Loading...
HomeMy WebLinkAboutOrdinance - 564-1937 - Creating And Defining Parking Meter Zones In The City Of Lubbock - 05/29/1937.. - AN ORDINANCE 1 CREATING AND DEFINING PARKING METER ~ONES IN THE CITY OF LUBBOCK 1 TEXAS; PROVIDING FOR THE INSTALLATION 1 OPERATION AND MAINTENANCE OF MECHANICAL DEVIC ~S TO REGULATE PARKING IN SAID PARKING METER ZONES; PROVIDING FOR THE COL ~UTION OF REGULATORY AN.u INSPECTION FEES FOH THE USE 01<' SUCH DEVICES; PROVIDI NG FOR THE DEPOSIT OF S UCH FEES BY THh CITY TREASU ReR I N A SPECIAL FUND; PROVIDING FOR THE METHOD AND PURP OSE OF DISBDRSEM~NT o~· SAID FUND; MAKI NG IT UNLAWFUL TO USR THE STR~ETS OR PORTIONS OF THE STR EETS SO DESIGNATED FOR PARKI NG EXC~PT THROUGH US~ OF PARKING METERS; DEFINING WliAT ACTS SHALL BE UNLAWFUL 1 AND FIX- ING PENALTI~S FOR TH.c. VIOLA'riON OF THE PROVISIONS OF THIS OlWINANUE~ AND HEPEALING ORDINANCE NO. E) 59 AND ALL ORDINANChS AND PARTS OF ORDINANC ES IN CONFLICT HE.R.t!.WITH. WHEREAS, b ecause of the crowded and cong ested condition of certain streets in certain sections of the City of Lubbock, the free moving of traffic in the downtown business area is congested and im- peded; and, WHEREAS~ previous attempts to regulate the parking of vehicles in the aforesaid area have not been as successful as is de- sirable for the safety and weltare of the public, and because of the small number of traffic policemen available therefor, and because of the size of the aforesaid area; and, WHEREAS, b ecause numerous operators of motor vehicles, taking advantage of the above named situation py parking for unreason- able long periods of time in close proximity to oth er vehicles so parked on the most conges~cl parts of the City's busiest streets, tends .;.:. to further impede tr~~c and in addition thereto is unfair to bus- iness interests in sucij.area and to motorists, and constitutes a dan- ger to the life, limb and property of motorists and pedestrians; and, WHEREAS 1 such traffic conditions require limited parking in certain areas of the City of Lubbock, and enforc ement of such limitation throu~h the present means and methods, is expensive, in- adequate and unsatisfactory; and, 0 WHERhAS 1 it is advisable to employ some mechanical· assist- ance in the enforc ement of said parking limitation, and in the opinion r 1 of the City Commission~ the most satisfactory way by which the above :conditions may be remedied is by the designation of individual parking spaces in said area~ and by providing for the use of mechanical parking time indicators or meters in conjunction therewith, by restrict- _) ing parking in said area to reasonable intervals of time, and by com- pelling the operators of vehicles who enjoy the use of the parking spaces so designated to pay a portion of the cost of the establishment and maintenance of the same, and for the purpose of regulating and controlling the same; Now~ therefore, be it ordained by the City Commission of the City of Lubbock, Texas: SECTION 1. That in the. construction and application of this ordinance the following definitions of words a~d phrases shall be adhered to: (a) The word 11 vehicle 11 as used herein shall mean any device upon or by which any person or property is or may be trans- ported upon the highway~ street or road, except those operated upon rails or tracks. (b} The word nparktt or "parking" when used herein shall mean the standing of a vehicle, whether occupied or not, otherwise than a temporary stopping of such vehicle for the purpose of and while actually engaged in loading or unloading passengers or merchan- dise, or an involuntary stopping of the vehicle by reason of causes beyond the control of the occupant of the vehicle. ( e,) The word ttparking spacen as used herein shall mean the space or section of the street adjacent to the curbing and bounded and indicated by lines or metal markers upon the surface of the street extending from the curbing into the street adjacent to and adjoining a parking meter. {d) The word "loading zone" when used herein shall mean the space or section of the street adjacent to the curb, set aside for the e~clusive use of loading or unloading passengers, supplies or merchandise. {e) The word "person" when used herein shall. mean any individual person, firm and/or corporation. I SECTION 2. That in order to avoid traffic congestion and to regulate traffic and the parking of vehicles in the parts of the streets in the City of Lubbock, Texas, described in Section 23 of this ordinance and _) hereby established and created as parking meter zones, and in such other parking meter zones as may be hereafter created by ordinanae of the City of Lubbock, said city shall cause to be installed parking meters, and shall cause parking meter spaces to be designated and identified in accordance with the provisions of this ordinance. Said parking meters are to be paid for exclusively from the receipts from said meters. The City of Lubbock is in no way obligated to pay the purchase price of said meters out of any funds, moneys or revenues of the City of Lubbock, except from the receipts received by said City from the operation of said meters as herein provided. The funds here authorized to be paid as a purchase price of said meters shall never be considered in determining the constitutional statutory or other legal limitations imposed upon the City with respect to its power to create debts. When parking meter spaces are indicated by metal markers upon the surface of the streets in said parking meter zones, as herein pro- vided, and when parking meters are installed adjacent to or adjoining said respective parking spaces, no vehicle shall remain .. parked with- in any of said spaces within the zone or upon any of the portions of the streets described in Section 23 of this ordinance for a longer continuous period than 120 minutes at any time, between the hours of ~ 0 r clock A. M. and i.