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Ordinance 2008-48 ORDINANCE NO. 2008-48 ~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 110-243 (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 GLEN LAKES COURT FROM THE NORTHERN MOST POINT OF GLEN LAKES COURT EXTENDING 120 FEET SOUTH 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 ("Citv Council") has investigated 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 Glen Lakes Court from the northern most point of Glen Lakes Court and extending one hundred and twenty (120) feet south of said point (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 l: 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 110-243 (Stoppin~, Standin~, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standin~, and Parking) of Chapter 110 ~Traffic and Vehicles) of the Wylie Code of Ordinances. Section 110-243 (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. 2008-48 Prohibiting Stopping, Standing, or Parking in Designated Areas of Glen Lakes Court 533059.v2 Page 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; (9) Where an official sign prohibits stopping; ~10) In the followin~desi~nated areas if a no stopping, standing, and parking sign is posted: ~ Glen Lakes Court from the northern most point of Glen Lakes ~ Court extending one hundred and twent~20) 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 Elementarv School is in session; 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 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. (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. Ordinance No. 2008-48 Prohibiting Stopping, Standing, or Parking in Designated Areas of Glen Lakes Court 533059.v2 Page 2 (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. ( fl 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 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 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 Ordinance No. 2008-48 Prohibiting Stopping, Standing, or Parking in Designated Areas of Glen Lakes Court 533059.v2 Page 3 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 l l~h day of November, 2008. C''~~OGU a or ~ ~ g Y ~ ~`fy ~ ~ ~I ATTESTED AND CORRECTLY ~K x- ' RECORDED: = ~ % ~,n, .e" ; •F .~,~~s' ~r~ i E . ~ ~~~P; `o.. CA OLE EH LICH, City Secretary ~~~~~re~~~~~++ti~`~~ ~ Date of publication in The Wvlie News - November 19, 2008 Ordinance No. 2008-48 Prohibiting Stopping, Standing, or Parking in Designated Areas of Glen Lakes Court 533059.v2 Page 4 ~,C&S I~edia, Inc. ~I~e ~ACmergbiCte ~imeg •~Iur-phy Monitor • The Princeton Herald • The Sachse News •'PIIE WYLIE NEWS , . N STATE OF TEXA5 - ~ ~ C ~ COUNTY OF COLLIN ~~1`~' 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. 2008-48 and 2008-49 was published in said newspaper on the following dates, to-wit: November 19 , 20 8. Chad Engbrock, Publisher Subscribed and sworn before me on this, the ~~_day of ` , 2008 to certify which witness my hand and seal of office. , ~ Notary Publi i and for The State of Texas My commission expires_ ~1~~d-- ~v ~r{.~~~ , 5ortia A Duppan ',R;~, 4 ?NY CannNssion Expines ~ ~ ,e 09io2/20t2 Murphy/SachselWylie Office • I 10 N. l3ailard • P.O. Box 369 • Wylie, TX 75098 • 972-4~t2-5515 • fax 972-442-4318 Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 • fax 972-782-7(Y?3 4C November 19 - 20, 2008 ORDINANCE NO. 2008-48 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SEG TION 110-243 (STOP- PING, STANDING, OR PARKING P~tO- HIBITED IN CER- TAIN PLACES) OF ARTICLE VI (STOP- PING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PRO- HIBITING PARKING, STOPPING OR STANDING OF A VEHICLE ALONG GLEN LAKES COURT FROM THE NOR'I'HERN MOST _"~;~T, (JF GL,EN ~-~KES COURT EXTENDING 120 FEET SOUTH DUR- ING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTAB~,ISHING AN OFFENSE; PROVID- ING FOR A PENAL- TY FOR THB VIOLA- TION OF THIS QRDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABILITY CLAUSES; PROVID- ING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE; AND PROVIDING FQR THE PUBLICATION OF THE CAPTION HEREOF.