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HomeMy WebLinkAboutOrdinance - 10075-1998 - Amending Chapter 16 Motor Vehicles And Traffic Article VII - 05/28/1998II I 1 First Reading ! Item No. 35 Second Reading ItemNo.17. June 11, 1998 ·.· , I May 28, 1998 II I! I! d l l ORDINANCE NO. 10075 AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEIDCLES AND TRAFFIC, OF THE LUBBOCK CITY CODE, AS AMENDED, BY ADDING A NEW ARTICLE VII, ENTITLED "RESIDENT PARKING ONLY PROGRAM"; DEFINING TERMS; PROVIDING FOR THE ESTABLISHMENT OF RESIDENT PARKING ONLY ZONES WITHIN A CERTAIN PORTION OF THE CITY AS A TEST PROGRAM TO ESTABLISH THE EFFECTIVENESS OF SUCH A PROGRAM; PROVIDING APPLICATION, ELIGIBILITY, FEE, AND OTHER REQUIREMENTS FOR A RESIDENT PARKING ONLY PERMIT, GUEST PASSES AND TEMPORARY I PASSES; PROVIDING FOR DISCONTINUANCE OF SUCH ZONES; CREATING I CRIMINAL OFFENSES; PROVIDING FOR REVOCATION OF A RESIDENT PARKING ONLY PERMIT OR PASSES; PROVIDING AN ADMINISTRATIVE I APPEAL PROCESS; PROVIDING FOR TOWING OF UNAUTHORIZED VEIDCLES; . 1 , PROVIDING A PENALTY; PROVIDING A SAVING CLAUSE; AND PROVIDING I FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to provide for residential parking permits on City streets at certain locations within the City of Lubbock as a test program; and WHEREAS, it is the finding of the City Council that the designation and enforcement of such zones will reduce hazardous traffic conditions, protect neighborhoods from polluted air, excessive trash and refuse, provide better access for residents to their homes, preserve the residential character of such areas, promote efficiency in the maintenance of public streets in a clean and safe condition and protect the safety of children in residential areas; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances ofthe City ofLubbock, Texas, is amended by adding a new Article to Chapter 16 to be entitled Article VII, which Article shall read as follows: Article VII. Resident Parking Only Program. Sec.16-194. PURPOSE. The purpose of this division is to provide the process to implement a "Resident Parking Only Program" for residential streets within a certain portion of the City of Lubbock the City of Lubbock as a test program for the following reasons: 1) To reduce hazardous traffic conditions caused by the use of residential streets for parking by persons using adjacent educational, commercial, industrial, or commuter facilities, but who do not reside in the neighborhood; 2) To protect the residents of such neighborhoods from polluted air, excessive noise, trash and refuse; 3) To protect the residents from unreasonable burdens in gaining access to their residences; 4) To preserve the character of such residential districts; 5) To promote efficiency in maintenance of the streets in a clean and safe condition; and 6) To protect the safety of children in such residential areas. This test program initially shall be limited to the geographic area of the City of Lubbock that is contained within an area bounded by 19th Street on the north; the alley between 24th and 25th Streets on the south; University A venue on the east and Indiana Avenue on the west. The Citizens Traffic Commission shall be charged with monitoring the effectiveness of this program and may request review by the Council of the City of Lubbock as necessary. The City Council may continue, modify or repeal this ordinance as may be desirable following any such review. Sec. 16-195. DEFINITIONS. (1) LOW DENSITY RESIDENTIAL STREET means a one-block portion of a street containing residential occupancies zoned R-1 or R-2 in accordance with Chapter 29 of this Code. There may be commercial and non-residential uses within the block, but resident parking only zones shall not be designated adjacent to such commercial or non- residential occupancies. (2) CITY MANAGER means the City Manager or his designee. (3) RESIDENT PARKING ONLY ZONE means any designated on-street parking spaces within a residential area where only resident motor vehicles displaying a valid permit may stop, stand, or park. (4) PERMIT means a resident parking only permit issued by the City Manager under this division. The permit will be in the form of a window decal. 