HomeMy WebLinkAbout02576 ORD - 08/09/1949AN ORDINANCE
PROVIDING FOR THE REGULATING AND LICENSING OF PARKING LOT
OPERATORS, MAKING IT AN CFFENSE TO OPERATE A PARKING LOT
WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS WITHOUT
HAVING OBTAINED A LICENSE THEREFOR; REaUIRLNG THAT APPLI-
CATIONS BE SUBMITTED TO THE CITY SECRETARY; SETTING FORTH
THE LICENSE FEES TO BE CHARGED SAID OPERATORS; PROVIDING
FOR THE ISSUANCE OF LICENSES TO QUALIFIED APPLICANTS;
SETTING FORTH RULES AND REGULATIONS TO BE FOLLOWED BY
OPERATORS OF PARKING LOTS WITHIN THE CITY LIMITS OF CORPUS
CHRISTI, TEXAS; PROVIDING FOR THE REVOCATION OF LICENSES
BY THE CITY SECRETARY; PROVIDING THAT ERPLOYEES OF PARKING
LOT OPERATORS BE LICENSED AND SETTING FORTH A LICENSE
FEE THEREFOR; PROVIDING A PENALTY FCR A VIOLATION OF THE
PROVISIONS THEREWITH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS.
Section 1, Parking Lots mean any plot, piece or parcel of land used
for the purpose of storing motor vehicles where the owner or person storing
such vehicles is charged a fee and shall include such plots where shelters
that are not completely enclosed are erected, and which are open to the
general public.
Section 2. It shall be unlawful for any person, firm or corporation
to maintain or conduct a parking lot within the limits of the City of Corpus
Christi, Texas, without first having obtained a license therefor from the
City Secretary.
Section 3. Applications for licenses for parking lots shall be made by
the persons intending to operate parking lots upon forms, drawn and furnished
by the City Secretary, and shall set forth the name under which and the place
where the parking lot is to be operated; whether the applicant is an individual,
Partnership or corporation; if an individual the name and business and residence
address of the applicant; if a partnership the name and business and residence
address of each partner; if a corporation, the name, date and state under which
such corporation was organized, the amount and value of the capital stock
issued by such corporation and the names and business and residence addresses
of the officers, managers in charge and directors thereof; whether the premises
are owned or leased by the applicant, and if leased the name and residence and
business address of each owner or part thereof; the number of motor vehicles
which may at any one time be stored upon the premises; the hours during which
the motor vehicles may be stored; a complete schedule of the rates to be charged
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for storing motor vehicles and such other information as the City Secre-
tary may deem advisable. Each application shell be signed and verified
under oath by the applicant if an individual, or by a duly authorize}
agent, if a partnership or corporation. - -
Section L. The license fees for the operation of a parking lot
shall be in accordance with the following schedules:
For parking lots having a capacity of 10 cars or less, $5.00 annually.
For a capacity of 11 to 25 cars inclusive, $25.00 annually.
For a capacity of 26 to 50 cars inclusive $50.00 annually.
For a capacity of over 50 cars, $80.00 annually.
Section S. If, after investigation, the City Secretary shall be
reasonably satisfied that the applicant has a good reputation and the state-
ments set forth in the application are correct and the proper fee shall
have been paid, the City Secretary shall issue to the applicant a license
for a parking lot, which license shall continue in full force and
effect until the first of January following the issuance of the license,
or until revoked by the City Secretary.
Section 6. (a) Each licensee shall maintain at each entrance to such
Parking lot a permanently_ affixed sign suitable to apprise persons using such
Parking lot, the name of the licensee; the hours of the day and /or night
during which such places are open for storing motor vehicles; the rates
charged and the closing hour of such lot. Where more than one rate is
charged for parking the ,figures for each rate shall be of the same size
and dimensions and such figures shall measure not less than six (6) inches
in height, and the letters and figures indicating the closing hours shall
be not less than six (6) inches in height.
(b) All such signs shall be subject to the approval of
the Chief of Police, and/or his authorized subordinates.
(c) Dap and Night Rates: Where separate rates or charges
are made for day parking and for night parking the change in rate shallbecome
effective at 6:oo P, M. and notice thereof shall be posted on the signs described
in the preceding paragraph,
(d) Signs giving information as to Ownership, rates and
Operations of the lot shall be erected only at points of ingress and egress
and on shelter buildings and not on enclosures. They shall be of sheet
metal or comparable material and shall be displayed at a height of not less
than six and one -half (6a) feet. They shall be limited to fifty square feet
in area. Signs and signposts shall be kept free from rust, dirt and other
deterioration.
Section 7. At the time of accepting a motor vehicle for storing or
parking in a parking lot, the person conducting the same, his agent, servant
or employee, shall furnish to such person parking his motor vehicle, a dis-
tinctive check which shall be numbered to correspond to a coupon placed upon
such motor vehicle, which check shall contain the name and address of the
place owning or operating such parking lot and upon which shall be written
or stamped, the date and time of parking.
The above provision shall not apply where cars are stored on a monthly
fee basis.
