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HomeMy WebLinkAboutO-4117-10-24ORDINANCE NO. 4117-10-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, “MOTOR VEHICLES AND TRAFFIC”, ARTICLE I, “IN GENERAL” BY AMENDING SECTION 9-2, “DEFINITIONS”, AND BY AMENDING ARTICLE IX, “STOPPING, STANDING AND PARKING GENERALLY”, DIVISION 1 “GENERALLY” BY AMENDING SECTION 9-227, “PARKING OF TRUCKS, TRACTORS, COMMERCIAL VEHICLES, ETC., IN RESIDENTIAL DISTRICTS” AND BY AMENDING CHAPTER 13 “STREETS AND SIDEWALKS”; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas finds it to be in the public interest to amend the Code of Ordinances by amending Chapter 9 titled “Motor Vehicles and Traffic” and Chapter 13 titled “Streets and Sidewalks.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is hereby amended by amending Chapter 9, “Motor Vehicles and Traffic”, to read as follows: “CHAPTER 9 MOTOR VEHICLES AND TRAFFIC . . . Sec. 9-2. Definitions. Commercial vehicle means any vehicle designed, intended, or used for transportation or delivery of people or property, or, a vehicle that is not designed or used to primarily transport persons or property and is only incidentally operated on a highway, other than private passenger vehicles and recreational vehicles. The term "commercial vehicle" shall include, but is not limited to, the following: pole trailer, semitrailer, trailer, truck, truck-tractor, construction machinery, special mobile equipment, and bus. . . . Construction machinery means a vehicle that: (a) is used for construction; (b) is built from the ground up; (c) is not mounted or affixed to another vehicle such as a trailer; (d) was originally and permanently designed as machinery; (e) was not in any way originally designed to transport persons or property; and (f) does not carry a load, including fuel. . . . Parking facility has the same meaning as assigned in the Local Government Code Section 601.021. Ordinance No. 4117-10-24, Page 2 . . . Recreational vehicle means any motor vehicle or trailer designed or used as a travel trailer, camper, motor home, tent trailer, house trailer, boat, boat trail er, camping trailer, or other similar purposes including any vehicle exclusively used to tow or haul a recreation vehicle. . . . Truck means a motor vehicle designed, used, or maintained primarily to transport property. . . . Sec. 9-227. Parking of commercial vehicles, service vehicles, recreational vehicles, etc. (a) Public streets. A person commits an offense if the person stops, parks or stands any commercial vehicle, service vehicle, recreational vehicle, special mobile equipment, farm tractor or implement of husbandry, trailer, or vehicle with more than two (2) axles upon any public street, alley, right-of-way or public space within the city. This section (a) shall not apply to: (1) Street construction, maintenance, and repair equipment engaged in maintenance or repair activities; (2) Trucks, equipment, trailers, and vehicles used by public service utility companies engaged in repairing or extending public service utilities; (3) Motor busses when taking on or discharging passengers at customary bus stops; (4) Parking or standing a vehicle for the purpose of expeditiously loading and unloading passengers, freight or merchandise, or a contractor actively engaged in work activities; (5) A recreational vehicle parked on a residential street for the purpose of loading and unloading for a period not to exceed twenty-four (24) hours; (6) A recreational vehicle parked on a residential street by an out -of-town visitor for a period not exceeding five (5) consecutive days and adjacent to a residential dwelling the residents of which the recreational vehicle owner or operator is visiting; (7) A passenger car, pickup truck; or passenger van which displays a decal, identification card or other device bearing the international symbol of access consisting of a stylized wheelchair on a blue background issued in accordance with state law to any handicapped driver or a license plate issued by any state that bears the international symbol of access; (8) A vehicle with a mechanical defect, making it unsafe to proceed further, in which event, it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs; (9) Any commercial vehicle that has been placed out of service by a CVSA certified inspector AND has had a decal affixed to the vehicle showing that the vehicle, combination of vehicles, or driver has been taken out of service for an imminent hazard; or (10) Any commercial vehicle that is parked in a parking facility where the owner or operator has paid for the privilege to park and is separated by a fence from the area adjacent to a public street or residential lot. (b) Residential property. It shall be unlawful for any person to park or stand any commercial vehicle, service vehicle, special mobile equipment, farm tractor or implement of husbandry upon property within a residential area. Ordinance No. 4117-10-24, Page 3 This section (b) shall not apply to: (1) Parking or standing a vehicle for the purpose of expeditiously loading and unloading passengers, freight or merchandise, or a contractor actively engaged in work activities, or (2) A service vehicle parked on or adjacent to property on which is located the primary residence of the owner or operator of the service vehicle. . . . Sec. 9-229. Time limitation for unattended motor vehicles. It shall be unlawful for any person to stop, stand, park or allow any vehicle under his or her ownership, care, custody or control to remain on a city street, alley, public right -of-way, or other public place in excess of five (5) consecutive days without being operated and moved at least one hundred (100) feet during such period. . . . Sec. 9-230. Parking of vehicles with expired or invalid license plates. It shall be unlawful for any person to stop, stand, or park or allow any vehicle under his or her ownership, care, custody or control to remain within a public right-of-way, if the vehicle does not have lawfully affixed thereto: (1) A valid license plate; or (2) A valid temporary tag assigned to that vehicle; and (3) A valid and current motor vehicle registration sticker. It is an exception to the offense established by this section if the registration sticker has been expired for less than sixty (60) calendar days. Secs. 9-231 – 9-240 Reserved.” SECTION 2. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is hereby amended by amending Chapter 13, “Streets and Sidewalks,” to read as follows: “CHAPTER 13 STREETS AND SIDEWALKS . . . Sec. 13-17. Obstructions within public rights-of-way. (a) It shall be unlawful to place or maintain any permanent or temporary sign, signpost, advertising displays, materials, object, or obstruction within a public right-of-way, sidewalk, or median unless otherwise permitted by the City. (b) It shall be unlawful to place or store any object, materials, or storage containers, other than legally parked vehicles, on a public street or alley unless otherwise permitted by the City. (c) The above provisions of this Article shall not apply to: 1. A legally permitted dumpster or storage pod actively being used for construction activities that have an active building permit. 2. A moving or storage pod actively being used by the resident for the purpose of moving personal property. Ordinance No. 4117-10-24, Page 4 3. For all exceptions listed in Section c, objects shall only be placed in the street if it is demonstrated that adequate space on private property is not accessible. The City may require objects to be oriented or re-oriented in a manner to minimize potential safety issues and/or require that the object include safety markings to increase visibility or traffic control devices to enhance safety. (d) It shall be unlawful to place or store a basketball goal or similar sports equipment on any public street or alley within the city subject to the following exceptions: 1. Basketball goals or similar sports equipment may be placed on a public street in a cul- de-sac. 2. It shall be unlawful for a basketball goal or similar sports equipment to remain on a public street in a cul-de-sac between dusk and dawn. (e) The City may, without notice, remove any items or obstructions from within the limits of the public right-of-way or median in accordance with State law. Sec. 13-18. Penalty. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction in the municipal court shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense; and each and every day such violation continues, it shall constitute a separate offense. Secs. 13-19 – 20. Reserved.” SECTION 3. All provisions of the ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this ordinance, as amended hereby, be adjudged, or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred and No/100 Dollars ($500.00) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF OCTOBER 2024.