2 II (S) GUEST PASS means a temporary parking pass issued by the City Manager under this division. The pass will be valid for a period of one year. The pass will be in a form designed to hang from a vehicle's rear view mirror. (6) TEMPORARY PASS means a temporary parking pass issued by the City Manager under this division. The pass will be valid for a period of one-day and will be in a form designed to hang from a vehicle's rear view mirror. (7) BLOCK shall mean that portion of one side of a street situated between two cross streets. An alley shall not be considered as establishing the boundary of a block for purposes of this Article. (8) VEHICLE shall mean a vehicle as defmed by the Texas Transportation Code "Rules of the Road." Sec. 16-196. DESIGNATION OF RESIDENT PARKING ONLY ZONES. (a) The City Manager may, from time to time, designate a number of resident parking only zones as the City Manager determines necessary to provide for the parking needs of the residents of that neighborhood based upon the following criteria. (1) A petition must be filed in the Traffic Engineering Department signed by the residents who own or occupy 60% of the linear footage of the street block requesting the installation of the "Resident Parking Only" signage. (2) The block(s) proposed for the program shall consist oflow density residential uses. The City Manager will determine the days and time of the restricted parking based upon a study conducted by the traffic engineering department, including input from the residents and traffic requirements. (3) Payment of an application fee, sign fabrication and installation costs by the applicant(s). ! (b) Marked service and delivery vehicles while parked for the purpose of providing I service or delivery in the Resident Parking Only zone are exempt from application of this Article. (c) Following approval of an application, the City Manager shall conspicuously post signs within each zone indicating the locations and times for which parking is by permit only and indicating that unauthorized vehicles may be towed at the expense of the owner or operator in accordance with Section 684.053 of the Transportation Code. A resident parking only zone becomes effective for enforcement five (5) working days after signs are posted in the zone. 3 (d) The costs to the applicant for the establishment of a resident parking only zone are: (1) $50.00 application fee; and (2) $52.00 for the installation of each resident parking only sign required to meet uniform traffic code requirements; and (3) $5.00 annual fee for each resident parking only permit, per vehicle. Sec.16-197. RESIDENT PARKING ONLY PERMIT (a) The City Manager shall, after application and payment of the permit fee, issue resident parking only permits to any person who resides in the resident parking zone sufficient for that person's vehicles, including any vehicles owned by other family members residing at the same address. (b) The application for a permit must contain the name, home address, and driver's license number of the resident or property owner applying for the permit(s) and the number of permits needed. (c) To prove residency within the Residential Parking Only zone and to verify the contents of the application, the applicant shall present at the time of application: (1) a valid Texas driver's license showing the applicant's current home address; or (2) a valid Texas motor registration for the motor vehicle to be parked in the resident parking only zone, showing the applicant's current home address; or, (3) a residential utility bill showing the applicant's current home address. (d) When a vehicle is parked in a resident parking only zone, the permit must be conspicuously displayed on the driver's side front windshield above the state inspection sticker and vehicle registration sticker. On motorcycles and trailers, such permit may be placed at a convenient location at or near the vehicle's license plate. (e) A permit authorizes the holder to stop, stand, and park a vehicle at any time in a resident parking only zone, unless such stopping, standing, or parking is prohibited or restricted by regulations other than those established under this division. (t) A permit is not transferable or assignable. 