;.... : " " e . . , , ~ -8- invalid or unconstitutional by any Court of competent jurisdiction. such adjudi- cation shall not affect the validity of this Ordinance as a whole or any section I 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 convicti n shall be fiUtd in any sum not less than Twenty-Five Cents (25~) nor more than On Hundred Dollars ($100.00). Section 23. This Ordinance shall take effect and be. in force from and after its passage and approval and publication as required by law. Passed and approved this the _/1 day of 7&'--. A. D. 1957. 't ". Porte. Texas AJ-<-J City of La Porte, Texas ::.' I I j