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.
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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.
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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
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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