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HomeMy WebLinkAboutORD 07-069 ORDINANCE NO. 07-069 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE I, SECTIONS 26-1, 26-2, 26-5 AND 26-6, SUBSECTION 26-11(a), AND SECTION 26-13, ARTICLE III, DIVISION 1, SECTIONS 26-41, 26-43, 26- 45.1, AND 26-46, ARTICLE III, DIVISION 2, SECTION 26-60, SUBSECTION 26-62(a) AND SECTION 26-68, ARTICLE IV, SECTION 26-90, SUBSECTIONS 26-92(a), (c), (d) AND (e), 26-93(b) AND (c), SECTIONS 26- 94 AND 26-95, SUBSECTIONS 26-96(c) AND 26-97(b), AND SECTION 26- 98; AND REPEALING ARTICLE 1, SECTIONS 26-7 THROUGH 26-9, ARTICLE III, DIVISION 1, SUBSECTION 26-48(d) AND SECTION 26-49, ARTICLE III DIVISION 2 SECTIONS 26-61 AND 26-65,AND ARTICLE IV, SECTION 26-99 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS the City therefore revising its Code to comport with current law and court h' g p interpretation; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 26, Article I, Section 26-1, be, and the same is hereby, amended to read as follows: Sec. 26-1. Applicability of state law. State law relating to the regulation of pedestrian and motor traffic, codified in the state Transportation Code, together with the provisions of this chapter, shall govern traffic on the streets and other public ways in the city. Section 2. That Chapter 26, Article I, Section 26-2, be, and the same is hereby, amended to read as follows: Sec. 26-2. Definitions. The following terms, when used in this chapter, shall have the meanings respectively ascribed to them: Central business district. All streets and portions of streets within the area identified as the central business district on the Official Zoning Map of the City of Beaumont. Parking meter: Any mechanical device or meter not inconsistent with this chapter, placed or erected for the regulation of parking by authority of this chapter. Parking meter space: Any space within a parking meter zone, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by painted lines or marks, or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. Parking meter zone: Any restricted street upon which parking meters are installed and in operation. Section 3. That Chapter 26, Article I, Section 26-5, be, and the same is hereby, amended to read as follows: Sec. 26-5. Large trucks in central business district, hours. It shall be unlawful for drivers of vehicles with an oversize load or vehicles with three (3) or more axles to travel within the central business district of the city except for deliveries and pickups made in accordance with a permit for same issued under Section 26-14. Section 4. That Chapter 26, Article I, Section 26-6, be, and the same is hereby, amended to read as follows: Sec. 26-6. Trees and shrubs not to obstruct driver's view. It shall be unlawful for any person to permit trees, shrubs, bushes or plants to grow on street right-of-way immediately adjoining property which he owns or has control of, or upon his private property, in such manner as to obstruct the view of approaching traffic from the right or left. Such trees, shrubs, bushes or plants growing upon the street right-of-way may be removed by the city. Section 5. That Chapter 26, Article I, Sections 26-7 through 26-9, be, and the same are hereby repealed. Section 6. That Chapter 26, Article I, Subsection 26-11(a), be, and the same is hereby, amended to revise the following definition to read as follows: Sec. 26-11. Operation of motor-assisted scooters. (a) Definitions. Motor-assisted scooter shall have the same meaning assigned by the Texas Transportation Code section 551.301(2) as it exists or may be amended, and includes a self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Section 6. That Chapter 26, Article I, Section 26-13, be and the same is hereby amended to read as follows: Sec. 26-13. Authority for traffic control. Whenever and wherever the congestion of traffic, the dimensions of the streets and sidewalks and the use of property abutting the streets are such that the director of public works finds it to be necessary for the free flow and the expeditious handling of traffic and the safety of persons and property, the director is authorized: (1) To designate and maintain crosswalks at intersections by appropriate devices, marks or lines upon the surface of the roadway. (2) To establish safety zones on any of the streets of the city. (3) To mark lanes for traffic on the streets of the city. (4) To place proper signs, signals, or markings prohibiting the making of turns at any intersection of streets in the city. (5) To place signs, signals or markings within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. (6) To install or cause to be displayed signs, signals or markings for the direction of traffic near public or private schools, parks and public buildings. (7) To determine the location of passenger zones and freight loading zones and to place and maintain appropriate signs or markings indicating the same. (8) To designate spaces on the streets of the city for exclusive use as bus zones and to mark the same with appropriate signs or marks. (9) To designate areas on the streets of the city which shall not be used as spaces for the parking of vehicles and to mark such areas with the appropriate signs or markings. (10) To designate intersections of streets at which drivers operating vehicles approaching the intersection on one or more of the intersecting streets must bring such vehicle to a complete stop before proceeding into such intersection, and to install and maintain appropriate signs and markings directing such drivers to stop at such intersections. (11) To designate intersections of streets at which drivers operating vehicles approaching the intersection on one or more of the intersecting streets must reduce the speed of such vehicle, and to install appropriate signs and markings directing such drivers to reduce the speed of their vehicles. 