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HomeMy WebLinkAbout032522 ORD - 08/17/2021Ordinance adding Section 49 -16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. Whereas, citizens have a fundamental right of free movement and interstate travel; Whereas, sidewalks and parkways are part of the public transportation system; Whereas, sitting or lying in the public right of way interferes with citizens right to travel and creates a threat to public safety; Whereas, pedestrians sitting or lying in the right of way are less visible to vehicular traffic; Whereas, sitting or lying in the public right of way increases the risk of pedestrian related accidents; Whereas, sitting and lying in the public right of way is a determent to the use and enjoyment of the neighboring property owner; and Whereas, City Council finds it necessary to utilize the City's police power to protect the public safety and rights of citizens from traveling unmolested and to prevent pedestrian related accidents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Chapter 49, "Streets and Sidewalks," Article I, will be amended to add a new section, Section 49-16, to read as follows: Sec. 49-16. - Sitting or Tying down in the right-of-way. (a) This section applies in the Central Business District as defined in Section 4-8 of this Code, North Beach as defined in Section 38-40 of this Code, and Flour Bluff as defined by City Ordinance #021746. (b) A person commits an offense if, after having been notified by a law enforcement officer that the conduct violates this section, the person continues to sit or lie down in the right-of-way or on an object placed in the right-of-way. (c) For purpose of this Section, right-of-way includes the sidewalk, the street curb and gutter, the parkway between the sidewalk and the street, and any street median. (d) Enforcement. No person shall be cited or arrested under this section for a first violation unless the person continues to engage in conduct prohibited by this section after having been: (1) Notified, orally or in writing, by a law enforcement officer to refrain from the alleged violation of this section; and 032.522 SCANNED (2) Provided an opportunity to relocate to another place where such related conduct would be lawful. A person in violation of this section is entitled to no more than one oral or written warning from a law enforcement officer. (e) Affirmative Defenses. It is an affirmative defense to prosecution under subsection (b) of this section that at the time of the alleged violation: (1) the person was sitting or lying down because of a medical emergency; (2) the person was sitting or lying down because of a disability; (3) the person was operating or patronizing a commercial establishment that conducts business on the sidewalk in compliance with the ordinances of the city; (4) the person was a participant in or was viewing a legally permitted parade, festival, performance, rally, demonstration, or similar event; (5) the person was sitting on a chair or bench that is supplied by a public agency or by the abutting private property owner; (6) the person was sitting within a bus stop zone while waiting for public or private transportation; (7) there was no available overnight shelter in the City; or (8) the person was sitting or Tying while performing emergency automotive repair. (f) A culpable mental state is not required, and need not be proven, for an offense under this section. 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. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 4. 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 5. This ordinance takes effect after official publication. That the foregoing or finance was read for the first time and passed to its second reading on this the NW\ day of 61, 2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma AiR John Martinez Ayfil Ben Molina Mike Pusley Greg Smith That the oregoing ordinance was read for the second time and passed finally on this the 11* day of mi i, ' ¥" 2021, by the following vote: Paulette M. uajardo AtAL Roland Barrera Gil Hernandez Michael Hunter Billy Lerma PASSED AND APPROVED on this the 11day of ATTEST: Rebecca Huerta City Secretary EFFECTIVE DATE '`3 - .R3 John Martinez Ben Molina Mike Pusley Greg Smith 2021. ')32>22 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 City Secretary Counties,and that the publication of which the annexed is a 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: i Legal Notice Clerk 1 L t Public,State of Wisconsin,County of Brown 7)27J7S- Notary Expires SARAH BERTELSEN Notary Public State of Wisconsin Publication Cost: '. - • Ad No:0004875541 Customer No: 1490432 PO#: 032521 #of Affidavits1 This is not an invoice