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HomeMy WebLinkAbout029479 ORD - 05/15/2012ORDINANCE ADDING A NEW SECTION 53-15 OF THE CITY CODE RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR VULNERABLE ROAD USERS; CREATING AN OFFENSE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 53 of the City of Corpus Christi Code of Ordinances is amended by adding a new Section 53-15 to read: CHAPTER 53 TRAFFIC * ARTICLE I. In General Sec. 53-15. Protection of Vulnerable Road Users. (a) In this section, a Vulnerable Road User means: (1) a bicyclist; (2) a pedestrian; or (3) a person with a disability. (b) An operator of a motor vehicle passing a Vulnerable Road User shall pass to the left of the Vulnerable Road User at a safe distance. (c) An operator of a motor vehicle passing a Vulnerable Road User may not move back to the right side of the roadway until safely clear of the passed Vulnerable Road User. (d) An operator of a motor vehicle that passes a Vulnerable Road User at a distance of 3 feet is presumed to have passed at a safe distance. (e) An operator of a truck (as defined by the Texas Transportation Code) that passes a Vulnerable Road User at a distance of 6 feet is presumed to have passed at a safe distance. J:11.ENG11 AGENDA ITEM S11210522121052212 ORD addingrSec 53-15 Vulnerable Road User v3.docx 029479 INDEXED (f) A bicyclist shall use a bicycle lane when available and free of obstruction or debris that prevents the person from safely riding within the bicycle lane. This subsection does not apply to city -permitted organized events. (g) A pedestrian shall use an adjacent sidewalk when available and accessible to the pedestrian. This subsection does not apply to city -permitted organized events. (h) A person with a disability shall use an adjacent sidewalk when available and accessible to the person with a disability. This subsection does not apply to city - permitted organized events. (1) The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this section is a strict liability offense. (j) A violation under this Section is a Class C misdemeanor 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 one time 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 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect immediately upon passage. J:11.ENG11 AGENDA ITEM 511210522121052212 ORD adding Sec 53-15 Vulnerable Road User v3.docx The foregoing ordinance was read for the first time and passed to its second reading on this the " day of FY1 a , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the lE'dayof M t .cf , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. a� Priscilla G. Leal 1 John E. Marez Nelda Martinez Mark Scott David Loeb PASSED AND APPROVED this the 4 day of ATTEST: Armando Chapa City Secretary cul Joe Addme?", a -1 ///; Mayor , 2012. EFFECTIVE DATE 5/151IZ- J:11.ENG11 AGENDA ITEM 51121052212\052212 ORD adding Sec 53-15 Vulnerable Road User v3.docx n29179 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5996262 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patrick', Counties, and that the publication of, NOTICE OF PAS SAGE OF ORD. NO. 029479 Or which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/21/2012, 5/21/2012. $ 76.38 1Time(s) On this(VSf day of LE AL SALES REPRESENTIVE I certify that the attached document is a true and an exact copy m. d= b•publisher. Nottry Publitse of Texas MICHELLE JOYCE CABRERA My Commission Expires March 19. 2016 4E » May 21, 2072 » CALLER -TIMES Legal Notices 1110 NOTICE OF PAS- SAGE OF ORD. NO. 029479 Ordinance adding a new Section 53 15 to the Corpus Christi Code of Ordinances relating to restrictions on .operating a motor vehicle near a vul- nerable road users; creating an offense; providing for penal- ties. This ord. is effective May 15, 2012. /s/ Armando Chapa City Secretary