12 To designate streets and portions of streets on which drivers of vehicles ( ) 9 P are prohibited from driving except in one direction and to designate the direction in which driving is prohibited and that in which driving is permitted, and to install appropriate signs and markings designating such one-way streets. (13) To designate "truck routes" which shall be followed by single unit trucks with tandem axles or truck tractor and semitrailer combinations, in using the streets of the city; provided that no such vehicle shall be prohibited from using any street for the purpose of going directly to or from any residential, commercial or industrial establishment abutting on such street for the purpose of delivering or picking up materials thereat. (14) To determine and allocate parking time limits on streets and portions of streets and place appropriate signs, markings, or parking meters giving 9 9 P 9 9 9 notice thereof. (15) To designate intersections, the crossing of which shall be controlled by red, green and amber lights and arrows as elsewhere herein provided, and to determine the type of such lights or traffic-control devices to be installed at each intersection and to cause the same to be installed. (16) To determine and fix the maximum axle loads of all vehicles to be operated over, on, or upon the streets within the city, taking into consideration the width, condition and type of pavement structures, and other circumstances on such street. Such maximum axle load shall become effective and operative on said streets within the city when appropriate signs, giving notice thereof, are erected. It shall be unlawful for any person to drive, operate or move, or for the owner to cause or permit to be driven, operated or moved, upon any of the streets, any vehicle or combination of vehicles which in any respect exceeds the maximum axle loads designated by said signs. Provided, however, that any person desiring to operate or move a vehicle on said streets in excess of the maximum axle loads established, shall first obtain a special permit from the director as set out in section 26-14 herein, and such permit shall not be issued unless reasonably necessary. Any person moving or causing to be moved a load as set out in said permit, shall be liable to the city for any damage done by any such vehicle to the streets, bridges or culverts in the city and the acceptance of the aforesaid permit shall be conclusive evidence that the person to whom such permit is issued agrees to pay all such damages upon demand thereof made by the city. (17) To designate areas of the streets of the city to be known as "quiet zones" in the vicinity of any hospital, area with appropriate signs directing the drivers of vehicles not to sound the horn or other warning devices while traveling in the areas designated. (18) To make regulations necessary to make effective the provisions of traffic ordinances and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulations shall remain in effect for more than ninety (90) days. He may test traffic-control devices under actual conditions of traffic. (19) To determine and designate those heavily traveled streets upon which shall be prohibited the use of the roadway by motor-driven cycles, bicycles, horsedrawn vehicles or other nonmotorized traffic and shall erect appropriate signs giving notice thereof. (20) To designate the location and type of signs to be placed upon railroad property advising persons of the restrictions and prohibitions placed upon the use of such railroad property by the public generally. The expense of such signs and the placing thereof shall be borne by the railroad company owning or controlling the property where such signs are placed. (21) To make such changes as changing conditions may require in any designation, determination or regulation he is herein authorized to make. (22) To designate areas along the streets of the city which shall not be used for the parking of vehicles and to provide that vehicles parked in such areas may be removed. Said areas shall be clearly marked so as to sufficiently notify person that the area is a "tow away zone." (23) To designate along the streets of the city, and on any property owned by the city, areas which shall be used only for parking of vehicles operated by handicapped persons in accordance with state law. (24) To establish "temporary" reduced speed zones, based on engineering and traffic investigations, along portions of roadways within the city that are under construction or repair. Such reduced speed zones will terminate upon completion of the roadway improvements. Section 7. That