It shall be unlawful to affix any parking tags on any motor vehicle
so as to obliterate in whole or in part any portion of the motor vehicle
license plates on such vehicles.
Section B. No licensee shall make any charge for storing any motor
vehicle in a parking lot in excess of that set forth in his application for
license unless and until he has (a) notified the City Secretary in writing
of the change and (b) posted signs showing such increase in the same manner
as set forth in Section 6.
Section 9. Each licenseeshall immediately notify the Chief of Police
and the City Secretary of any claim made by reason of any loss, theft or
conversion occuring upon his premises.
Section 10. The City Secretary may revoke any license if at any time:
1. The licensee has knowingly made any false or materially
incorrect statement in the application.
2. The licensee knowingly violates or knowingly permits
or countenances the violation of any provision of this ordinance.
3. The licensee knowingly violates or knowingly permits
or countenances the violation of any provision of any penal law or ordinance
regarding theft, larceny or conversion of a motor vehicle or the operation
of a motor vehicle without the owner's consent; whether such licensee or other
Person is convicted of such offense or not.
I
4. The license of the licensee or any of its members,
- - officers, managers or employes has been revoked within five years prior thereto.
Section 11. Each person employed in the operation of a parking lot
must be licensed as such. Each applicant for parking lot employee's license
- must fill out upon a blank form to be provided by the City Secretary a State-
ment giving his full name, residence, place of residence for five years
previous to moving to his present address, age, color, height, color of eyes
and hair, place of birth, length of residence in the City of Corpus Christi,
whether married or single, and whether he has ever been convicted of a felony
or a misdemeanor. The Chief of Police is hereby authorized and empowered to
establish such additional rules and regulations governing the issuance of
employee's licenses, not inconsistent herewith, as may be reasonable and
necessary. Upon satisfactory fulfillment of the foregoing requirements,
there shall be issued to the applicant a license for one year and expiring
on the first of January next succeeding. No person, firm, or corporation
shall permit any person to be employed on a parking lot without first ob-
taining a license from the City Secretary. 9 fee of $1.00 shall be charged
therefor and there shall be delivered to each licensee a certificate of
license of such form and style as the City Secretary may prescribe, with his
license number thereon, which must be carried by the employee at all times
when he is engaged in his employment.
Section 12e No license shall be issued to any parson whose license has
within five years prior to the date of the application been revoked, nor to
any firm, partnership, association or corporation, any of whose members,
officers or managers have had his or her license or licenses revoked within
five years prior to the date of the application.
Section 13. Parking lots shall be equipped with proper fire extin-
guishing apparatus, subject to the approval of the Corpus Christi Fire De-
Partment, and all motor vehicles shall be stored that they may be reached
readily in case of fire or other emergency.
Section 14. (a) Persons operating parking lots shall keep the same
enclosed with a Proper or suitable fence, wall or other barrier, so that
motor vehicles may not be removed from such lots except at the regular es-
tablished entrances and esLts. Each licensee shall keep the sidewalks sur-
rounding the parking lot free from dirt, and shall keep the sidewalks in safe
condition for the travel of pedestrians. Unless otherwise permitted by the
City Secretary, acting with the approval of the Chief of Police and the City
Traffic - gineer, each lot shall have one common entrance and one common exit,
which may be combined, and the licensee shall keep such entrance and exit
properly attended at all times during the period the parking lot is in
operation, provided, that suitable and adequate entrances and exits be made
available to permit maneuvering of care into alleys adjoining the lot and to
permit the moving of cars across an adjoining alley to a lot operated under
the same ownership.
(b) Parking lots shall be enclosed with a continuous
barrier along all portions contiguous to street or alley frontage, except at
points of ingress and egress, subject to the provisions of Section 11, (a) of
this ordinance. Barriers shall be at least three feet in height and shall be
fencing of substantial material sufficient to keep pedestrians and other per-
sons from entering the premises except through the recognized entrances.
Barriers are to be properly maintained in a neat, orderly manner and kept
free from signs, advertising, and other displays. The requirement for a
continuous barrier to enclose parking lots shall apply to all parking lots
wherein the parked cars are not locked and keys removed while stored on the
parking lots.
(c) Persons operating parking lots shall keep the same
free from dust by frequent sprinkling or other means so that the same shall
not become a nuisance to adjacent property owners or others. Parking lots shall
be surfaced with a bituminous material or its equivalant, or caliche gravel or
shell of such sufficient stability as to be not subject to ruts in wet weather.
Shelters for employees are to be maintained in a
neat, orderly manner and kept free from signs, advertising and displays other
than those relating to the operation of the lot.
(d) No licensee shall use or permit the use by his em-
ployees of any part of a public street for the purpose of standing, maneuvering
or parking motor vehicles.
When a parking lot is filled to maximum capacity, the
licensee or his employee shall place a conspicuous sign at each entrance there-
of, reading in letters not less than six (6) inches in height, *FILLED TO CAP -
ACITY" or words of similar import, and such sign shall be displayed continuously
as long as the said condition exists.
