HomeMy WebLinkAboutO-2004-2172-A original in 1997
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ORDINANCE NO.. ~- '11- ~/7J -Q..,
AN ORDINANCE AMENDING CHAPTER 70, "TRAFFIC AND VEHICLES", OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE; 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); PROVIDING FOR PUBLICATION OF
THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SectioD 1. Chapter 70, Article I, Section 70-1, of the Code
of Ordinances of the City of La Porte is hereby amended by adding
in correct alphabetical sequence the following definitions:
"HUD-code manufactured home means a structure, constructed
on or after June 15, 1976, according to the rules of the
United States Department of Housing and Urban Development,
transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width or 40 body feet or
more in length, or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and
electrical systems."
"Manufactured housing or manufactured home means a HUD-code
manufactured home or a mobile home and collectively means and
refers to both."
"Mobile home means a structure that was constructed before
June 15, 1976, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or
40 body feet or more in length, or, when erected on site, is
320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air-
conditioning, and electrical systems."
"Recreational vehicle means a motor vehicle primarily
designed as temporary living quarters for recreational camping
or travel use. The term includes a travel trailer, camping
trailer, truck camper, and motor home."
SectioD 2. Chapter 70, Article I, section 70-179, of the Code
of Ordinances of the City of La Porte is hereby amended, to
hereafter read as follows:
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"Sec. 70-179. ParkiDg time limit for trailers, semitrailers
aDd other types of trailers.
It shall be unlawful for any person to knowingly leave, stand
or park a trailer, semitrailer, pole trailer, ranch trailer,
boat, house trailer, utility trailer or truck tractor, either
attached or unattached to a motor vehicle, in any public
street, alley, unimproved right-of-way, or other public place
in the city for a period of time in excess of four hours, or
during any nighttime hours. Trucks bearing a department of
transportation (DOT) placard shall not be parked on any street
for a period of time in excess of one hour. A placard vehicle
shall not be parked within 2,000 feet of a school campus.
(Code 1970, ~25-64; Ord. No. 1792, ~1(25--64), 10-28-91; Ord.
No. 97-2172, ~1, 4-14-97)"
SectioD 3. Chapter 70, Article I, Section 70-181, of the Code
of Ordinances of the City of La Porte is hereby amended, to
hereafter read as follows:
"Sec. 70-181. ParkiDg maDufactured homes OD streets or iD
public parks.
It shall be unlawful for any person to knowingly park, place
or locate any recreational vehicle or manufactured home upon
any public street, public park, alley, unimproved right-of-
way, or other public place within the city limits for a period
of more than four hours. Such recreational vehicles or
manufactured homes shall be parked parallel to the right side
curb, completely clear of driving lanes or areas of such
street or park, and facing the direction which traffic shall
be designated to travel on such side of such street or in such
driving area.
(Code 1970, ~14-3)
Cross refereDce-Mobile homes and mobile homes parks, ch. 98."
SectioD 4.
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
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upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SectioD 5. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice to the passage of the ordinance 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 I~day of
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, 2004.
CITY OF LA PORTE
B~-= t'e"-n-.... l: . 6r,-f{;Hj
Mayor p(07em
ATTEST:
~ a rdirJ1L
wr!IJtJv '
Mart A. Gillett
City Secretary
APPROVED:
~7~~
Clark T. Askins
Assistant City Attorney
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TRAFFIC AND VEHICLES
~ 70-1
ARTICLE I. IN GENERAL
Sec. 70-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized emergency vehicles means vehicles of the fIre department (fire patroD, police
vehicles, public and private ambulances for which permits have been issued by the state board
of health, such emergency vehicles of municipal departments or public service corporations as
are designated or authorized by the city council and private vehicles operated by volunteer
fIrefIghters while answering a fIre alarm.
Crosswalk means that part of a r~adway at any intersection included within the connections
of the lateral lines of the sidewalks on opposite sides of the street, whether marked or not,
measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
The word "crosswalk" also includes any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrians crossing by lines or other markings on the surface.
Intersection means the area embraced within the prolongation or connection of the lateral
curblines, or if none, then the lateral boundary lines, of the roadways of two streets which join
one another at, or approximately at, right angles, or the area within which vehicles traveling
upon different streets joining at any other angle may come in conflict. Where a street includes
two roadways, 30 feet or more apart, then every crossing of each roadway of such divided street
by an intersecting street shall be regarded as a separate intersection. If such intersecting
street also includes two roadways 30 feet or more apart, then every crossing of two roadways
of such streets shall be regarded as a separate intersection.
Loading zone means a space or section of the curb and adjacent street, set aside for the
exclusive use of loading or unloading of persons, merchandise, supplies and materials.
Motor vehicle means every vehicle which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
Nighttime means the period beginning one-half hour after sunset and ending one-half hour
before sunrise.
OffLCial traffLC control devices means all signs, signals, markings, and devices not inconsis-
tent with this chapter placed or erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning or guiding traffic.
Operator or driver means any person who drives or is in actual physical control of a vehicle.
Park or parking means 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.
