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HomeMy WebLinkAbout021241 ORD - 09/10/1991AN ORDINANCE PROHIBITING DRIVING A MOTOR VEHICLE A THIRD TIME PAST A TRAFFIC CONTROL POINT UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION WHEREAS, it is hereby found that with consistency, on certain days and times, a threat to the public health, safety and welfare arises from the congestion created by repetitive unnecessary driving of motor vehicles on certain streets; and WHEREAS, it is found that it is probable that congestion created by repetitive unnecessary driving will occur on other streets; and WHEREAS, such congestion does and will unnecessarily threaten physical injury to motorists and pedestrians and interfere with access for emergency vehicles. 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 53-15, Cruising, to read as follows. Sec. 53-14. Cruising. A. A person commits an offense if he engages in cruising. B. "Cruising" means to drive a motor vehicle on a street a third time past a traffic control point, as designated by the Corpus Christi Police Department, when the third passage was within two hours of the first two, and the three passages were between the hours of 12:00 midnight and 4:00 a.m. C. "Traffic Control Points" are clearly identified reference points designated by the Police Department and marked by visible signs along the following streets: Everhart Road from Holly Road to Alameda Street, Gollihar Road from Staples Street to Weber Road, and any other streets determined by the Police Chief and the Traffic Engineer to present significant traffic congestion problems, similar to those which have been experienced on the above-mentioned streets, due to persons repeatedly driving past certain points within a two hour time ORD4: 91119 021241 MICZEILMED period. Provided that notice of such determination of additional streets shall first be published in the manner of a penal ordinance of the City. D. It is a defense to prosecution under Subsection A that the person was not present during and was unaware of the first two passages. E. It is a defense to prosecution under Subsection A that the person was operating a vehicle in the scope of a business or governmental activity. F. It is a defense to prosection under Subsection A that the person drove a motor vehicle a third time past a traffic control point because of an emergency which the person reasonably believed would affect the physical well-being or property interests of himself or another. G. Before making an arrest or issuing a citation under this section, a peace officer shall inquire of the apparent offender his reason for driving a third time past the traffic control point, 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 D, E, or F 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: ity Secretary M Y THE CI APPROVED: a3 DAY OF / 'lust , 19 9 JAMES R. BRAY, JR., CITY ATTORNEY By�'' a.. City Attorne ORD4: 91119 F CORPUS CHRISTI That the foregoingrdinance was read for the first time and passed to its second reading us the c� rl day of (Cp (At , 19 Ci / , by the following vote: �� Mary Rhodes �Edward A. Martin (it , Cezar Galindo Leo Guerrero Betty Jean Longoria 41,E c.( Joe McComb Dr. David McNichols (,i -)(, Clif Moss (0. Mary Pat Slavik at" , That the foregoing ordinance was read for theme second time and passed to its third reading on <y this the , day of 7itelx dS-^- , 19 / / , 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 ooregoing ordinance was read for the third time and passed finally on this the / day of rip k,licit , 19 , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Vit, PASSED AND APPROVED, this the / ATTEST: an -9 ek City Secretary APPROVED: 11 DAY OF Sc -71 1 JAMES R. BRAY, JR., CITY ATTORNEY 71 I7 By ( `r F�-J�I" `j- , Assist -ant City Attorney 044 Edward A. Martin Joe McComb Dr. David McNichols Clif Moss 9-4 71 Mary Pat Slavik (IL' day of 4lLI;; IEL.12h1 , 19 ( . THE CITY OF CORPUS CHRISTI ,194: 021241 PUBLISHER'S AFFIDAVIT State of Texas, County of Nueces ) ss: CITY OF CORPUS CHRISTI Ad #82687 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. 021241 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) $ 29.70 Business Office Secretary Subscribed and sworn to before me this 17th day of September , 1991. 10 olyc Notary Public, Nueces County, Texas City SecAk, thy of Corpus Christi My commission expires on OF NO. NOTICE OF PASSAGE AMENDIING NANCE THE CITYZCODE 1241 c M OF ORDINANCES, CHAPTER 53. TRAFFIC, ARTICLE 1, BY An ADDING A NEW SECTION ri 1 ce 53-15, PROHIBITING DRIVING 9 A MOTOR VEHICLE A THIRD ac< nts TIME PAST A TRAFFIC CON- ho TROL POINT UNDER bu CERTAIN CIRCUMSTANCES; .83 PROVIDING FOR SEVERABILI- an. Pith:: TV; AND PROVIDING FOR 17 St rater- PUBLICATION. by may The ordinance was passed B rson and approved by the City fi offer Council of the City of Corpus B haps, of September, 1991. Christi, Texas on the 10th day 5 r reteryIs/ Armando Chapa City Secretary City of Corpus Christi 'n-pFr rnp