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HomeMy WebLinkAboutOrdinance 0083 \. ~ ," _::> /1, ORDINANCE NO.. tþtJi:, AN ORDINANCE F'OH 1'1m RLGULA'1'ION OF PARKING AND STORING OF VEHICLES UPON THE STRI:;~'l¡S AND HIGHWAYS OF THE CITY OF' NOR'l'H RIGHLAND HILLS, D.1:!:lt'nnNG TEHMS, PROHIBrfING PARKING OR S'I¡ORING VEHICLES IN SPl:!:CIFIBD PLACES: PRO* VIDING FOR IMPOUNDIN G OF' VEIIICLLS: PROVIDING RULES CONCE.:RNING AR"FU~S'rs FOR VIOLATION: PROVIDING A PENALTY NOT TO' BXCE1ID $200.,00 1"01< THE VIOLA'l'ION OF ANY PROVISION OF THIS ORDINANCE: CON'l'AINING A SAVING CLAUSE: AND PHOVIDING FOB THE REPEI·\L Olt1 INCONST.S'rgN'r ORDINANCES AND DECLARING AN ß~ERGBNCY. WHERBAS, the existing ordinances regulating parking and storing vehioles on the public streets and highways of the City of North Richland Hills, are inadequate and obsolete in the term and applioation, are invalid because of conflict with existing law of the State; and vVHCRE,AS, the governing body has caused the preparation of and has oarefully considered this oode and desires to enact it now, therefore BE IT ORDAIN~D BY rrHE CI'l'Y OP NORTH HIGHLAND HILLS, THAT: AWfICLE 10 , Section 10 Definition of words and phraseso All words and phrases used in this Article whioh may require a definition shall be expressly defined as set out in Article 6701D. Vernon's Annotated Civil Statutes, Section 1, Sub-division 1, Subdivision 2 and Su.b-division 3. by adopting the definition as set OQt in Art. 6701D; this is intended that the said definition shall be the swne as if contained in the body of this Ordinance. Section 20 Vehicles commonly known as pick-up truoks. 3/4 ton and under, and panel delivery truoks and station wagons are specifioally excluded from the definition of truok as defined in the preceding seotiono ARTICLE 110 STOPPING, STANDING OR PARKING PROHI~ITED IN SPECIFI?',D PLAC,~S Seotion lo Stopping, Standing. or Parkin~ Prohibited. no 'igns Requiredo (a) No person shall stop, stand or park a vehiole Ixcept when necessary to avoid conflict with other traffic or in oom~ pliance with law or the directions of 8)01ice officer or traffio oon- trol device in any of the following places: (1) On a sidewalk (2) In front of a public or private driveway (3) IJlithin an intersection (4) Within 15 feet of a fire hydrant, unless otherwise marked (5) On ~ crosswalk (6) At en inter3ection within tcirty (30) feet of an existing intersocting curb line or projoction of an intersecting ourb line. unless otherwise marked (7) Between a safety zone and the aêjacent curb or within 30 feet of points on the curb inunediately opposite the ends of R safety zoneþ unless the Chief of Police has indic9.ted a different length by signs or markingso -1- (8) Within 20 feet of the nearest rail or main line railroad orossing. (9) Within 20 feet of the driveway entrance to any fire station. (10) Alongside or opposite any street exoavation or obstr- uotion when stopping, standing or parking would obstruct traffico (11) In the roadway side of any vehicle sto~ped or parked at the edge or ourb of a streeto (12) Upon any bridge or other elevated struoture upon a highway or within a street tunnel or underpass. (13) At any place where of1ioial si¿ns or markings prohibit a stopping. (14) Beside any curb painted red in oolor. (b) No person shall move a vehicle not lawfully under his oontrol into any suoh prohibited area or away from a curb when suoh distanoe is unlawful, Seotion 2. Parking Not to Obstruot Traffic. No person shall park any vehiole upon a street, other than an alley, in suoh a manner or under suoh conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehioular traffio. Seotion 3. Parking In Alleys. (a) No person shall park a vehicle within an alley in such a manner or under suoh oonditions as to leave available less than lO feet of the width of the roadway for the free movement of vehicular traffio, and no person shall stop, stand, or park a vehicle with an alley in suoh position as to blook the driveway entrance to any abutting propertyo ~ (b) No person shall park a vehicle whioh is not oommerò1al vehiole as defined in Seotion 5 (as below, within any alley situated in the ..ntral business distriot. Section 40 Parking on Streets Under Repair. In any case where any street in the City of North Richland Hills is being torn up, repaired, or paved, or where any work is being done upon same, making necessary the regulation of traffio thereon, the Chief of Police is hereby authorized to 9revent parking either altogether or to any extent deemed wise by him for any certain period of time that may be neoessary, or to~olose the street to traJ.'fic altogether for suoh period of time, by erecting thereon official signs with the parking restriotions olearly stated on suoh signso Seotion 5. Parking of Commeroial & Farm Vehicles. (a) It shall be unlawful for any person, or any owner, to leave, park or stand any truok-tractor, road-tractor, trailer, semi-trailer, bus or any other oommercial or farm motor vehiole bearing oommeroial or farm license upon any public street, alley, parkwa.y,boulevard or publio place, provided this section shall not apply to street con~ struotion, maintenance and repair e~uipment, truoks, rollers and