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Ordinance 2016-24 - Ord. 2016-24 - paid parking amendment to Code of Ordinances, signed 5-3-16 ORDINANCE NO. 2016-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 44, "TRAFFIC AND MOTOR VEHICLES", OF THE CITY CODE OF ORDINANCES OF THE CITY OF HUNSTVILLE, TEAXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS,the Huntsville Code of Ordinances("Code"), Chapter 44 governs traffic and motor vehicles; and WHEREAS, the City of Huntsville, a home rule municipality, is authorized by Charter to adopt and implement necessary and reasonable ordinances in the best interests of its citizenry; and i WHEREAS, the City council of the City of Huntsville finds the provisions of this ordinance set forth below are necessary to protect the health, safety, and welfare of its citizens and the public, and said rules and regulations are reasonable; i NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas that from and after the Effective Date of this Ordinance: Section 1. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted,ted ratified, and confirmed. Section 2: That Chapter 44, "Traffic and Motor Vehicles", Article VI, is amended by adding new Sections 44-138 thru 44-144 as shown on the attached Exhibit"A and incorporated herein for all purposes. Section 3. That Chapter 44, "Traffic and Motor Vehicles", Article VIII, Section 44-192, is amended by adding a Schedule XVI "Paid Parking Space and Zones" as shown on the attached Exhibit"A" and incorporated herein for all purposes. Section 4: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. Section 6: This Ordinance,being a penal ordinance,becomes effective ten(10)days after its date of passage by the City Council,as provided by Article 4.14 of the Charter of the City ofHuntsville,Texas. Y PASSED AND APPROVED on this the da of 2016. OF HUNTSVILLE Andy rau 'nger,May A ST: APPROVED AS TO FORM: I P� 1JQD Lye oodward, City Secret *Lrd hider, City Attorney EXHIBIT A CHAPTER 44-TRAFFIC AND MOTOR VEHICLES ARTICLE VI. - STOPPING, STANDING AND PARKING Sec. 44-138.—Paid Parking Paid Parking Space means a space that is delineated on a public right-of-way for which payment is required to park a vehicle. Paid Parking Zone means a group of parking spaces, on a public right-of-way or on City property, that f are delineated by a posted sign and for which payment is required to park a vehicle. Paid parking systems utilize various methods of facilitating parking payment in assigned locations throughout the city. Paid parking systems may include use of telephone, smartphone application, website, or any other technology as deemed appropriate by the city manager to pay for parking. Paid parking systems may utilize parking space numbers, license plates, golf cart registration sticker numbers, or any other means designated by the specific paid parking system to process parking payment. Sec. -44-139.—Paid Parking Spaces and Paid Parking Zones. (a) In addition to Section 44-28, and subject to Council Approval,the city engineer shall establish the location of paid parking spaces and paid parking zones on the streets and in City-owned or controlled parking lots or facilities where the city engineer determines that the strict enforcement of parking time limits is appropriate. (b)The city engineer may paint or mark each individual paid parking space to prevent encroachment into adjacent paid parking spaces. (c)A person must park a vehicle completely within the delineated parking space. (d)A person may not park a vehicle in a paid parking space that is legally occupied by another vehicle. (e)A vehicle may not be moved and reparked in the same paid parking space or paid parking zone to avoid violating the maximum parking time limit for each parking occasion. (f)When paid parking time limits are in effect, a person may not allow a vehicle to remain parked in a paid parking space or a paid parking zone when the authorized parking time has expired. Sec. -44-140.—When use of paid parking system required. The hours during which the use of paid parking systems is required are: Monday through Friday from 7:00 AM through 5:00 PM and shall be designated in the paid parking system area by signage. The ' hours for the use of paid parking systems may be amended time from time by council by separate ordinance. Sec. 44-141 -Fee for use of paid parking spaces and paid parking zones. p The fee for use of paid parking spaces and paid parking zones is set by separate ordinance. A person parking a vehicle in a paid parking space or paid parking zone shall immediately pay the parking fee for due. The signage required by section 44-140 shall indicate the amount of the fee for parking a vehicle. Sec. 44-142. -Parking Exemptions. (a)In addition to parking fee exemptions provided by state law, a vehicle owner is exempt from parking time limits and the payment of parking fees when the owner is either operating or occupying a vehicle with a special state license plate or placard documenting the owner's status as: -a former prisoner of war; -a Pearl Harbor survivor; or -a Purple Heart recipient. j (b) Fee Due for Parking Vehicle) do not apply on the following holidays: -January 1; -the last Monday in May; -July 4; -the first Monday in September; -the last Thursday in November; and -December 25. Sec. 44-143.—Paid Parking revenue. (a)Except as otherwise provided by the Code, the Director of Finance shall coordinate the periodic collection of money. (b)The City may use revenue collected under this section for any lawful purpose. Sec. 44-144. Offenses and Penalties. (a)A person may not: (1)park a vehicle in a paid parking space or in a paid parking zone in violation of any posted sign or notice; (2)perform an act prohibited by this chapter; or (3) fail to perform a duty that is required by this chapter. (b)A person commits an offense if that person parks in a manner as to violate sections 44-139 thru 44-141. Secs. 44-145-157. - Reserved y. ARTICLE VIII - SCHEDULES OF DESIGNATED STREETS AND ZONES REFERRED TO IN THIS CHAPTER Sec.44-192.-Purpose of setting forth listed schedules. The primary purpose of setting forth the following listed schedules is to enable the city to publish and issue the major text of the motor vehicles and traffic ordinance(this chapter)as an entity and issue separately the schedules which commonly are revised or added to with great frequency. Technically,the schedules are a part of the ordinances. The official record of all schedules is on file with the city secretary,city engineer,municipal court and police department. Schedule Designation I One-way streets II Through streets III No parking zones IV Parking limit zones V Speed limit zones V-A School speed limit zone VI Load limit areas VII Truck routes VIII Stop intersections IX Yield intersections Signalized intersections I Restrictive turn movements II No trucks allowed III No passing zone IV Bike lanes V Bike routes XVI Paid Parking Space and Zones s