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