+:J 0' clock P. M. on any day except Sundays and holidays officially designated by the Board of City Com- missioners of the City of Lubbock, Texas. SEUTION 3. That such perking meters shall be placed on the curb ad- jacent to, along side of and adjoining individual parking spaces to be identified and designated as herein provided. Each said parking meter shall be situated on the curb as to show and display a signal that the parking space adjacent to and along side of said parking meter is or is not in use as the case may be. SEUTION 4. That when parking meters shall have been so installed as provided for herein, that regulation, control, operation and use provided for herein and the maintenance of said parking meters shall be vested in the City Commission of the City of Lubbock, Texas. SEGTION 5. That said parking meters shall be so situated and placed as to display a signal showing legal parking within the adjacent and adjoining parking space, upon the deposit in said meter of a five-cent coin of the United States of America for a period of time as herein set out and established for the part of the street designated as a parking space, adjacent to and adjoining which said meter is placed, which said parking space .shall be identified and designated by proper markings as herein ~ovided. Each meter shall, by a mechanical device, begin and continue in operation from the time o.t' the deposit of such five-cent coin therein until the expiration of the parking period as fixed by the ordinance of the City of Lubbock, Texas 1 a a the park- ing limit for the part of the street adjacent to which said meter is located. Each meter shall be so mechanically adjusted and arranged that upon the expiration of the time of said parking limit for such parking space, such meter shall indicate by a mechanical operation and the showing of a proper signal that the lawful parking period for such parking space adjacent to said meter, as herein provided, bas expired. SE(;TION 6. That when any vehicle shall be parked in a parking space, as herein provided, along side of, adjacent to or adjoining a parking meter, which is located under this ordinance, the owner, operator, manager or driver of said vehicle shall, upon entering said parking space, immediately depo-sit a five-cent coin of the United States of America in the parking meter along side of, adjacent to or adjoining said parking space, and said parking space may then be lawfully used by such vehicle for the purpose of parking during the parking limit provided for by the ordinance of the City of Lubbock, Texas, for the portion of the street on which said parking space is locatedo 4. ... SEc.;TION 7 • That if a vehicle shall remain continuously parked within a parking space for a period of time longer than the parking limit for such parking space fixed by the ordinances of the City of Lubbock, Texas, the parking meter located along side of, adjacent to or adjoining said parking space shall be so mechanically adjusted that at the expiration of the parking limit, such meter shall immediately display a sign or signal showing illegal parking, and in that event such vehicle shall be considered as parking over time and beyond the limit fixed by the ordinances of the Uity of Lubbock. The parking of a vehicle over time, or beyond the period of time fixed herein or to be fixed hereafter by the ordinances of the qity of Lubbock for any such part of the street wherein such meter is located, shall be con- sidered a violation of the ordinances of the City of Lubbock, Texas, and shall be subject to the penalties provided for by said ordinances for such offense. SEUTION 8. That in parking meter zones all vehicles shall be parked at an angle of 45 degrees to said parking meter, and the front of aaid parked vehicle shall point toward said parking meter, and the said park- ing space shall be marked by metal markers or lines on the curb and/or the street that is along side of each parking meter to designate the parking space for Which said meter is to be used within the lines or markings so established. SEGTION 9. The City of Lubbock, Texas is hereby authorized to establish, designate and identify by appropriate markings upon the surface of the streets within said parking meter zones such ttloading spacesn as are, in the opinion of the Board of City Commissioners of the City of Lubbock, Texas, necessary for the conduct of business within said city, and parking meters shall be omitted from such loading zones. Such loading space shall be adjacent to the curb. No person shall stand or park a vehicle in any loading space for the purpose of loading or