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Ordinance 2013-21ORDINANCE NO. 2013-21 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 LEWIS DRIVE FROM CREEKSIDE ESTATES DRIVE TO A POINT 150 FEET NORTH 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 investigated and determined that it is in the best interest of the City of Wylie, Texas ( "Wylie") to prohibit the stopping, standing, or parking of a vehicle along Lewis Drive from Creekside Estates Drive to a point 150 feet north (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 vehicle 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 advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare of the school children to prohibit the stopping, standing, or parking 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 of this Ordinance as if fully set forth herein. SECTION 2: Amendment to 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. 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 is amended to read as follows: Ordinance No. 2013 -21 Prohibiting Stopping, Standing, or Parking in Designated Areas Page 1 of 4 "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; (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 any time; and (C) South side of Hensley Lane from Woodbridge Parkway to a point 1,000 feet east of Jerry Wayne Combest Drive; and (D) Lewis Drive from Creekside Estates Drive north 150 feet. (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 signal located 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. Ordinance No. 2013 -21 Prohibiting Stopping, Standing, or Parking in Designated Areas Page 2 of 4 (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 (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. (f) 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 prohibited 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 area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/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 of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining 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 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be w 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 Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance No. 2013 -21 Prohibiting Stopping, Standing, or Parking in Designated Areas Page 3 of 4 Ordinance 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. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances, any language intended to be added to the code may be underscored in the amending ordinance, 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 14'h day of May, 2013. ('� �" el; ERIC HOGUE, M or ATTESTED AND CORRECTLY RECORDED: CA4rOLE EH , City Secretary Date of publication in The Wylie News P� -avv4 Eg 81'!�E OF Tli Ordinance No. 2013 -21 Prohibiting Stopping, Standing, or Parking in Designated Areas Page 4 of 4 dTI)(^ 1 imca • N111Iphv Monitor- • i'he Princeton Herald ,New,,s • 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 Ordinances was published in said newspaper on the following dates, to -wit: May 22, 2013 Chad Engbrock, Publisher 4- `.subscribed and sworn before me on this, the (;0 day of to certify which witness my hand and seal of office. Nr• Inca D. HILL OOMMISSION EXPIRES `y Math 21,2017 2013 Y)LkYn-�D- Notary Public in and for The State of Texas My commission expires > '� ` ( -t Murhh�;`5ac hsc A'�liir Officr, • 110 V Ballard • P.0 13oy 369 • WNAicA X 75098 .972- 44' 5 f S •lay 97" 543 4,18 I °'arnwr,riI1clTrinceum Officc • 101 S. Nl7lIn • PJ. , RA I\ 5 i 2 • hunI cis i iIIe, FX 75442 • y?' '184 6,, 97 - fas 972 752 -7(}33 Wednesday, May 22, 2013 ORDINANCE NO. 2013-21 AN ORDINANCE OF THE CITY OF WYLIE, TEX- AS, AMENDING SECTION 110- 173 (S'T'OPPING, STANDING, OR PARKING PRO- HIBITED IN CER- TAIN PLACES) OF ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE J CODE OF ORDI- NANCES; PRO - HIBITING PARK- ING, STOPPING OR STANDING OF A VEHICLE ALONG LEWIS DRIVE' FROM CREEKSIDE ES- TATES DRIVE TO A POINT 150 FEET NORTH DURING THOSETIMES SET FORTH IN THIS ORDINANCE; ES- TABLISHING AN OFFENSE; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- TTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVID- ING FOR THE, PU13LICATION OF THE CAP- TION. HEREOF.