The URL can be used to link to this page

Home My WebLink AboutOrdinance 3033ORDINANCE NO. 3033 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AUTHORIZING THE APPOINTMENT OF CERTAIN PERSONS TO ENFORCE DISABLED PARKING REGULATIONS AND TO ISSUE CITATIONS FOR SUCH VIOLATIONS; AND ESTABLISHING REQUIREMENTS FOR SUCH PERSONS; ESTABLISHING REGULATIONS CONCERNING USE OF DISABLED PARKING SPACES; PROVIDING PENALTIES, ESTABLISHING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. WHEREAS, Section 681.0101, Texas Transportation Code authorizes the appointment of certain persons other than peace officers to enforce the provisions of Chapter 681, Texas Transportation Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 54.265 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 54.265. Disabled parking (a) Defined: Disabled parking spaces are those parking spaces marked as required by Texas statutory requirements, whether on private property or public property, including streets. (b) Use. The use of any disabled parking space shall be unlawful except for those persons parking vehicles which are being operated by or for a person with disabilities which vehicles display a valid disabled parking placard issued pursuant to Chapter 681, Texas Transportation Code, a license plate displaying a valid license plate issued pursuant to Section 504.201 or 504.202, Texas Transportation Code or if there is displayed on the vehicle a license plate or placard that: (1) bears the international symbol of access; and (2) is issued by a state or by a state or province of a foreign country to the owner or operator of the vehicle for the transportation of a person with a disability. (c) Enforcement. (1) The Chief of Police is authorized to appoint persons to have authority to file a charge against a person who commits an offense under Chapter 681 of the Texas Transportation Code. (2) A person appointed under this section must: Ordinance No. 3033 Page 1 of 3 (A) be a United States citizen of good moral character who has not been convicted of a felony; (B) take and subscribe to an oath of office that he or she will faithfully perform the duties assigned; and (C) successfully complete a training program of at least four hours in length developed by the police department. (3) A person appointed under this section: (A) is not a peace officer; (B) has no authority other than the authority applicable to a citizen to enforce a law other than this chapter; and (C) may not carry a weapon while performing duties under this section. (4) A person appointed under this section is not entitled to compensation for performing duties under this section or to indemnification from the city or the state for injury or property damage the person sustains or liability the person incurs in performing duties under this section. (5) Neither the city nor the State are liable for any damage arising from an act or omission of a person appointed under Subsection (1) in performing duties under this section. (d) Application. This section and Section 681.011 of the Texas Transportation Code apply to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Section 681.009(b), Texas Transportation Code (e) Offenses, penalties. Offenses are defined and penalties are provided for by Section 681.011, Texas Transportation Code. (f) Towing. Any vehicle not displaying the proper disabled license plate, tag or device may be towed from a handicapped parking space defined by subsection (a) of this section, at the expense of the owner of such vehicle, and may be impounded until all towing and storage charges are paid." Section 2: Penalty clause. Offenses of this ordinance shall be punished as follows: Except as provided below, an offense is a misdemeanor punishable by a fine of not less than $250 or more than $500. If it is shown on the trial of an offense that the person has been previously convicted one time of an offense under this section, the offense is punishable by a fine of not less than $300 or more than $600. Ordinance No. 3033 Page 2 of 3 If it is shown on the trial of an offense that the person has been previously convicted two times of an offense under this section, the offense is punishable by: (a) a fine of not less than $300 or more than $600; and (b) not less than 10 or more than 20 hours of community service. If it is shown on the trial of an offense that the person has been previously convicted three times of an offense under this section, the offense is punishable by: (a) a fine of not less than $500 or more than $1,000; and (b) not less than 20 or more than 50 hours community service. If it is shown on the trial of an offense that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of $1,000 and 50 hours of community service. Section 3: The City Secretary is authorized to publish the descriptive caption and penalty clauses of this Ordinance as provided by law. Section 4: Effective date. This Ordinance shall become effective on December 1, 200 PASSED AND APPROVED on this 24th day of November, 2008. ~,~~vw - ~ a u u ~ a i u~ p ~, a`~~~~~GH ~A.N~'~,,y CITY ORT ICHLAND . _~- ~~ ~' ~ s ar evino, ayor o=.tATTE~T::r;,~- ._ _ , 2 a~WPL~~a Hutson, City Secretary AP AS FORM AND LEGALITY: George A. Stap es, City Attorney Ordinance No. 3033 Page 3 of 3 INVOICE Preview Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 303010361 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 2/15/2009 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 2/28/2009 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 30301036 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn STACEY HARRISON Publication Dates: 2/12/2009 - 2/15/2009 Description Location Col Depth Linage MU Rate Amount NORTH RICHLAND Legal Notices I g o CITY OFT HILLS 1 107 107 LINE $0.26 $82.04 ORDINANCE NO. service. 3033 If it is shown on the An ordinance amend- trial of an offense Sales Disc( ing the North Rich- that the person has land Hills Code of been previously ($8.50) Ordinances and au- convicted three thorizing the ap- times of an offense ! pointment of certain under this section, Misc Fee persons to enforce the offense is pun- $5.00 disabled parking ishable by: regulations and to (a) a fine of not lessl issue citations for than $500 or more such violations; and than $1,000; and establishing re- (b) not less than 20 quirements for such or more than 50 persons; establish- hours community mg regulations con- service. Net Amount: $78.54 cerning use of dis- If it is shown on the abled parking spat- trial of an offense es; providing that the person has penalties, establish- been previously ing an effective date convicted four times and providing for of an offense under publication. this section, the of- Penalty clause. fense is punishable Offenses of this or- by a fine of $1,000 dinance shall be and 50 hours of Punished as follows: community service. Except as provided Passed and Approved below, an offense is on this 24th day of a misdemeanor November, 2008. punishable by a fine /s /Oscar Trevino of not less than $250 Oscar Trevino - Nlayor or more than $500. ATTEST: If it is shown on the /s /Patricia Hutson THE ST/ trial a ns that the of rson offe has Pa ricia utson - City County 0 been previously Secretary convicted one time APPROVED AS TO of an offense under FORM AND LEGAL - this section, the of- ITY: ie s Before m be fine of not l bl e ( /s /Geor g a ta city tate, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegran th $300 or more ' Attorney Vorth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached If it than shown on the _ — ..ate 1 iuuiuSnea in th - +ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (81 7) 39( trial of an offense that the person has been previously ��1111 convicted two times \��\ pt�lE ,�,qC , i � // of an offense under Signed ‘, �� _11 It � `� �-- n this section, the of- - `Z V'� qe T *. Soy fense is punishable ` • e W S C • , SUBSCR ( bj " fine of not less BEFORE ME, THIS Wednesday, February • 18, 2009. ; than $300 or more �j Z than $600; and ,'�-f"C / -� /"� (b) not less than 10 Notary Public .. /// LLL \y . .. i /'\ • C or more than 2p ry «l.._. - hours of communit. • • d> 41 OF 1 #,, NI 8-19 .A‘ Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 303010361 Invoice Amount: $78.54 PO Number: Amount Enclosed: $