HomeMy WebLinkAbout021239 ORD - 09/10/1991AN ORDINANCE
PROHIBITING PRESENCE IN PARKING LOTS AT CERTAIN TIMES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PUBLICATION
WHEREAS, congregations of persons in business parking lots from the hours of 1:00 to 4:00
a.m. has resulted in intolerable increases in crimes of violence, destruction of property, curfew violations,
alcoholic beverage violations, disorderly conduct, littering, and other violations; and
WHEREAS, such congregations contribute to an atmosphere of increasing violence and crime
and are especially detrimental to the youth of this community; and
WHEREAS, it is reasonable and necessary to the public health, safety, and welfare to prohibit
persons from entering or staying on business parking lots from 1:00 to 4:00 a.m. except for legitimate reasons.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 33, Offenses And
Miscellaneous Provisions, Article I, In General, be amended by adding a new Section 33-24, Presence in certain
parking lots, to read as follows.
Sec. 33-24. Presence in certain parking lots.
A. In this section, "business parking lot" means any parking lot providing parking adjacent
to and for any office, commercial, or industrial structure, or any public structure where
public services or activities are provided, including lanes within the parking lot.
B. A person commits an offense if he enters or stays on any business parking lot after
1:00 a.m. and before 4:00 a.m.
C. It is a defense to prosecution under subsection B that the person:
(1) entered or stayed on the business parking lot for the purpose of
doing business with any establishment served by the business parking
lot, and did not stay on such parking lot more than ten minutes
before entering or after leaving the establishment;
ORD4: 91117
owned or leased any establishment served by the business parking lot;
was employed by an owner or tenant of any establishment served by
the parking lot and entered as part of the scope of his employment;
entered or stayed on the business parking lot with the written
permission of an owner or tenant of any establishment served by the
parking lot authorized to grant such permission;
entered or stayed on the business parking lot because of an
emergency which the person reasonably believed would affect the
physical well-being or property interests of himself or another;
021239
NAMILLMED
(6) entered or stayed on the business parking lot at the direction or
request of a traffic or peace officer; or
(7) entered or stayed on the business parking lot in the course of his duty
as a:
(A) traffic or peace officer;
(B) firefighter or ambulance attendant; or
(C) inspector or other official of a public entity.
D. Before making an arrest or issuing a citation under this section, a peace officer shall
inquire of the apparent offender his reason for being on the parking lot, and will not
arrest or issue a citation unless the officer reasonably believes that an offense has
occurred, and that, based on any response and other circumstances, that one of the
defenses in C is not present.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
ATTEST:
City Secretary
APPROVED: ,2.3 DAY OF Avq„St , 19 e(
JAMES R. BRAY, JR., CITY ATTORNEY
By
ORD4: 91117
i. • k,.JJZ
City Attorney
MAYOR
THE CITY OF 'OR US CHRISTI
That the foregoing
the,=)' 1 day of
prdinance was read
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
LE/
(A CcQ(/1l
for the first time and passed to its second reading 'is
199 f , by the following vote:
Edward A. Martin (fly
Joe McComb (CCp
iCty
Dr. David McNichols &)L,
Clif Moss
Mary Pat Slavik
Cra
4y,
That the foregoing ordinance was read for the second time and passed to its third reading on
this the . 3 day of nub &' , 19 q ! , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria (ml'
at*,
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
aby
That the foregoing o dinatkce was read for the third time and passed finally on this the
day of 5 p 111)1, 0 -I, 19 i I , by the following vote:
Mary Rhodes G i Edward A. Martin
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
7(
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
PASSED AND APPROVED, this the ( day of y I� L /Y,
Al IEST:
City Secretary
/y.
APPROVED: /'7 DAY OF S77
JAMES R. BRAY, JR., CITY ATTORNEY
rc
By
044
MAYOR
THEC
,1¢iL:
,Assistant City Attorney
021239
kt
6
OF CORPUS CHRISTI
PUBLISHER'8 AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #82684
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021239 AMENDING THE CITY
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 16th day of September 1991.
One Time(s)
S 28.35
Business Office Secretary
Subscribed and sworn to before me this 17th day of
September , 1991.
•
DtbfwUl CLAA/S
Notary Public, Nueces County, Texas
My commission expires on
PUbIit
TF.,- .
Nty us Corpus Lt..
NOTICE OF PASSAGE 1
OF ORDINANCi'NG. 021239 21
_ AMENDING -TME GTN CODE Rr
aid OF OROINANCES. CtIAPTER B
fe 33, OFFENSES. AND MISCEL-
f LANEOUS PROVISIONS.
ARTICLE 1, TO ADO A NEW s
ie SECTION. 33-24, PROHIBIT -
4 'NG PRESENCE IN PARKING
n LOTS AT CERTAIN TIMES;
PROVIDING FOR SEVERABILI-
TV; AND PROVIDING FOR
r PUBLICATION.
al The ordinance was passed
5 and approved by the City
Council of the City of Corpus
— Christi, Texas on the 10th day o
19 of September, 1991
to /s/ Armando Chaps S
City Secretary
y City of Corpus Christi M
NOTICE Of PASSAGE m
s OF ORDNAmPf Nr) Ali"-
AMENDIN