Chapter 26, Article III, Division 1, Section 26-41, be, and the same is hereby, amended to read as follows: Sec. 26-41. Impounding of vehicles--Vehicles unattended for forty-eight hours; redemption and sale. The streets, alleys, or other public places of the city are not intended for storage of vehicles; therefore, any vehicle standing, parked or remaining unattended within the same two (2) blocks of any public street, alley, sidewalk, parkway or upon any property of the city for forty-eight (48) or more continuous hours, even though the vehicle is moved from one place to another within such blocks or city property, is hereby declared to be illegally parked. If the vehicle remains within the same two (2) blocks of any public street, alley, sidewalk, parkway or upon any property of the city for an additional forty- eight (48) continuous hours, it is hereby declared to be a nuisance per se, and any such vehicle when so found shall be removed summarily by any police officer of the city to any storage area designated or maintained by the police department and shall be kept I there until redeemed or sold as provided in this section. For purposes of this section, vehicle means a device in or by which a person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks. Section 8. That Chapter 26, Article III, Division 1, Section 26-43, be, and the same is hereby, amended to read as follows: Sec. 26-43. Loading and unloading at angle, permit therefor. The public works director is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. Section 9. That Chapter 26, Article III, Division 1, Section 26-45.1, be, and the same is hereby, amended to read as follows: Sec. 26-45.1. Parking limited at public library. It shall be unlawful for any unauthorized person to park a vehicle in any city parking lot for a period of two (2) hours or more unless the person is conducting business or attending an event at an affiliated venue. Section 10. That Chapter 26, Article III, Division 1, Section 26-46, be, and the same is hereby, amended to read as follows: Sec. 26-46. Prohibited purposes. No person shall park a vehicle upon any street right-of-way for the principal purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. (3) Using such vehicle or trailer for advertising purposes or displaying large signs therefrom containing pictures or reading matter. Section 11. That Chapter 26, Article 111, Division 1, Subsection 26-48(d), be, and the same is hereby, repealed. Section 12. That Chapter 26, Article 111, Division 1, Section 26-49, be, and the same is hereby, repealed. Section 13. That Chapter 26, Article 111, Division 2, Section 26-60, be, and the same is hereby, amended to read as follows: Sec. 26-60. Times regulations applicable. The regulations provided for in this division shall apply between the hours of 8:00 a.m. and 5:00 p.m. on all days other than Saturdays, Sundays and the following holidays: The first day of January, the fourth day of July, the first Monday in September, Thanksgiving Day, and the twenty-fifth day of December. Section 14. That Chapter 26, Article III, Division 2, Section 26-61, be, and the same is hereby, repealed. Section 15. That Chapter 26, Article III, Division 2, Subsection 26-62(a) be and the same is hereby, amended to read as follows: Sec. 26-62. Installation, coins, time limits, legend. (a) The public works director shall install parking meters in the parking meter zones established as provided in this article upon the curb immediately adjacent to each designated parking space. Such meters shall be capable of being operated, either automatically or mechanically, upon the deposit therein of an appropriate coin of United States currency. The public works director shall time the meters upon the basis of an engineering and traffic investigation to best aid in the regulation, control and inspection of the parking of vehicles. The timing and type of operation shall be one (1) of the following: (1) One-hour time limit. Parking shall be lawful for up to sixty (60) minutes upon deposit of five cents for each six minute increment. (2) Two-hour limit. Parking shall be lawful for up to two (2) hours upon deposit of five cents for each six minute increment. Section 16. That Chapter 26, Article III, Division 2, Section 26-65, be, and the same is hereby, repealed. Section 17. That Chapter 26, Article III, Division 2, Section 26-68, be, and the same is hereby, amended to read as follows: Sec. 26-68. Reserved metered parking spaces. The director of public works or his designee is hereby authorized to reserve metered parking spaces for special purposes. If the director of public works or his designee deems the reservation of metered parking spaces in the public interest he shall mark such meters appropriately to notify the general public that use of such meters is unlawful by unauthorized vehicles and shall collect from the person or firm requesting the reserved use the following fees: (1) The single charge of ten dollars ($10.00) per meter shall be made as an administrative charge for each trip to a single block location for the purpose of designating reserved meter spaces; and (2) An additional fee of four dollars ($4.00) per meter per day shall be charged for each day that the designated spaces remain