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Home My WebLink About028255 ORD - 07/28/20091 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 53 REGARDING PARKING FINES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi Code of Ordinances, Chapter 53, Traffic, Article III Enforcement and Compliance, Division 2, Penalties and Impoundment, Section 53-55 Penalties, is amended to read as follows: "Sec. 53-55. Penalties. "(a) Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than three stars -($3.00) twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). "(b) Unless another penalty is expressly provided by law, every person convicted of a violation of any of the provisions of sections 53-180 through 53-199, shall be punished by a fine of not less than five dollars ($5.00) twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however if the fine prescribed in this subsection is not paid or an appearance is made with a plea entered to have the case heard in municipal court within ten (10) days of the date of the alleged violation, then and in that event, said fine shall be not less thanthirt five dollars ($35.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: Category Fine Assessment After 10 days Parking meters and time zones: (1) Expired meter $-5-00-$25.00 (2) Extending time beyond legal limit $-5.00- $25.00 (3) Time zones $-5-.00- $25.00 $4-0-00 $35.00 $10.00 $35.00 $4-0,00 $35.00 "(c) Unless another penalty is expressly provided by law, every person convicted of a violation of the provisions of - - - • - , -. • • - Texas Transportation Code Sections 545.302 and 545.303, shall be punished by a fine of not less than ten -dollars -($48:00) thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine prescribed in this subsection is not paid or an appearance is made with a plea 028255 H:\LEG-DIR\Lisa\2009 Ordinance\Parking Fines v7.DOC 2 entered to have the case heard in municipal court within ten (10) days of the date of the alleged violation, then and in that event, said fine shall be not less than fifteen-dellars ($15.00) forty dollars ($40.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: Category Fine Assessment After 10 Days Illegal zones: Loading zone (time extension) Loading zone (Noncommercial use) Parked in bus stop Blocking two meter spaces Parking in taxi zone Over 18 inches from curb Other $4-040 $30.00 $45-:00-$40.00 $48-00 $30.00 $1-5:00-$40.00 $10.00 $30.00 $4540-$40.00 $4400 $30.00 $15.00 $40.00 $48:00 $30.00 $45700-$40.00 $4400 $30.00 $15.00 $40.00 $40:80 $30.00 $15.00 $40.00 "Unless another penalty is expressly provided by law, every person convicted of a violation of any of the following categories shall be punished by a fine of not less than thirty-five dollars ($35.00)nor more than two hundred dollars ($200.00); provided, however, if the fine prescribed is not paid or an appearance is made with a plea entered to have the case heard in municipal court within ten(10) days of the date of the alleged violation, then and in that event, said fine shall be not less than - . e e forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: Category Safety zones: (1)No parking zone (2)Parking within 15 feet of fire hydrant (3)Parking in fire zone (4)(3) -Blocking crosswalk (5)01 -Blocking driveway {6)01 -Blocking sidewalk {7) (6) -Double parking Fine Assessment After 10 Days $45.00-$35.00 $25.00-$45.00 $15-00-$35.00 $25.00 $45.00 $15.00 $25:00 $15.00 $35.00 $'$45.00 $15.80-$35.00 $2-540-$45.00 $15.00-$35.00 $2500--$45.00 $4-54)0-$35.00 $25.00 $45.00 H:\LEG-DIR\Lisa\2009 Ordinance\Parking Fines v7.DOC (6} Opposite direction of travel $15.00 $35.00 $25.00 $45.00 3 "Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. "Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. Category Fine Acccssment After 10 Days Handicapped parking zone: (1) Parking in handicapped space $50.00 $60.00 "(d) Whenever a person charged with a violation of any provision of the chapter, or of any provision of £ ! , Texas Transportation Code as amended, fails to pay the prescribed fine or fails to enter a plea, enter the cacc on the and it becomes necessary to issue a warrant for his or her arrest, then and in that event, an additional penalty shall be added to the fine prescribed for the violation as a warrant fee in the amount of terkdoliars-($1-0.00), fifty dollars ($50.00). Provided, however, the warrant fee may be waived in connection with amnesty programs approved by the city council." 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. H:\LEG-DIR\Lisa\2009 Ordinance\Parking Fines v7.DOC 4 SECTION 4. 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. SECTION 5. This Ordinance takes effect October 1, 2009. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the .i"'"day of July, 2009. ATTE/Yd rK THE CITY OF CO/ CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: July 22, 2009 By: Le Lisa Aguilar, sistant City Attorney for City Attorney H:\LEG-DIR\Lisa\2009 Ordinance\Parking Fines v7.DOC Corpus Christi, Texas Qn Day of, 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe if/Cage/W-8 Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott No 028255 EFFECTIVE DATE P40601. QOM State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5912708 Po # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO..02425—which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/3/2009, 8/512009. $ 102.57 1Time(s) On this�`�'�' �iay o is a true and an exact copy ade b,publisher. LEG S REPRESENTIVE certify that the attached document -------------,--ILI 411110111.00, GWENN J, MED1NA MY COMMISSION EXPIRES August 2, 2012 Notary Public, State of Texas CALLER TIMES a August 3, 2009 at 5E NOTICE OF PASSAGE OF ORDINANCE NO. 028255 Ordinance amending the Code of Ordi- nances, City of Corpus Christi, Chap- ter 53 regarding parking fines; provid- ing for penalties; and providing for publica- tion; and providing for an effective date.; This ordinance was passed and approved by the City Council of the City of Corpus Christi on July 28, 2009. This ordinance is effective October 1, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi