HomeMy WebLinkAboutOrd 228-2005 Amending ORD 95-14 Prohibiting Parking.pdfCITY OF ANNA, TEXAS
ORDINANCENO. a-a9--2DDS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE NO 95.
14; PROHIBITING PARKING IN CERTAIN DESIGNATED AREAS; PROVIDING A
PENALTY NOT TO EXCEED $500; PROVIDING A SAVING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Anna, Texas ("City Council') makes the following
findings:
. in order to better provide for the health and safety of its citizens it is necessary to
designate certain areas of streets where no person shall stop, stand or park a
vehicle;
• unrestricted parking in residential areas that have curb -and -gutter streets that are
equal to or less than 27 feet in width can interfere with the ability of emergency
service vehicles and emergency service personnel to obtain adequate access for
emergency operations;
• restricting parking so that no part of any vehicle may be situated away from the
street curb more than eight feet into the street will help to provide the ability of
emergency service vehicles and emergency service personnel to obtain
adequate access for emergency operations; and,
• restricting parking so that no part of any vehicle may be situated within 15 feet of
an intersection will help to provide the ability of emergency service vehicles and
emergency service personnel to obtain adequate access for emergency
operations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Definitions.
"Curb" means a concrete edging built along a street to form part of a gutter.
"Gutter" means a low area at the edge of a street designed with the intent to carry off
surface water.
"Street" means a way for vehicular traffic and other public uses, whether designated a
street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane,
place, point, or however otherwise designated.
Section 2. Ordinance 95-14 Amended.
Ordinance No. 95-14 is amended so that Section 1.A.3. shall now read as follows:
"Within an intersection or within 15 feet of an intersection."
Ordinance No. 95-14 is further amended so that Section I.B. shall now read as follows:
"Parking Not to Obstruct Traffic
No person shall park any vehicle upon a street, other than an alley, in
such manner or under such conditions as to leave available less than 11
feet of the width of the roadway for free movement of vehicular traffic. In
addition, on any street that is equal to or less than 27 feet in width, no
person shall park any vehicle upon a street, other than an alley, in such
manner or under such conditions that would situate any part of the vehicle
away from the street curb more than eight feet into the street."
Ordinance No. 95-14 is further amerided—as to Section I.N.I. only—to substitute the
words "twenty-four (24)" in the place of each reference to the words "forty-eight (48)."
Ordinance No. 95-14 is further amended so that Section 1.N.2. shall now read as
follows:
"When a vehicle is found unattended or unoccupied upon a street,
highway, alley or other public place in violation of any provision of this
Ordinance regulating the stopping, standing or parking of vehicles, it shall
be presumed that the owner of the vehicle unlawfully stopped, placed or
parked the vehicle. Proof of the ownership may be made by a copy of the
registration of the vehicle with the state department of highways and
public transportation or the county motor vehicle license department
showing the name of the person to whom the state highway license plates
were issued. This proof shall constitute prima facie evidence of the
ownership of the motor vehicle by the person to whom the certificate of
registration was issued."
Ordinance No. 95-14 is further amended so that Section 2. shall now read as follows:
Any person who fails to comply with or violates any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not more than $500 and each and every
day of such violation shall be a separate and complete offense.
Section 9. Savings/Repealing Clause
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to
the extent they are in conflict; but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from
being commenced for any violation if occurring prior to the repeal of the ordinance. Any
remaining portions of said ordinances shall remain in full force and effect.
Section 4. Severability.
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect, Anna hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fad that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
Section 5. Effective Date.
This Ordinance shall became effective immediately upon its passage and publication
as required by law.
PASSED by the City Council of the City of Anna by the following vote on this the ` % day of
5¢FJ�w. boC ,2005.
AYE
NAY D
ABSTENTION n
ATTEST: APPROVED:
City Secretary � yor