The maximum capacity shall be clearly indicated on the
license certificate issued to parking lot operators, and such certificate shall
be conspicuously displayed on the premises thereof by the licensee.
The maximum capacity shall be the number of cars that can
�be handled on the lot without resorting to streets for maneuvering of said
cars as determined by the licensee and approved by the City Secretary.
Any operator of a parking lot shall have the right to
refuse parking for any truck, trailer, or other vehicle, which because of
its size, shape or movability or its operating condition, which in the
opinion of the operator, his employees or attendants, could be a hazard, nui-
sance or danger to other vehicles or persons or property upon said station.
(e) The dimensions of driveways to parking lots shall
conform to the minimum and maximum dimensions provided for in the ordinance
regulating the design and construction of driveways.
The width of barrier openings at points of ingress and
egress to parking lots shall not exceed forty feet if entrance and exit are
combined, or twenty feet if entrance and exit are separate. The number of
barrier openings shall not exceed one entrance and one exit on any one street
except that where, because of the size or shape of the parking lot, this
limitation would make the operation of the lot extremely difficult or where,
because of its location, it tends to create a traffic hazard or congestion,
additional entrances and /or exits may be permitted, if approved by the City .
Secretary, who shall first obtain approval by the Chief of Police and the
City Traffic &gineer.
(f) No licensee shall sublet, sublease or otherwise permit
any parking lot or any portion thereof to be used by an vendor of goods, wares
or merchandise or services for the conduct of such vendor's business unless
the same is conducted in a permanent building or structure.
(g) Lots shall be kept clean and free from refuse and debris.
Section 15. It shall be unlawful to make any use for any purpose what-
soever of any motor vehicle parked in any parking lot, unless such use shall
first be expressly authorized by the owner or persons having control of such
vehicle, except, however, that moving of cars across an alley to a lot operated
under the same ownership shall be permitted, and providing that in all cases
the licensee shall maintain adequate service to assure prompt delivery of the
cars; and providing, further, that cars left unlocked on lots after closing
hours may be removed by the licensee to another lot, the location of which shall
be designated by an appropriate sign on the lot, and providing, further,
that the licensee shall be liable to the owner of any motor vehicle so moved
for any damage to such motor vehicle caused by such moving.
Section 16. Failure to pay any final judgment for damage to or loss
of car within siaty (60) days after its final rendition shall automatically
revoke the license of such licensee, and such licensee shall not be entitled
to any renewal of any license until the satisfaction of any such outstanding
judgment, and satisfaction as to his financial responsibility. In the event
of revocation of the license of any parking lot any subsequent applicant for
a license for such lot shall give satisfactory evidence of financial res-
ponsibility.
Section 17. Each licensee shall faithfully perform his duties as
baillee and shall use his best endeavors to employ honest and competent
attendants and help on his parking lot. Failure to comply with this provi-
sion shall be cause for revocation of the license of such licensee.
Section 18. It shall be unlawful for any licensee to permit any person
or persons not employed by such licensee to loiter in or about the parking
lot of such licensee.
Section 19, Any person, partnership, firm, association or corporation
violating any of the provisions of this ordinance shall upon conviction there-
of in the Corporation Court of this City be punished by a fine of not ex-
ceeding $200.00. Where a corporation or association is the violator of any
Provisions of this ordinance, the president, Vice- President, Secretary -
Treasurer, manager or any agent or employee of such corporation or associa-
tion shall be also severally liable for the penalties herein prescribed .
Where a partnership is the violator of any provision of this ordinance each
Partner thereof shall be severally liable for the penalties herein prescribed.
Each day's violation of this ordinance shall be considered a separate offense.
Section 20. The fact that many citizens of this City have been over-
charged by employees of parking lot operators, the fact that many parking lot
operators are financially irresponsible, and in order to better safeguard the
welfare of the public creates a public emergency and imperative public necessity
requiring a suspension of the Charter rule providing that no Ordinance or
Resolution shall be passed finally on the day it is introduced, and that such
Ordinance or Resolution shall be read at three several meetings of the City
Council, and the Mayor having declared that such public emergency and im-`
perative public necessity exists, and having requested that said Charter rule
be suspended and that this Ordinance be passed finally on the date it is in-
troduced, and that this Ordinance take effect and be in full force and affect
from and after its passage, it is so ordained.
PASSED AND APPROVED this the day of Jai= , A. D. 1949.
OR
ity of Corpus Christi, Texas
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
City A/ orney
1 1 r cy
Corpus Christi, Texas
TO THE NMERS OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going Ordinance, a public emergency and an imperative necessity exist
for the suspension of the Charter rule or requirement that no Ordinance
or Resolution shall be passed finally on the date it is introduced, and
that such Ordinance or Resolution shall be read at three several meetings
Of the City Council; I, therefore, hereby request that you suspend said
Charter rule or requireaent and pass this Ordinace finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
0 �} -jam
ity of Corpus Christi, Texas f/�+ �'�"GL
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above above Ordinance was passed by the following vote:
Leslie Wasserman
Jack DeFbrrest
- Harney Cott
Sydney E. Herndon -
George L. Lowman
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