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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