unloading passengers for a period of time in excess o~ minutes. All loading or unloading of merchandise in said loading space must be performed· in an expeditious manner and no vehicle shall remain in a loading space for a longer period of time than reasonably necessary 5. -t9 expeditiously load or unload merchandise from such vehicle, nor while the operator thereof is soliciting or engaged otherwise than in load- ing or unloading such vehicle, except that a reasonable time shall be allowed to the operator of such vehicle for securing a receipt of delivery. All other parking within said l ·oading zones is hereby de- clared unlawful, and a violation of this ordinance. SEUTION 10. That it shall be the duty of each traffic or other city officer to make a written record of the number of any parking meter at which any vehicle is illegally parked as provided by this ordinance, and to make, at the same time a written record of the State license number of such vehicle, and such officer shall promptly report the same to the Police Department, and shall promptly file a legal complaint of any violations of this ordinance, said complaint to be in the form as provided by the laws of the state of Texas and by the ordinances of the City of Lubbock, Texas, and said police officer shall, at the time he makes the written record of the State license number of said vehicle and the number of the parking meter, make a duplicate of such record upon a card to be furnished him by the City of Lubbock, Texas, this duplicate card to be placed in a conspicuous place on the wind- shield of any automobile or upon the front of any vehicle so illegally parked;' The original of this ticket to be filed with the Recorder of the Corporation Court and permanent record thereof shall be made by the Recorder of said ~ourt. SE~TION 11. That the City Commdssion of the City of Lubbock, Texas, shall designate an employee or employees who · shall place and maintain under the supervision of the City Commission, painted lines or metal markers on the curb and on the surface of the street adjacent to and adjoining the location of each parking meter, to designate and identify the parking space for which s~dd parking meter is to be used. SEUTION 12. That no parking of vehicles shall be permitted in the re- served space adjacent to or adjoining a fire plug within any parking meter zone designated in this or other ordinances of the City of Lubbock, Texas. No parking of vehicles shall be permitted within reserved spaces 6. ~n any parking meter zone as herein designated adjacent to any hotel entrance or theater entrance, except for the sole ani only purpose o:f promptly loading or unloading passengers in said portion of said streets. Provided however that the provisions of this section of this _) ordinance shall not apply to vehicles of the police or fire department of the city o:f Lubbock, Texas, while in the discharge of their official duties. SEL:TION 13. That it shall be unlawful and an offense to park any vehicle across or upon any line or metal markers designating or identifying a parking space or to park a vehicle in such a manner that the same shall not be entirely within the area so designated by such lines or metal markers identifying and designating said parking space. SECTION 14. That it shall be unlawful and an offense for any person, fir.m a parking meter zone, between ·the hours of~ ~--·-·~,-~ ____ O'clock P. M. except within the parking meter spaces desig- nated by the marks and lines as parking meter spaces adjacent to or adjoining said parking meter. This provision ofxhis ordinance shall not apply on Sundays or holidays officially designated as such by the City Commission of the City of Lubbock, Texas. SEL:TION 15. That it Shall be unlawful and an offense for any person, firm or corpor·ation operating a vehicle to remain standing or parked upon any of the streets within any of said parking spaces within the parking meter zone designated in Section 23 of this Ordinance for a longer continuous period than 120 minutes at a time between the hours of~ . O'clock A. M. and H-O'clock P. M. of any day except Sunday and holidays officially designated by the City Comrr.dssion of the City of Lubbock County, Texas. 3EvTION 16. That it shall be unlawful and an offense for any person, firm or corporation operating a vehicle to park or permit to be • parked or remain standing any vehicle upon any street within any parking meter space in the city of Lubbock, Texas, as designated in this ordin- ance, between the hours of ~ O'clock A. M. and~ O'clock P. M. on any days except Sunday and holidays designated by the City Commission of the City of Lubbock, Texas, unless the person in charge of said vehicle shall, immediately upon entering said parking space, deposit in the parking meter adjacent to, adjoining or al~ng side of said parking space a five-cent coin of lawful money of the United States of America, thereby causing such parking meter to display a sign or signal for the period of legal parking within said parking meter zone. SECTION 17. That it shall be unlawful and an offense for any person to permit a vehicle to be or remain in any parking space adjacent to, along side of or adjoining which said parking meter is located, While said