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HomeMy WebLinkAbout1185 08-22-1995ORDINANCE NO. 1185 AN ORDINANCE AMENDING ARTICLE IV. 'PARKING" OF CHAPTER 82 'TRAFFIC AND MOTOR VEHICLES" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED, TO REGULATE PARKING OF BUSES, BOATS, RECREATIONAL VEHICLES AND /OR TRAILERS ON PUBLIC STREETS WITHIN ANY AREA OF THE CITY ZONED FOR RESIDENTIAL USES; PROVIDING FOR PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Be it ordained by the City Council of the City of Euless, Texas: SECTION 1. That Article IV. "PARKING" Of Chapter 82 'TRAFFIC AND MOTOR VEHICLES" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended by the addition thereto of a new Section 82 -91, to be entitled "Buses, boats recreational vehicles, and /or trailers ", which new section shall hereafter be and read as follows: Section 82 -91. Buses, Boats, Recreational Vehicles and/or Trailers Definitions: as used in this ordinance the following definitions shall apply. A. Recreational Vehicle - any vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed to serve as temporary living accommodations for recreational, camping or travel use and including but not limited to travel trailers, camping trailers, converted buses and self propelled motor homes. This definition does not include pick -up trucks equipped with camper units, pick- up trucks with bed caps or vans that have a manufacturer's rated carving capacity of 3/4 ton or less. B. Bus - motor driven passenger vehicle, 25 feet or greater in length which has the capacity to accommodate more than fifteen (15) persons. C. Trailer - any vehicle that is towed and used for hauling goods, boats, equipment or refuse. D. Boat - Water recreational vehicle. E. On- street Parking Permit - Written governmental permission, authorized by the Chief of Police or appointed designee, empowering the holder thereof to park or store a bus, recreational vehicle, boat and/or trailer on a public street within a residential zoning district for a temporary period of time not to exceed one (1) week or seven (7) consecutive days in duration. Said permit shall identify the owner or operator of such vehicle, nearest street address or precise description of location where the vehicle is to be parked or stored, the date the permit was issued, date of expiration and any other information, conditions or special restrictions deemed necessary by the Chief of Police at the time of issuance. REGULATIONS A. It shall be unlawful for any person to park or store any bus, trailer, boat or recreational vehicle on a public street within any area of the city zoned for residential uses. This provision shall not prevent the temporary parking or standing of such vehicles engaged in the expeditious loading or unloading of passengers or contents. Neither shall this provision prevent the temporary parking of such vehicles on residential streets in order to allow for the typical maintenance of residential properties such as lawn mowing, edging, house painting, etc. B. It shall be an affirmative defense to prosecution for parking or storing a bus, trailer, boat or recreational vehicle on public streets within areaszoned for residential uses if a valid "on- street Parking Permit' has been issued to the owner or operator of said vehicle and the parking or storageo f t h e vehicle in no way violates any other pertinent State statute, City code, ordinance, section or provision. C. The Chief of Police or an appointed designee shall have sole authority to issue, revoke or extend any "On- street Parking Permit' and may impose any additional conditions or restrictions at time of issuance deemed necessary to ensure that the health, safety and welfare of the residents and guests of the City of Euless are not jeopardized. D. No more than three (3) "On- street Parking Permits" may be issued to allow a bus, trailer, boat or recreational vehicle to be parked at the same address or street location within the same calendar year, unless otherwise deemed necessary by the Chief of Police. ORDINANCE NO. 1185, PAGE 2 OF 4 SECTION 11. PENALTY CLAUSE. That a violation of any provision of this ordinance shall be a misdemeanor, and upon conviction in Municipal Court, shall be subject to a fine not to exceed five hundred (500) dollars for each offense. SECTION III. SEVERABILITY CLAUSE. That it is hereby declared to be the intentions of the City Council that the sections, paragraphs, sentences, clause and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION IV. SAVING CLAUSE. That chapter 82 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION V. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. ORDINANCE NO. 1185, PAGE 3 OF 4 PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the Euless City Council on the 22 day of August 1995; by a vote of s ayes, 1 nays and o abstentions. APPROVED: c I / )Jaau, li,l- (AAAL, Mary Lib SaUeh, Mayor ATTEST: � c Susan Crim, CMC, City Secretary APPROVED AS TO FORM: Bob McFarland, City Attorney ORDINANCE NO. 1185, PAGE 4 OF 4