implements, and trucks equipment, trailers !:;n(J vehioles used by public service utility companies enga~ed in repairing or extending publio service utilities, and to motor buses when taking on or dis- oharging passengers at the customary bus stops and except all other vehioles designated herein when actually parked at a designated loading zone, in those areas of limited parking where loading zones are designated. Provided, further, that this seotion shall not apJly to any vehicle defined or designated herein developing a meohanical defeot after suoh vehicle has oommenoed to run, enroute, making it unsafe to proceed further, and in this event, it shall be lawful to stand or park the vehicle during the time made neoe8sary to make emergenoy regairso -2- (1) It shall be unlawful for any persons or any owner, to leave, park or stand any truck-tractor, road-traotor, semi-trailer, _ or any other oo~nercial vehicle in any alley situated within the oentral business district for more than fifteen (15) minutes, other than for the purpose of loading or unloadingo (b) It shall be unla~ful for any person or any owner to leave, park or stand any truck-tractor, road-tractor, semi-trailer, bus, truok or trailer with a rated oapacity in exoess of one (1) ton, aocording to the manufacturerts olassification, upon property' within any zoned area, zoned as either a dwelling district, or apartment district, aooording to the Zoning Ordinanoe of the City of North Riohland Hillso This seotion shall not prevent the parking or standing of the above described vehicles in suoh zoned areas for the purpose of expeditiously loading and unloading passengers, freight, or merohandise but not for otherwiseo (1) It shall be unlawful for any person or any owner to le8ve, park, or stand any truok-tractor, road-tractor, semi-trailer, or other commeroial vehicle on the driver's side of anyone-way alley situated within the oentral business distrioto Seotion 60 Parking for Certain Purposes Prohibited. No person shall park a vehiole upon any street for the principal purpose of (1) Displaying suoh vehicle for sale. (2) Washing, greasing, or repairing such vehiole except repairs necessitated by an emergencyo (3) Displaying for sale or selling any merchandise. (4) Daily and/or regular storage of suoh vehiole. Seotion 7. Parking Adjacent to Schoolso (a) The Chief of Polioe is hereby authorized to erect si¿ns indicating no parking upon that side of any street adjacent to any sohool property when suoh parking would interfere with traffio or oreate 8 hazardous situation. Seotion 80 Parking in Front of Entranoes to Certain Buildin~so No person shall stand or park a vehiole in front of any entrance whioh provides aocess to hotels, to theatres or to the upper floors of any ßuildinGs four or more stories in height. Such entranoes shall remain open for fire or other emergenoy purposeso Seotion 9. Parking Prohibited on Narrow Streetso (a) The Chief of Police is hereby aut~ori~ed to erect signa indicating no parking UDon any street when the width of the roadway does not exoeed 20 feet, or upon one side of a street as indicated by suoh signs when the width of the roadway does not exceed 30 feet. (b) When offioial signs prohibiting parkinG are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any suoh sign. Seotion 10. Standing or Parkint~ on One-Way Roadwayso In the event a highway includes two or more separate roadways and traffic is restricted to one diøection upon any suoh roadway, no person shall stand or park a vehicle upon the left-hand side of any suoh one-way roadway. Seotion llo No stopning.ø Standing or Parking Near Hazardous or Conp.:ested Places. (a) The Chief of Police Is hereby authorized to determine and designate, by proper signs, plaoes not exoeeding lOO feet in length in which the stopping, standing, or parking of vehicles "ould oreate an espeoially haza:rdous condi tion or would oause unusual delay to traffic, and to erect signs giving notioe thereofo -3- (b) When o~fioial signs are erected at hazardous or oongested plaoes as authorIzed herein~ no person shall stop. stand or park a vehicle in any suoh designated placeo Section 120 Owner Not to Permit Car Re~istered in His Name to be ILLEGALLY PARKED. No person shall allow. permit or suffer any vehicle registered in his name to stand or park in any street in the City of North Riohland Hills in violation of any provision of this Ordinanoe regulating the standing or parking of vehioleso Section 13. Owner Responsible for Illegal Stoppingt Stand- ing or parking: Evidenoe of Ownershipo. If a vehiole is found un- attended or unoooupied upon a street, highway, alley, or other publio place, in violation of any provision of the ordinance regulating the stopping, standing or parking of vehioles, the same is hereby deolared a nuisance per se, and the faot that suoh vehiole is un- attended or unoooupied by any person shall be prima facie evidenoe that the owner unlawfully stopped, placed or parked suoh vehicle. Seotion 140 Offioers Authorized to Remove Illegally Stopped Vehioleso (a) Whenever any police offioer finds a vehicle stanðing upon a street or highway in violation of any of the fore- going provisions of this article suoh officer is hereby