HomeMy WebLinkAbout1684 04-12-2005ORDINANCE NO. 1684
AN ORDINANCE AMENDING SECTIONS 82 -1
"DEFINITIONS," 82-41 "REMOVING AND IMPOUNDING
VEHICLE," 82 -89 "OVERSIZED AND HEAVY VEHICLES,"
AND 82 -91 "BUSES, BOATS, RECREATIONAL
VEHICLES AND /OR TRAILERS" OF CHAPTER 82
"TRAFFIC AND MOTOR VEHICLES" OF THE CODE OF
ORDINANCES OF THE CITY OF EULESS, TEXAS, AS
AMENDED; ADDING ADDITIONAL DEFINITIONS FOR
CERTAIN TRUCKS AND CERTAIN REGULATIONS FOR
THE PARKING OF TRUCKS, TRUCK TRACTORS AND
TRAILERS WITHIN THE CITY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City of Euless Code of Ordinances contains regulations
governing the parking of trucks, truck tractors and trailers in various locations within the
City; and
WHEREAS, experience has shown that additional regulations are necessary to
limit the parking of trucks, truck tractors, trailers and buses; and
WHEREAS, the City Council of the City of Euless, Texas, after study, finds and
determines that the following new and amended regulations for the parking of trucks,
truck tractors, trailers and buses within the City will promote the health, safety and
general welfare of the citizens of the City of Euless, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT Section 82 -1 "Definitions" of Article I "IN GENERAL" of Chapter 82
"TRAFFIC AND MOTOR VEHICLES" of the Code of Ordinances of the City of Euless,
Texas, as amended, be hereby amended to add the following new definitions at the
appropriate alphabetical places in said section:
Light Truck means a truck, including a pickup truck, panel delivery truck, or carry-
all truck, that has a manufacturer's rated carrying capacity of 3,000 pounds (1 1/2 tons)
or less.
Truck means a motor vehicle with a rated capacity of more than 3,000 pounds (1
1/2 tons) designed, used, or maintained primarily to transport property.
Ordinance No. 1684, Page 1 of 3
Truck Tractor means a motor vehicle designed and used primarily to draw
another vehicle but not constructed to carry a load other than a part of the weight of the
other vehicle and its load.
Buses, Boats, Recreational Vehicles and /or Trailers see Sec. 82 -91, of this
Chapter for definitions.
SECTION 2
THAT Section 82-41 "Same- Removing and Impounding Vehicle" of Article II
"ADMINISTRATION" of Chapter 82 "TRAFFIC AND MOTOR VEHICLES" of the Code of
Ordinances of the City of Euless, Texas, as amended, be hereby amended, in its
entirety, to hereafter be and read as follows:
Sec. 82-41. Same — Removing and impounding vehicle.
Any vehicle parked in violation of the traffic ordinances of the city or Chapter 84
of this code at a place where parking is prohibited or parking time is limited may be
removed and impounded by the police department. Towing and impound fees
assessed against the vehicle shall be collected from the owner or driver of the vehicle
by the wrecker service used for towing before the release of such vehicle. The payment
of this towing and impounding fee shall not excuse such owner or driver of the vehicle
from the charge of violating such traffic ordinance prohibiting or limiting such parking.
SECTION 3
THAT Section 82 -89 "Oversized and Heavy Vehicles" of Article IV "PARKING" of
Chapter 82 "TRAFFIC AND MOTOR VEHICLES' of the Code of Ordinances of the City
of Euless, Texas, as amended, be hereby amended by renaming said Section 82-89
"Truck and Truck Tractor Vehicles ", and by amending the text of said section, in its
entirety, so that it shall hereafter be and read as follows:
Sec. 82-89. Truck and truck tractor vehicles.
No person shall park or allow to remain standing on any parking lot, public street
or any other property within the city any truck, truck tractor, trailer, or bus unless
permitted by Chapter 84 (Unified Development Code) or such vehicle is operated by
and carries some external identification of a business located on such property or
served by such parking lot. It shall be a defense to prosecution under this section that
such vehicle, truck, truck tractor, trailer rig, trailer or bus was involved in a delivery from
such vehicle, truck, truck tractor, trailer rig, trailer or bus to a business located upon
such property or served by such parking lot. Any vehicle in violation of this section is
subject to the vehicle being towed pursuant to section 82-41 of this chapter.
Ordinance No. 1684, Page 2 of 3
SECTION 4
THAT subsection (b) "REGULATIONS' of Section 82 -91 "Buses, Boats,
Recreational Vehicles and/or Trailers" of Article IV "PARKING" of Chapter 82 "TRAFFIC
AND MOTOR VEHICLES" of the Code of Ordinances of the City of Euless, Texas, as
amended, be hereby amended, by the addition of a new paragraph (5) at the end of
said subsection (b), which new paragraph (5) shall hereafter be and read as follows:
(5) See Chapter 84, Section 84 -85 (n) - "Home occupations" for further
regulations.
SECTION 5
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses 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 judgment 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 6
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.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 12th day of April, 2005, by a vote of 5
ayes, 1_ nays, and _ o abstentions.
APPROVED:
k.
Mary Lib Saleh, Mayor
APPROVED AS TO FORM:
aul Wienes ie, City Attorne
Ordinance No. 1684, Page 3 of 3
ATTEST:
usan Crim, MC, City Secretary