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HomeMy WebLinkAbout688 11-10-1981ORDINANCE NO. 688 AN ORDINANCE AMENDING THE ZONING CODE AND CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AND PROHIBITING PARKING OF CERTAIN VEHICLES, TRACTORS, TRAILER - RIGS, TRAILERS AND BUSSES UPON CERTAIN PROPERTIES WITHIN THE CITY OF EULESS, TEXAS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, numerous complaints have come to City officials and members of the City Council of the City of Euless, Texas, relating to the parking of certain large motor vehicles on certain properties within the City, particularly shopping center and other parking lots, at times when business is not being transacted with business establishments served by such parking lots; and WHEREAS, the City Council has determined that such parking of large trucks is unsightly, annoying to adjacent property owners, tends to devalue both the property upon which same are parked and adjacent property and otherwise endangers the health, safety and welfare generally of the citizenry of such city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Sec. 14 -112. Entitled "Restricted parking" of Chapter XIV of the Euless Code of Ordinances is herewith amended by the addition of the following new subparagraph (e) which shall hereafter be and read as follows: (e) No person shall park or allow to remain standing more than four (4) continuous hours on any parking lot or other property within the City of Euless, Texas, zoned C -1, C -2, or PD for C -1 or C -2 uses (except a motel or hotel) purusant to the Zoning Code of the City of Euless, Texas, any vehicle with a rated capacity of more than one and one -half (1 -1/2) tons according to the manufacturer's classification or any tractor, trailer -rig, trailer or bus unless 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, tractor, trailer -rig, trailer or bus was involved in a delivery from such vehicle, tractor, trailer -rig, trailer or bus to a business located upon such property or served by such parking lot. II. Sec. 8. Entitled "Minimum Off - Street Parking" of Ordinance No. 347, as amended, same being the Zoning Code of the City of Euless, Texas, is herewith amended by the addition of the following new subsection 8 -503 to be and read as follows: 8 -503 Prohibition of Parking of Certain Vehicles, Tractors, Trailer -Rigs, Trailers and Busses in Certain Non - Residential Districts No vehicle with a rated capacity of more than one and one -half (1 -1/2) tons according to the manufacturer's classification or any tractor, trailer - rig, trailer or bus may be parked or allowed to remain standing for more than four (4) continuous hours on any property within the City zoned C -1, C- 2, or PD for C -1 or C -2 uses pursuant to the provisions of this Zoning Code except where such vehicle is operated by or carries some external identification of a business located upon or served by such vehicle, tractor, trailer -rig, trailer or bus, or unless such vehicle, tractor, trailer -rig, trailer or bus is in fact then actually involved in a delivery to or from a business located upon or served by such property. III. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. -2- IV. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, para- graphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. V. Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. VI. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED on first and final reading on the 10th day of November , 1981, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes, 0 nayes and 0 abstentions. ATTEST: 0 y RAney," City Seery AP,PR'0VEW7k$ TO Bob McFarland, Cify Attbsney APPROVED: ; V\.V1J4 k. Harold Samuels, mayor -3-