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Home My WebLink AboutO-2003-2638 REQUEST FOR CITY 06/09/03 Agenda Date Requested: Appropriation Requested By: Source of Funds: N/A Department: Police Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Amount Requested: l'T I A. Ordinance Amendment Budgeted Item: YES NO XX Exhibits: SUMMARY & RECOMMENDATION On May 19, 2003 the Council held a Workshop in which an amendment to Chapter 70 adding a new Article VIII, Public Parking Vehicles for Sale Prohibited was discussed in draft form. This amendment addresses the issue of persons parking their vehicles for sale at locations not designed or designated for the sale of Motor Vehicles. The amendment defines unauthorized locations as: Unauthorized location means any area where a vehicle for sale is parked when that area does not have both a zoning permit issued by the City of La Porte for the sale of vehicles, a copy of which has been filed with the Chief of Police of the City of La Porte, and a license from the Texas Department of Transportation for the sale of vehicles at that location. This ordinance affects the owner of the vehicle and the property owner who allows a vehicle to be sold on their property. There were no recommended changes to the draft form as a result of the Workshop. Action Required bv Council: Approval of the Ordinance Amendment to Chapter 70 by adding Article VIII Public Parking of Vehicles for Sale Prohibited A {p -cf -0 3 Date PUBLIC NOTICE ORDINANCE 2003-2638 AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING A NEW ARTICLE, BEING ARTICLE VIII, PARKING OF VEHICLES FOR SALE IN UNAUTHORIZED LOCATIONS PROHIBITED; PROVIDING FOR CERTAIN EXCEPTIONS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($ 500.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE SATE HEREOF CITY OF LA PORTE s/Norman L. Malone, Mayor ATTEST: slMartha A. Gillett, City Secretary APPROVED: slKnox W. Askins, City Attorney ORDINANCE NO. 20 0 3-lit. 3 ~ AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING A NEW ARTICLE, BEING ARTICLE VIII, PARKING OF VEHICLES FOR SALE IN UNAUTHORIZED LOCA TIONS PROHIBITED; PROVIDING FOR CERTAIN EXCEPTIONS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, following a study, review, and discussion of problems posed by the parking of vehicles for sale in unauthorized locations within the City, the Chief of Police of the City of La Porte has recommended that the City regulate the parking of vehicles for sale in unauthorized locations within the City; and WHEREAS, the City Council has received the report and recommendation of the Chief of Police; and WHEREAS, based on the recommendation of the Chief of Police, and its own study, review, and discussion, the City Council makes the following findings regarding the parking of vehicles for sale in unauthorized locations within the City: A vehicle for sale, when parked in an unauthorized location where it is visible from a public place or public right-of-way: 1. Is detrimental to the safety and welfare of the general public, 2. Tends to attract attention of passers-by on roadways where slowing traffic presents a hazard to motorists and pedestrians, 3. Leads drivers to enter onto premises where the vehicle for sale is parked even when no legitimate paved access exists, 4. Invites customer inspection in unprotected settings where inspection may be unsafe near moving traffic lanes, 5. Contributes to a proliferation of vehicles parked in areas not generally designed for parking, such as vacant lots and other unpaved areas, 6. Entices further misuse of an unauthorized location, paved or unpaved, for vehicle sales by other persons with vehicles for sale, 7. Produces deleterious effects on the exercise of lawful vehicle sales at legitimate, authorized locations, and 8. Produces urban blight, which is adverse to the maintenance and continuing development of the City. ORDINANCE NO. 2003- JltJ31 PAGE 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. The City Council of the City of La Porte hereby finds, determines and declares that the preamble to this ordinance is true and correct in all aspects, and hereby determines and declares that the public parking of vehicles for sale is a public nuisance. SECTION 2. Chapter 70, Article I., Section 70-1 of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding in correct alphabetical sequence the following definitions: "Unauthorized location means any area where a vehicle for sale is parked when that area does not have both a zoning permit issued by the City of La Porte for the sale of vehicles, a copy of which has been filed with the Chief of Police of the City of La Porte, and a license from the Texas Department of Transportation for the sale of vehicles at that location. "Vehicle for sale means any motor vehicle, boat, trailer, jet ski, recreational vehicle, camper or other vehicle (collectively called "vehicle" or "vehicles") having displayed thereon any writing or signage indicating such vehicle is for sale." SECTION 3. Chapter 70 of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Article VIII Public parking of vehicles for sale prohibited, which shall hereafter read as follows, to-wit: Article VIII. Public parking of vehicles for sale prohibited. "Sec 70-300 Offense. A person commits an offense when the person knowingly causes a vehicle for sale to be parked in an unauthorized location or knowingly permits a vehicle for sale to be parked in an unauthorized location within the City of La Porte, by: (1) actually parking the vehicle for sale at the unauthorized location, or ORDINANCE NO. 2003- ~ & 3'1 PAGE 3 (2) having ownership, care, custody or control of the unauthorized location where the vehicle for sale is parked. In a prosecution under this section, it is presumed that the registered owner of the vehicle for sale is the person who parked the vehicle for sale at the time and place the offense occurred Sec. 70-301 Exemptions The provisions of this ordinance do not apply to a vehicle for sale parked in a lawful manner in the course of its normal use as a means of transportation: (1) Upon the premises of or immediately adjacent to a single-family residence if the vehicle is registered to, owned or operated by the owner or legal occupant of the single-family residence; or (2) In a permitted parking space at a multi-family housing facility if the vehicle is registered to, owned by or operated by the owner or legal occupant of a unit in the multi-family housing facility; or (3) In the parking area of a commercial establishment or place of b!Jsiness when the driver is then and there employed and working or is then and there transacting business at the establishment or business. Sec 70-302 Impoundment of vehicles by City permitted Any vehicle found to be in violation of this section shall be deemed unlawful and may immediately be removed to a state-approved licensed storage facility." SECTION 4. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to ORDINANCE NO. 2003- ~~38 PAGE 4 be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. SECTION 6. 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 preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE~ DAY OF JU n L ,2003. CITY OF LA PORTE By:~L N RMAN ALON , Mayor ORDINANCE NO. 2003-~ PAGE 5 ATTEST: BY:~ M RTHA ILLETT, City Secretary APPROVED: .ARMST nt City Attorney