Pedestrian means any person afoot.
CD70:3
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~ 70-1
LA PORTE CODE
Pole trailer means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or-
otherwise secured to the towing vehicle, and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
Police officer means any member of the police department of the city authorized by law to
make arrests in traffic offenses.
Right-or-way means the privilege of immediate use of the roadway.
Roadway means that portion of a street improved, designed or ordinarily used for vehicular
travel. If a street includes two or more separate roadways, the term "roadway" shall refer to
any such roadway separately, but not to all such roadways collectively.
School bus means every motor vehicle owned by a public or governmental agency and
operated for the transportation of children to or from school or privately owned and operated,
for compensation, for the transportation of children to or from school.
Semitrailer means every vehicle, with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests upon or is carried by another
vehicle.
Standard or time. All hours of time mentioned in this chapter refer to and shall be
determined by Central Standard Time, as commonly known, except, during any future time,
any standard of time established or proclaimed by the United States for an area including the
city, all such hours shall be determined by such officially proclaimed standard, so long as such
standard remains in effect.
Stop means, when required, complete cessation of movement.
Stop, stopping or standing means, when prohibited, any stopping or standing of a vehicle,
whether occupied or not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic control sign or signal.
TrarfLC means pedestrians, ridden or herded animals, vehicles and other conveyances, either
singly or together, while using any street for purposes of travel.
Trailer means every vehicle, with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor vehicle and so
constructed that no part of its weight rests upon the towing vehicle.
Vehicle means every device in, upon or by which any person or property is or may be
transported or drawn upon a public highway.
(Code 1970, ~ 25-1)
Cross reference-Definitions generally, ~ 1-2.
State law reference-Similar defInitions, 'Y.T.C.A., Transportation Code ~~ 541.001,
541.201, 541.301 et seq.
CD70:4
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TRAFFIC AND VEHICLES
~ 70-210
remain in any space or area in which parking is prohibited as provided in section 70-176, or in
a time limit parking area for a longer period oftime than that designated by the markings on
the street or by signs clearly visible.
(Code 1970, ~ 25-62)
Sec. 70-178. Parking for more than 24 hours.
It shall be unlawful for any person or any owner to knowingly leave standing in any public
street, alley or other public place in the city any vehicle for a longer continuous period of time
than 24 hours.
(Code 1970, ~ 25-63)
Sec. 70-179. Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to leave, stand or park a trailer, semitrailer, pole trailer,
ranch trailer, boat, house trail~r, utility trailer or truck tractor, either attached or unattached
to a motor vehicle, on the public streets of the city for a period of time in excess of four hours,
or during any nighttime hours. Trucks bearing a department of transportation (DOT) placard
shall not be parked on any street for a period of time in excess of one hour. A placard vehicle
shall not be parked within 2,000 feet of a school campus.
(Code 1970, ~ 25-64; Ord. No. 1792, ~ 1(25-64), 10-28-91; Ord. No. 97-2172, ~ 1,4-14-97)
Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to knowingly abandon or leave standing on
any private property, without the consent ofthe owner of such private property, any vehicle for
any period of time.
(Code 1970, ~ 25-65)
Sec. 70-181. Parking manufactured homes on streets or in public parks.
It shall be unlawful for any person to park, place or locate any manufactured home upon any
public street or public park within the city limits for a period of more than four hours. Such
mobile home shall be parked parallel to the right side curb, completely clear of driving lanes
or areas of such street or park, and facing in the direction which traffic shall be designated to
travel on such side of such street or in such driving area.
(Code 1970, ~ 14-3)
Cross reference-Mobile homes and mobile home parks, ch. 98.
Secs. 70-182-70-210. Reserved.
CD70: 15
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REQUEST FOR CIT COUNCIL AGENDA ITEM
Agenda Date Requested:
05/10/04
Appropriation
Requested By:
Source of Funds:
N/A
Department:
Polic:e
Account Number:
Report:
Resolution:
Ordinance: XX
Amount Budgeted:
Exhibits:
Ordinance Amendine: Chapter 70
Amount Requested:
Exhibits:
St'i"tion!l of Ordinanl't' amended
Budgeted Item: YES NO
SlJMMARY & RECOMMENDATION
In reviewing Chapter 70, Traffic and Vehicles, it was determined that there was a lack of
definition of certain vehicles as it related to vehicles parking. This amendment addresses those
definitions, and addresses the issue of Mobile homes, Recreational Vehicles and Manufactured
Housing in particular. Section 70-179 establishes a clear statement regarding "Parking time limit
for trailers, semi trailers and other types of trailers." Section 70-181 further defines the "Parking
manufactured homes on streets or in public parks."
This amendment will provide guidance regarding the issue of where vehicle of these types may
park and requirements for them to do so.
Action Required bv Council:
Approve the amendment to Ordinance Chapter 70, Traffic and Vehicles, to provide proper
guidance for the parking of specific vehicles.
Al!I!roved for Citx Cooadl Atleada 'h
cJJL!J~ f1) ;fi ~~
Detira Feazelle, Ci Manager
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Date