meter is displaying a signal showing that a vehicle has already been parked in said parking space for a longer period of time than the parking limit provided for in this ordinance for said parking meter zone within which said parking meter is located. SECTION 18. That it shall be unlawful and an offense for any person to deposit or cause to be deposited in the parking meter within any of the parking meter zones as herein established a five-cent coin of the United States of America for the purpose of extending the parking time of the vehicle occupying said parking space beyond the period of time fixed by this ordinance as the parking limit for the parking meter zone within which said parking meter is located. SECTION 19. That it shall be unlawful and an offense for any person, firm or. corporation to allow, permit or suffer any vehicle registered in his, her, their or its name to be parked over t~e, or for a longer period of time continuously in said park.i,_ng space than the parking \ limit provided for by this ordinance for the parking meter zone within which said vehicle is so parked. SECTION 20. That it shall be unlawful and an offense to deposit or a. cause to be deposited within any parking meter any slug, device or sub- stitute for a five-cent coin of the United States of America. SECTION 21. That it shall be unlawful and an offense to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this ordinance. SEliTION 22. That any person, firm or corporation who shall violate, or aid or abet another to violate any of the provisions of this ordinance shall upon conviction be deemed guilty of an offense and shall be fined in any sum not to exceed $100.00. SECTION 23. That a parking meter zone is hereby designated and established in the City of Lubbock, Texas. Said parking meter zone shall embrace the following streets in the city of Lubbock, Texas, to-wit: The south side of Broadway Street from Avenue H to Texas Avenue; both sides of Broadway Str~et from Texas Avenue to Avenue L; the north side of Main Street from Avenue H to Texas .Avenue; both sides of Main Street from Texas Avenue to Avenue J; both sides of Texas Avenue from Thirteenth Street to Broadway) the west side of Texas Avenue from Broadw~y to Main Street; both sides of Avenue ~ from Thirteenth Street to Main Street. - SEliTION 24. It shall be the duty of the City Manager to designate some employee or employees of the City of Lubbock to make daily collections of money deposited in said meters. Such person so designated shall take from said parking meters the sealed cylinder containing the coins as deposited in the meters and deliver such cylinders with the seals unbroken to the City Manager. It shall be the duty of the City Manager to break or cause to be broken the seals and count the money and deposit same to the credit of the city of Lubbock in a special fund to be called ttParking Meter Fundtt, which said fund shall be disbursed on the order of the City Commission. The duties prescribed to the employee or employees of the city of Lubbock under the terms of this section of this ordinance shall be in addition to their regular duties which they are now performing. 9. ...J • J ' ' t,. SECTION 25. The five-cent coins required to be deposited in the parking meters as provided herein are h ereby levied as a police regulation, super- vision and inspection fee to cover the cost of inspection, supervision and regulation involved in the installation, operation, upkeep and mainten- ance and the use of the parking space and parking meters aescribed herein, and involved in checking up and regulating the parking of vehicles in the parking meter zones created hereby. SECTIO!j 26. That ordinance No • .5'5'., and all other ordinances and parts of ordinances inconsistent or in conflict with any of the terms or pro- visions of this ordinance are hereby expressly r e pealed. SECTION 27. That if any section or provision of any part of this ordinance shall be adjudged invalid and unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of this ordinance as a who~e, or any section, provision or part thereof not so adjudged invalid or unconstitutional. SECTION 28. WHEREAS, the City of Lubbock does not have a polic e force in sufficient numbers to adequately control the parkirg and traffic of motor vehicles upon its public stree~s; and whereas, in the parking meter zones hereinbefore described in this ordinance there exists a highly con- gested condition of traffic; and whereag, in said area many people drive their cars to town in the early morning, park them on the streets and leave them parked for the entire day; and whereas, such practice prevents and prohibits others from an equal use of parking spaces in said area; and whereas, said congested traffic conditions on the streets in the area above s et forth as a parking meter zone has created a traffic hazard; and whereas, the above matters constitute a public emergency, Which public eme rgency is hereby declared, and creates an imperative public necessity that this Act t a ke effect from and after its passage and the publication of same for on e time in a newspaper of general circulation published in Lubbock Gounty, Texas, and it is so ordered. Passed and approved AT~ Wd& ~~L/Le City Secretary