Loading...
Ordinance 2011-15 � ORDINANCE NO. 2011-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 110-173 (STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES) OF ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PROHIBITING PARKING, STOPPING OR STANDING OF A VEHICLE ALONG MARTINEZ LANE FROM SH 78 TO ALANIS DRIVE DURING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING 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 ("City Council") has inve;stigated and determined that it is in the best interest of the City of Wylie, Texas ("Wvlie") to prohibit the stopping, standing, or parking of a vehicle along Martinez Lane from SH 78 to Alanis Drive (the "Zone"); and WHEREAS, the City Council further finds that it is a reasonable exercise of its police � power to prohibit the stopping, standing, or parking of a vehicle in the Zone; and WHEREAS, the City Council further finds that the stopping, standing, or parking of a vehiicle in the Zone is dangerous and creates a traffic hazard that threatens the health, safety, and weLFare of motorists and pedestrians; and WHEREAS, the City Council has investigated and determined that it would be adv,�ntageous and beneficial to the citizens of Wylie and promote the public health, safety and wel:fare of the school children to prohibit the stopping, standing, or parking located in Wylie, as set iEorth 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 of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 110-173 (Sto�,ping, Standin�, or Parking Prohibited in Certain Places) of Article VI (Stoppin� Standing, and Parkin�) of Chapter 110 Traffic and Vehicles) of the Wylie Code of Ordinances. Section 110-173 (Stopping, Standing, or ]?arking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of � Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended to read as follows: Ordinance No. 2011-15 — No Parking, Martinez Lane from SH78 to Alanis Dr. Page 1 596255.1 "Sec. 110-173. Stopping, standing or parking prohibited in certain places. � (a) An operator may not stop, stand or park a vehicle: (1) On the roadway side of a vehicle stopped or parked at the edge or curb of a street; (2) On a sidewalk; (3) In an intersection; (4) On a crosswalk; (5) Between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings; (6) Alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic; (7) On a bridge or other elevated structure on a highway or in a highway tunnel; (8) On a railroad track; [e�] (9) Where an official sign prohibits stopping; or [.-] (10) In the following designated areas, if a no stopping, standing, and parking sign is posted: (A) Glen Lakes Court from the northern most point of Glen Lakes Court, extending one hundred and twenty (120) feet south of said --�- point from 30 minutes prior to the start of school until 30 minutes after the start of school and from 30 minutes prior to the end of school until 30 minutes after the end of school when Groves Elementary School is in session; and �B) Martinez Lane from SH 78 to Alanis Drive at anv time; and (b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: (1) In front of a public or private driveway; (2) Within 15 feet of a fire hydrant; (3) Within 20 feet of a crosswalk at an intersection; (4) Within 30 feet on the approach to a flashing signal, stop sign, yield sign or traffic control signallocated at the side of a roadway; (5) Within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or (6) Where an official sign prohibits standing. (c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle: (1) Within 50 feet of the nearest rail of a railroad crossing; or Ordinance No. 2011-15 — No Parking, Martinez Lane from SH78 to Alanis Dr. Page 2 59625'i. l .� (2) Where an official sign prohibits parking. (d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. (e) A private vehicle operated by an elevator constructor responding to an elevator emergency shall be exempt from subsections (a)(1), (a)(5), (a)(6), and (a)(9), (b), and (c) of this section. (� Subsections (a), (b) and (c) of this section do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic control device." SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing, or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or his/:her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping, standing, or parking is proliibited at the e�p�s� `�f �he, owner of such material or vehicle. The City shall not be � -: responsible or l}�b�'e.- any da �� to any vehicle or personal property removed from the area e whe;re stoppi,�, stan ng, °ot� par� is prohibited and shall not be responsible for any damage � resulting fro� the failur� tb�e�err�se�e authority gr�ted under this Ordinance. x''�t ��. SECTION 4: SAVINGS/RE�EALING CLAUSE. All provisions of any ordinance in conflict witli �i��.�Ordinance ar� �ti�� repealed to the extent they are in conflict; but such repeal shal.l not ab�.te�y ��i�g„ r� �,c��.tion for violation of the repealed ordinance, nor shall the repe,al prevent'��, prose��rdr�r�seing commenced for any violation if occurring prior to the repeal of the ordiriari�'�: �i�"}���riaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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 rem.ain 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or inv��lid. SECTION 6: 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). Each continuing day's violation or separate act under this Ordlinance shall constitute a separate offense. The penal provisions imposed under this Ordlinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all � legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No. 2011-15 — No Parking, Martinez Lane from SH78 to Alanis Dr. Page 3 596255.1 SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of ,�,,,. Ordinances, any language intended to be added to the code may �e underscored in the amending ordiriance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when amendments are printed in the code. The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this !� day of August, 2011. ��— . ERIC HOGUE, Ma o AT'I'ESTED AND CORRECTLY RECORDED: � QF � `4' �"'r,l�' ��� � C 1�OLE EHR , City Secretary � � �a �""� Date of ublication in The W lie News - Wednesda Au us ga7. a s� Ordinance No. 20ll-15 — No Parking, Martinez Lane from SH78 to Alanis Dr. Page 4 596255.1 }� CS�S Media, tnc. � �Fje�'armergbiCCe�imeg•Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2011-15 was published in said newspaper on the following dates, to-wit: August 17,2011 Chad Engbrock, Publisher Subscribed and sworn before me on this, the ��� day of , 2011 to certify which witness my hand and seal of office. .�.�, `��������" KIESHA D. NILL `�����PY PUp�i `",;' '��+' y Notary Public in and for _ Netar-Puh�ic.State nf Texas ' ` ` ` My Commission Expires The State of Texas 9 r •�,c "'•',;;o��;;�� March 21, 2013 My commission expires ?J ��-�3 Murphy/Sachse/Wylie Office•110 N,Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318 Fazmersville/Princeton Office•101 S.Main•P.O.Box 512•Farmersvdle,TX 75442•972-784-6397•fax 972-782-7023 B4 August 17- 18, 2011 • , �/�tDINAN N0.2�11-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SEC- TION 110-173(STOP- PING, STANDING, OR PARKING PRO- HI�ITED IN CER- TAIN PLACES) O� ARTICLE VI (STOP- PING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) AF THE WYLIE CODE OF ORDINANCES;PRO- HIBTTING PARKING, STOPPING OR STANDING OF A VEHICLE ALONG MARTINEZ LANE FROM SH 78 TO ALANIS DRIVE DURING THOSE TIMES SET FORTH IN THIS ORDI- NANCE; ESTAB- LISHING AN OFFENSE; PROVID- � ING FOR A PENAL- TY FOR THE VIOLA- TION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERA&ILITY CLAUSES; PROVID- ING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF 14-1t-50-339