reserved. Persons or firms who are performing renovations and/or improvements which would endanger the safety and welfare of the citizens if parking spaces are not reserved, will be granted a waiver of all reserved use fees by the director of public works. To obtain the waiver provided herein, a written request must be received by the director of public works at least ten (10) days prior to the date the reserved meters are required. The written request shall additionally contain meter location and dates for which the reservations are needed. The waiver will be granted only for those meters abutting the property being renovated or improved. Section 18. That Chapter 26, Article IV, Section 26-90, be, and the same is hereby, amended by adding the following definition to read as follows: Sec. 26-90. Definitions. As used in this article, the following words and terms shall have the meaning ascribed thereto: Chief of Police, Fire Chief, Public Works Director, and City Manager include their designees. Section 19. That Chapter 26, Article IV, Subsections 26-92(a), (c), (d) and (e), be, and the same are hereby, amended to read as follows: Sec. 26-92. Application for parade permit. (a) Applications for a parade permit must be filed with the chief of police no less than thirty (30) days prior to the date and time for commencement of such parade. (c) Each application for a parade permit shall be signed by the applicant and contain the following information: (1) The name, address, and telephone number of the applicant; (2) The name, address and telephone number of any organization, firm, association, corporation, or other entity on whose behalf application is made; (3) Date and time proposed for commencement of the parade; (4) A statement of the anticipated duration of the parade; (5) A description of the specific parade route listing all streets to be utilized and the direction of flow from the point of commencement to termination; (6) The estimated number of persons to participate in the parade; (7) The estimated number of vehicles, floats, animals, motorized displays and the like to be utilized in the parade; (8) The estimated number of marching units, bands, color guards, drill teams and the like to participate in the parade. (d) If the applicant is acting on behalf of a corporation, association, firm or other organization sponsoring the parade, the application must be accompanied by a letter indicating the organization's sponsorship of such parade and authorizing the applicant to act in its behalf in securing a permit therefor. (e) Upon receipt of an application for a parade permit, the chief of police shall forward a true copy of same to the fire chief and public works director with a request for comments thereon. Section 20. That Chapter 26, Article IV, Subsections 26-93(b) and (c), be, and the same are hereby, amended to read as follows: Sec. 26-93. Standards for issuance; action on application. (b) The chief of police may, in consultation with the public works director and fire chief, approve an application for a parade permit subject to reasonable terms and conditions relating to the time, place or manner for conduct of the parade, including, but not limited to: (1) The establishment of an alternate time for conduct of the parade; (2) The establishment of an alternate route for conduct of the parade; (3) Reasonable regulations regarding the width and length of the parade. (c) Upon issuance of a parade permit, the chief of police shall notify the public works director, fire chief and the city manager and maintain a copy of said permit on file for review. Section 21. That Chapter 26, Article IV, Section 26-94, be, and the same is hereby, amended by adding the following definition to read as follows: Sec. 26-94. Denial or revocation of permit. (a) It is the policy of the City of Beaumont that the constitutional rights of citizens be fully considered in determining the granting or denying of parade permits and that citizens' rights governing noncommercial parades are different and superior to those governing commercial parades. Therefore, the chief of police shall consider the following in denying, revoking or modifying parade permits: (1) If the information contained in the application for a parade permit is found to be false or incomplete in any material aspect; or (2) If the public peace, health, safety, or welfare will be endangered by the conduct of the parade or that conduct of the same is reasonably likely to engender a riot, civil disturbance, or other public calamity; or (3) Permittee has conducted or is conducting a parade in violation of this article or other applicable laws and ordinances affecting such activity; or (4) If the permittee fails to obey any lawful order of the chief of police, fire chief, or their respective designees, respecting the conduct of the parade, or any term or condition to which the approval of the parade permit is made subject; or (5) If the parade fails to commence within thirty (30) minutes of the appointed time for commencement; or (6) If the conduct of the parade at the time and place or in the manner proposed will substantially disrupt the safe and orderly movement of traffic contiguous to the parade route; or (7) The parade will require diversion of so