Loading...
Ordinance 2005-73 ORDINANCE NO. 2005-73 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO PROHIBIT THE PARKING OF A VEHICLE ALONG THE EAST SIDE OF W.A. ALLEN BLVD. FROM THE INTERSECTION OF W.A. ALLEN BLVD. AND SPRINGWOOD LANE SOUTH TO THE INTERSECTION OFW.A. ALLEN BLVD. AND HEATHERWOOD DRIVE, LOCATED IN WYLIE, TEXAS AND EST ABLISHING AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (ACity Council::) under the authority of 33542.202 and 545.302 ofthe Transportation Code, has investigated and determined that it is in the best interest of the City of Wylie, Texas (A Wylie::) to prohibit the parking of a vehicle along portions ofW. A. Allen Blvd. located in Wylie; and WHEREAS, the City Council further finds that in accordance with 33542.202 and 545.302 of the Transportation Code, it is a reasonable exercise of its police power to prohibit the parking of a vehicle along portions ofW. A. Allen Blvd. located in Wylie as set forth below; and WHEREAS, the City Council further finds that parking along portions ofW. A. Allen Blvd. located in Wylie as set forth below, is dangerous to, and unduly interferes with, the free movement of traffic along W. A. Allen Blvd.; and WHEREAS, the City Council of the City of Wylie, Texas (ACity Council::) under the authority of 33542.202 and 545.302 ofthe Transportation Code, has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare to prohibit the parking of a vehicle along portions ofW. A. Allen Blvd., located in Wylie as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body ofthis Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. For purposes of this Ordinance, the terms below shall have the following meanings: Parking or park means to stand, halt or locate an occupied or unoccupied vehicle, other than temporarily while actively loading or unloading passengers or property. Vehicle means a device that can be used to transport or draw persons and/or property on a highway or Ordinance No. 2005-73 No Parking (W. A. Allen) Ordinance Page 1 street, including but not limited to a car, truck, trailer, truck tractor or motorcycle. SECTION 3: NO PARKING ZONE AND OFFENSE ESTABLISHED. No parking ofa vehicle shall occur along the east side ofW. A. Allen Blvd. from the intersection ofW. A. Allen Blvd. and Springwood Lane south to the intersection ofW. A. Allen Blvd. and Heatherwood Drive (ANo Parking Zone::). A person commits an offense by violating any provision ofthis Ordinance. SECTION 4: SIGNS. The City Manager, or hislher designee, shall be responsible for installing sings and/or markings to properly notify the public ofthe location of the No Parking Zone. SECTION 5: ENFORCEMENT: The No Parking Zone provided herein shall in no way be obstructed and no parking shall occur therein. The Police Chief, or hislher authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the No Parking Zone at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the No Parking Zone pursuant to this Ordinance and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 6: SA VINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation ofthe repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal ofthe ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law . SECTION 9: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. Ordinance No. 2005-73 No Parking (W. A. Allen) Ordinance Page 2 PASSED AND APPROVED by the City Council ofthe City of Wylie, Texas, this 1 ih day of November, 2005. 10 ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Dates to be published in The Wylie News - November 30. 2005 Ordinance No. 2005-73 No Parking (W. A. Allen) Ordinance Page 3 ) l~ o \ I Sl'/&)l S d OJ. S - t::::::i= qoo WJ."ilt-l G Go =v= ~ ~ QoOC"l "il"".&> S i N ._..........~.,_~~~~..~__.~__,-.-..,~... .. ...-.... ........--........'"'"'""'._......"..H...'.. .....,..,,"~..~_ n ~ v-J"iJ'"3 /il'>!\i