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