great a number of police officers that the provision of adequate police service to the remainder of the city will be rendered impossible; or (8) If the concentration of persons, animals, and vehicles at points of assembly and disassembly is reasonably likely to interfere with the provisions of adequate fire, police, and other emergency services to other parts of the city; or (9) Conduct of the parade is reasonably likely to result in harm to persons or property; or (10) If emergency conditions or other exigent circumstances then existing within the city require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials. (b) In the event of denial or revocation hereunder, the chief of police shall provide, at the time of denial or revocation, such oral or written notice of denial or revocation that is feasible under the circumstances then existing and, in addition, within three days thereafter, shall provide written notice to the permittee or applicant setting forth the specific reasons forming the basis for denial or revocation. Such written notice shall be mailed to the permittee or applicant. Section 22. That Chapter 26, Article IV, Section 26-95, be, and the same is hereby, amended by adding the following definition to read as follows: Sec. 26-95. Appeal procedure; final decision. (a) Any applicant may appeal the decision of the chief of police to the city council. Such appeal may be accomplished by requesting the city manager, or whoever is acting in his place, to place such appeal upon the agenda of the next available regular council meeting. This shall be done so Ion as it does not have to be 9 g 9 placed on such agenda as an emergency item. If circumstances prevent such appeal from being considered by the city council, then such appeal shall be considered by the city manager or whoever is acting in his place. The decision hereby rendered shall be final. If a decision is not rendered prior to three (3) full days before the commencement of the parade, such failure to act shall conclusively be presumed an approval of the decision of the chief of police. The lack of a decision shall be conclusively presumed an approval of the decision of the chief of police. In the absence of an appeal made in accordance with the procedures above described, the decision of the chief of police shall be final. (b) An appeal from the decision of the chief of police shall include a copy of the application for a permit and a statement of the action complained of. It shall be delivered to the office of the city manager together with applicant's request for an appeal. Such appeal shall not be considered as requested or filed without such material. Section 23. That Chapter 26, Article IV, Subsection 26-96(c), be, and the same is hereby, amended to read as follows: Sec. 26-96. Interference with parade; driving through parade; parking on parade route. (c) It shall be unlawful to park any vehicle along a public street constituting a portion of the parade route and conspicuously marked as such; in this connection, the chief of police and the public works director are authorized to prohibit or restrict the parking of vehicles as needed along the parade route and to cause the route to be conspicuously marked as such. Section 24. That Chapter 26, Article IV, Subsection 26-97(b), be, and the same is hereby, amended to read as follows: Sec. 26-97. Permit fees; commercial parades; reimbursement of costs. (b) An application for a permit to conduct a commercial parade shall be accompanied by a nonrefundable permit fee of five hundred dollars ($500.00) to reimburse the city for administrative and cleanup costs incurred as a result of the conduct of such parade. Section 25. That Chapter 26, Article IV, Subsections 26-98(a), (b) and (c) be, and the same are hereby, amended, and Subsection (d) added, to read as follows: Sec. 26-98. Enforcement. (a) Any person conducting, commencing, aiding or engaging in a parade without a parade permit, or otherwise violating any provision of this article, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (b) The chief of police, his authorized designee, any officer of the Beaumont Police Department, and the fire chief or his authorized designee are hereby authorized to issue summons and citations, as applicable, for violations of this article. (c) Anyone involved in or participating in a parade without first receiving a permit as outlined herein or after being directed to cease and desist and informed that the parade is unlawful because it is without a permit shall individually be in violation of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (d) This section shall not apply to members of the police, fire, or public works departments in processing any parade permit application. Section 26. I That Chapter 26, Article IV, Section 26-99, be, and the same is hereby, repealed. Section 27. That if an section subsection sentence clause or phrase of this ordinance or the e P application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 28. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 29. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont,Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 19th day of June,2007. � l1AlIQM,�111 Mayor ecky Ames- _ LLLLLL � I 111111 W W �$R Nit e `�h