authorized to move such vehiole, or require the driver or other person in charge of the vehiole to move the same to a position off the paved or main travelled part of such highway or streeto (b) Any police officer is hereby authorized to remove a vehicle from a highway to the nearest garage or other place of safety, or to a storage plaoe designated or maintained by the City, under the oircumstanoes hereinafter enumerated: (1) When any vehiole is left unattended upon any bridge, viaduct or causeway or in any tube or tunnel where suoh vehiole oonstitutes an obstruction to traffio~ (2) When any vehiole is illegally parked so as to block the entranoe to any private driveway and it is impractioable to move suoh vehiole from in front of the driveway to another part of the highway~ (3) When any vehiole is found upon a highway and report has previously been made that such vehiole has been stolen or oom- plaint has been filed and a warrant thereon issued, charging that such vehiole has been embezzled. (4) When any suoh offioer has reasonable grounds to believe that any vehicle has been abandonedo (5) When a vehicle upon a higkway is so disabled that its normal operation is impossible or impraotioable and the persons in charge of the vehiole are incapaoitated by reason of physioal injury or other reason to suoh an extent as to be unable to provide for its removal or oustody, or are not in the immediate vicinity o~ the disabled vehioleo (6) When an offioer arrests any person driving or in oontrol of a vehiole for an alleged offense and suoh offioer is by this oode or other law required to take the person arrested ~ediately before a magistrateo (1) A reasonable fee for removing the automobile and for storage shall be oharged against the vehioleo (0) Any vehiole standing anattended may be moved by any member of the polioe or fire department and any polioeman or fire- man may require the moving of suoh vehicle if it obstruots the free movements of suoh persons in the aotual disoharge of their dutieso (d) Any member of the polioe department is hereby author- ized to remove any vehiole parked or standing in or on any portion of the highway when in the opinion of the said member of the polioe de- partment, the said vehiole oonstitutes a hazard, or interferes with a ~M p normal funotion of a governmental agenoyp or by reason of any oatas- trophe, emergenoy or unusual oircumstanoe the safety of said vehiole is imperiled. ARTICLE III PENALTY Any person who violates any of the provisions of this ohapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one and no/100 ($100) Dollar and no more than Two Hundred and no/lOO ($200000) Dollarso Section 20 Conflicting Ordinances Repealed. All ordinanoes or parts of ordinances, of this City inconsistent or in conflict herewith, are hereby repealed. . Seotion 3. On Âpplication Thereof to Any Person or Ciroumstanoeo If any portion of this ordinance shall be found or held to be invalid or unconstitutional by a Court, suoh invalidity shall not affeot the remaining portions or applioations of this ordinance whioh oan be given effeot without the invalid portions or application, provided such remaining portions are not determined by the Court to be inoperatable, and to this and the various parts of this ordinance are deolared to be severable, and the City Counoil deolares that it would have enacted suoh remaining portions without the invalid portionsv Seotion 40 If there be a oonfliot between any of the pro- visions of this ordinance and the Uniform Aot Regulating Traffio on Highways, as enaoted by the 50th Legislature of Texas in 1947, of the ordersg rules, regulations and requirements of the Interstate Commeroe Commission or the Railroad Commission of Texas, relating to the equipping and other safety requirements of vehicles, motor vehioles, truok-tractors, truoks, busesg trailersg semi-trailers or pole trailersp complianoe by the owners or operators of suoh vehicles with suoh statute ordersD rules and regulations of the Interstate Commeroe Commission and the Railroad Commission of Texas, shall be deemed a oompliance with this ordinance; except that any requirement of this ordinanoe in addition to, but not in oonflict with, said statute or the requirements of the Inter- state Commeroe Commission or the Railroad Commission shall be oomplied with. Seotion 50 In any prosecution for any violation of this ordinanoe9 it shall not be necessary for the proseoution to prove the installation or authority therefor, of any traffio oontrol devioe or signal, but any person oharged with a violation of this ordinance shall have the right to prove the same was not so installed or authorized as 8. defense. Seotion 6. The faotthat there does not now exist a parking ordinance in and for the City of North Riohland Hills and that the existing traffic ordinances are in some oases obsolete and in other cases contrary to the provisions of state law, creates an emergenoy in the preservation of public peaceþ health, safety and general welfare and requ~res that this ordinance take effect bnmediately from and after its passage'!) APPROVED AND PASSED this .2 -:{ day of ~ J-¿- ,- APPROVED: , 196r/o AT TEST: //'"" / !1:rf{~g~¡ti4/f ,¿~-L/¿~ ¿: ·~L<-A.A ~. / , " MAV- ;/f .