HomeMy WebLinkAbout032521 ORD - 08/17/2021Ordinance adding Section 33-17 to Corpus Christi Code to prohibit parking
on an unimproved surface on residential lots; and providing for a penalty
not to exceed $500 per violation.
WHEREAS, the parking of vehicles on unimproved surfaces of residential
lots may damage underground infrastructure;
WHEREAS, parking of vehicles on unimproved surfaces of residential lots
has a deleterious impact on a neighborhood; and
WHEREAS, the Unified Development Code §4.2.5. E. prohibits the
parking of vehicles on required residential street yards except on a paved
surface.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Chapter 33, OFFENSES AND MISCELLANEOUS PROVISIONS, is
amended by adding Section 33 -17, Parking on unimproved surfaces, to read as
follows:
Sec. 33-17. — Parking on unimproved surfaces.
(a) Definitions: The following words, terms, and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Improved surface means an area, the surface of which is comprised of materials
constructed to a depth sufficient to distribute the weight of a vehicle or equipment
over such area to preclude deterioration and deflection of the area due to vehicle
or equipment load, adverse weather, or other conditions. Examples of materials
with which an improved surface might be constructed include asphalt, concrete,
brick, or another hard surface material.
Lot means contiguous land under common ownership, as shown on the most
recently approved ad valorem tax rolls of the city, that is used or developed as a
unit for residential uses, regardless of whether the land consists of a platted lot or
a portion of a platted lot or a combination thereof.
Street yard. The area of a lot or parcel which lies between the property line
abutting a street and the wall of a dwelling.
Vehicle or equipment means and includes any house trailer, mobile home, motor
vehicle, truck, passenger motor vehicle, motor home, camper cabin, motorcycle,
trailer, boat, farm machinery or similar equipment or any truck with more than two
axles or any trailer, mobile home or motor home with a length exceeding 20 feet.
0 a521
SCANNED
(b) Offense. It shall be an offense for any person to park or to cause, suffer or
permit the parking of a vehicle or equipment on any surface that is not an
improved surface within a street yard. It is presumed that the registered owner of
the vehicle or equipment is the person who parked, caused, suffered, or
permitted the vehicle or equipment to be parked in violation of this section.
(c) Affirmative Defense. It is an affirmative defense to prosecution under this section
that at the time of the alleged violation:
(1) the lot does not have an improved driveway; or
(2) the street yard abuts a street with a width of less than 28 feet.
(d) Criminal Penalty. The maximum fine for a violation of this section is $500.
(e) The culpable mental state required by Texas Penal Code § 6.02 is specifically
negated and dispensed with, and a violation of this article is a strict liability
offense.
Secs. 33-18 & 33-39. - Reserved.
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.
SECTION 4. Penalties are as provided in Section 1-6 of the Corpus Christi Code.
SECTION 5. This ordinance takes effect after official publication.
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That the foregoing o dinance was read for the first time and passed to its second reading on this
the 0%day of , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
kiyQ
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the 1-1\-
day of 11t��� 2021, by the following vote:
lJ
Paulette M. Guajardo '� � John Martinez
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
p<A,
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the 1 day ofU_T , 2021.
ATTEST:
Rebecca Huerta
City Secretary
EFFECTIVE DATE
- -,�ct
032521.
Paulette M. Guajardo
Mayor
3
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032521, Ordinance add-
ing Section 33-17 to Corpus
PO BOX 9277 Christi Code to prohibit
parking on an unimproved
surface on residential lots;
CORPUS CHRISTI,TX 78401 and providing for a penalty
not to exceed $500 per vio-
lation;
NO. 032522, Ordinance add-
ing Section 49 - 16 to the
STATE OF WISCONSIN) Corpus Christi Code to pro-
)) hibit sitting or lying in pub-
lic right-of-way within the
COUNTY OF BROWN) Corpus Christi Central
Business District, North
Beach, and Flour Bluff;
I,being first duly sworn,upon oath depose and say that I and providing for penalty
am a legal clerk and employee of the publisher,namely,the of up to$500 per violation.
These ordinances were
Corpus Christi Caller-Times,a daily newspaper published passed and approved on
at Corpus Christi in said City and State, generally circulated second reading by the
Corpus Christi City Council
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, on August 17,2021.
Kleberg, Live Oak, Nueces, Refugio,and San Patricio, /s/Rebecca Huerta
Counties,and that the publication of which the annexed is a City Secretary
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
08/23/2021
On this August 23,2021, I certify that the attached document
is a true and exact copy made by the publisher:
^t
Legal Notice Clerk
lr cA-il
ll-A
t Public,State of Wisconsin,County of Brown
7)27)7S
Notary Expires
SARAH BERTELSEN
Notary Public
State of Wisconsin
Publication Cost: . . •
Ad No: 0004875541
Customer No: 1490432
PO#: 032521
#of Affidavits 1
This is not an invoice