HomeMy WebLinkAbout028318 ORD - 09/22/2009AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53,
ARTICLE V. OPERATION OF VEHICLES, DIVISION 1, BY
ADDING SECTION 53-109 OPERATION OF GOLF CART;
AFFIRMATIVE DEFENSE; CULPABLE MENTAL STATE NOT
REQUIRED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR PENALTIES; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi is a home rule city having authority to
utilize police power to enact ordinances to protect the health, safety, and general
welfare of its citizens; and
WHEREAS, Section 551.403(a) of the Texas Transportation Code provides for
limited operation of a golf cart; and
WHEREAS, Section 551.403(b) of the Texas Transportation Code authorizes a
municipality to prohibit the operation of a golf cart on a public highway if the
prohibition is necessary in the interest of safety; and
WHEREAS, the City Council determines that it is necessary to prohibit the
operation of golf cart on public highway in the interest of public safety.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Texas,
is hereby amended by adding Sec. 53-109 Operation of Golf Cart, to read as
follows:
Sec. 53-109 Operation of Golf Cart.
(a) Definitions. For the purposes of this Section, these words have the following
meanings:
"Golf cart" means a motor vehicle designed by the manufacturer primarily for
transporting persons on a golf course.
"Highway" includes any roadway, street, alley, highway, avenue, public place or
square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city,
dedicated or devoted to public use.
(b) Offense.
It shall be unlawful for any person to operate a golf cart on a public highway
within the territorial limits of the city.
(c) Affirmative defense.
It is a defense to prosecution under this Section that the person is employed by a
law enforcement agency and is performing a duty for the law enforcement
agency that requires the operation of a golf cart on a public highway.
028318
INDEXED
(d) Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the
proof of an offense defined by this Section.
(e) Penalties.
(1) Any person who violates this Section shall be guilty of a Class C
misdemeanor, as defined in the Texas Transportation Code, which shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
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SECTION 2. If for any reason any section, paragraph, subdivision, provision,
clause, sentence, phrase, word or part of this Ordinance or the application of the
same to any person or circumstance for any reason be adjudged or held
unconstitutional or invalid by final judgment of a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part,
section, paragraph, subdivision, clause, phrase, sentence, word or provision
hereof other than the part declared to be invalid or unconstitutional, for it is the
definite intent of this City Council that every section, paragraph, subdivision,
clause, phrase, sentence, word or provision hereto be given full force and effect
for its purpose. To the extent this Ordinance is in conflict with state law, the state
law governs.
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.
SECTION 4. Penalties are as provided in Section 53-109(e).
SECTION 5. That upon written request of the Mayor or five Council Members,
the City Council (1) finds and declares an emergency due to the need for
immediate action for the efficient and effective administration of City affairs; and,
(2) suspends that Charter rule which requires an ordinance to be considered and
voted upon at two regular meetings, so that this ordinance is passeda d takes
effect as an emergency measure upon its first reading on & btro/ 2009.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Joe Aame
Mayor
Approved as to legal form EPTeviPT.er6 J'2OO9
By:
T"Trisha C?ng
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
PiZe; Day of 10-1url&A- , 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
/4e-eade,
Joe A ame, Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kiesch n ick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
028318
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5918619
PO #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER H OBB S, 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 Patricio, Victoria and Webb Counties, and that the
1,215318
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
9/2812009, 9/28/2009.
$ 99.66
1Time(s)
On this day
is a true and an exact c
LEG
REPRESENTIVE
2 1Vl I certify that the attached document
y made by publisher.
Notary Public, State of Texas
CALLER TIMES a September 28, 2009 u 5E
Legal Notices 1110
NOTICE OF
PASSAGE OF
ORDINANCE NO.
028318
Ordinance amending
the Code of Ordi-
nances Chapter 53,
Article V. Operation
of Vehicles, Division
1, by adding Section
53-109 Operation of
Golf CartAffirmative.
defense, Culpable
mental state not re-
quired; providing for
penalties; providing
for publication. This
ordinance was
passed and approved
by the City Council of •
the City of Corpus
Christi September
22, 2009.
/s/ Armando Chapa
City Secretary
City of Corpus Christi