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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 C6 �(A 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 a57('19