HomeMy WebLinkAbout021240 ORD - 09/10/1991AN ORDINANCE
PROHIBITING DRIVING THROUGH PARKING LOTS AT CERTAIN
TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PUBLICATION
WHEREAS, driving motor vehicles through parking lots between 1:00 and 4:00
a.m. without intent to do business with establishments served by the parking lot has
produced undue and unnecessary risk of physical injury to pedestrians and motorists; and
WHEREAS, prohibition of driving motor vehicles on or through parking lots
during said hours except for legitimate reasons is necessary to protect the public health,
safety, and welfare.
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 53,
Traffic, Article I, In General, be amended by adding a new Section 53-14, Driving through
parking lots, to read as follows:
Sec. 53-14. Driving through 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 between the hours of 1:00 a.m. and
4:00 a.m. he drives a vehicle on or through a business parking lot
without intending to do business with any establishment served by the
business parking lot.
C. It is a defense to prosecution under subsection B that the person:
(1) drove the vehicle on or through the business parking lot
with the written permission of an owner or tenant of any
establishment served by the business parking lot
authorized to grant such permission;
(2) drove the vehicle on or through 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;
(3)
ORD4: 91118
drove the vehicle on or through the business parking lot
at the direction or request of a traffic or peace officer;
021240
(4) drove the vehicle on or through the business parking lot
in the course of his duty as a:
(5)
(A) traffic or peace officer;
(B) firefighter or ambulance attendant; or
(C) inspector or other official of a public
entity;
owned or leased any establishment served by the
business parking lot; or
(6) was employed by an owner or tenant of any business
establishment served by the business parking lot and was
acting in the scope of his employment.
D. Before making an arrest or issuing a citation under this ordinance, a
peace officer shall inquire of the apparent offender his reason for
driving on or through 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.
A 1 1'EST:
AGin—tL
City Secretary
MA R
THE CITY OF CORPUS CHRISTI
APPROVED: a 3 DAY OF Iglus fi , 19 9
JAMES R. BRAY, JR., CITY ATTORNEY
ORD4: 91118
That the foregoing ordinance w_ as read for the first time and passed to its second reading o
the;),' 3 day of L 4 � 6 , 197 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was r ad for the second time and passed to its third reading on
this the , , day of , 0 , rY ah , 19 q J , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the
day of
4*
Edward A. Martin (it
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
/2/.
regoing grdinance was read for the third time and passed finally on this the
, 19 (l 1 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this the i C
City Secretary
APPROVED: /I DAY OF Sc 0 r,
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
U,y
Mary Pat Slavik
day of (t {_C 1}a.� ,^. , 19 nI f
JAMES R. BRAY, JR., CITY ATTORNEY
By C 1* bn-
044
THE C
, 192L:
, Assistant City Attorney
021240
F CORPUS CHRISTI
PUBLISHER'8 AFFIDAVIT
State of Texas,
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #82686
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. 021240 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)
$ 27.00
Business Office Secretary
Subscribed and sworn to before me this 17th day of
September , 1991.
D i o
Notary Public, Nueces County, Texas
My commission expires on
Publta
a
fr
3.
NOTICE OF PASSAGE
1 OF ORDINANCE NO. 021240
N AMENDiNG THE CITY CODE
s OF ORDINANCES, CHAPTER
d 53, TRAFFIC, ARTICLE 1, BY
ADDING A NEW SECTION.
s 53-14, PROHIBITING DRIVING
.THROUGH PARKING LOTS
t 'AT CERTAIN TIMES; PRO-
VIDING FOR SEVERABILITY;
AND PROVIDING FOR PUBLI-
CATION.
' The ordinance was passed
and approved by the City
;Council of the City of Corpus
:Christi, Texas on the 10th day
of September, 1991.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
NOTICE OF PASSAGj//
'a ORDINAurn- .' -