4 I' I (g) A permit is valid for one year beginning August 1 and ending July 31 of the II following year. Permits may be renewed by applying in accordance with provisions of 1 this article. (h) A lost, stolen or destroyed permit may be replaced for a $5.00 fee. The permit holder must submit a signed affidavit stating that the permit was lost or stolen or provide physical verification that the permit has been destroyed. If a vehicle is sold, the permit holder may remove the permit and use it in lieu of the aforementioned signed affidavit. (i) One permanent guest pass shall be issued for each vehicle permit purchased, up to a limit of three guest passes per residence. G) Temporary passes are available to accommodate large gatherings within the I I I ' 1 residential parking only zone. Temporary passes shall be valid for one day only and will be provided on an individual basis. A fee of$1.00 per pass shall be charged to recover administrative costs. The total fee for all temporary passes for a single event shall not exceed $20.00 and the number of temporary passes issued shall not exceed the available I I I I curb space within one block of the location of the large gathering. Sec 16-198. REMOVAL OF RESIDENTIAL PARKING PERMIT ZONE. A petition must be filed in the Traffic Engineering Department signed by the residents who own or occupy 60% of the linear footage of the numerical street block requesting the removal of the "Resident Parking Only" signage. Such a petition shall not be considered within two (2) years of the implementation of the zone. Sec. 16-199. OFFENSES; PERMIT REVOCATION; APPEAL; TOWING. (a) A person commits an offense if he: (1) stops, stands, or parks a motor vehicle in a resident parking only zone without displaying a valid permit, guest pass or temporary pass on the vehicle as required by this division; or (2) falsely represents himself as being eligible for a resident parking only permit, submits false documents, or otherwise makes a false statement of a material fact on an application for a permit. (b) In Addition to the above, the City Manager after an administrative hearing may revoke the resident parking only permit, guest pass or temporary pass of any person who: (1) violates Subsection (a) of this section; or (2) has one or more outstanding delinquent parking citations issued by the City. s (c) Further, the City, acting through its Police Department, may tow or cause to be towed any unauthorized vehicles parked in designated residential parking only zones during the hours of enforcement of such zone as permitted by Chapter 684 of the Texas Transportation Code. (d) Permit revocations, towing and any other final administrative actions taken pursuant to this Article by City officials may be appealed in writing within ten (1 0) days of the date of the action to the Permit and License Appeal Board of the City of Lubbock in accordance with the provisions of Chapter 2 of this Code of Ordinances. SECTION 2. That violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading the ~y of May , 1998. Passed by the City Council on second reading the 11 tlday of_...ljJ~u~ne!::..----, 1998. -- APPROVED AS TO CONTENT: 6 MAX L. 'INCE , , . MAYOR PROTEM Ddordlresparta.ord May 13,1998 7 THE STATE OF TEXAS COUNTY OF LUBBOCK Beforerne'--------~~~~~~~~~~~r4 personally appeare·u..,~q::t.U!.tt.rM-~f.#r..tL....--::f-Z-.c::,.;.~~'--~CLU.~---4LL"l~---' ------~-~-------No,~/.~a~t~'·~~~~--a ~-------- SECONP READING · • ORDINANCI!t . WITII PENALTY ORDINANCII 110. 10071 ed copy of the.._..,./-.. l"f~.f/:J...,/,__ _______ _. Avalanche-Journal o'n the following dates :........_*"'~"---+-tr-;--+~"-+-r-~'--"=l.it------t"l~~;;·;;r, Morris Communication Corporation ORDINANCE NO. 1007l 11AN ORDINANCE AMENDING .·:X_• ONING ORDINANCE NO. 7084 liAND THE OFFICIAL MAP OF !,THE CITY OF LUBBOCK NIAK· !JNGTHE FOLLOWING ('CHANGES: ZONE CASE NO. 2814; 'eiii~~~;:;;::;;t±~=xDIY • \ f\..1) ji'A ZONING CHANGE FROM R·2 Subscribed and sworn to befo1e o.Lr ___ __....;::_v.;;,___...\,__ ____ :To M·• sPECIFic usE zoNING -~', FOR I.IGH_T MANUFACTURING, I' ON LOT$ 1-li, I!IL.QCK t2. COUN· p TRY Ct.U.I!l ADD.ITION, l,UB· FORM 58·1 0 JUN 2 6 1998 ('If' ~~~"'''' . ( LuBeC.."'·~:.:: r~;;v\s 1 BOCIC, TE!XASI PROVIDING A . PENALTY; PROVIDING A SAV· lNG$ CLAUSE AND PROVIDING i FOR PUBLICATION. ORDINANCE'N0.101!12 AN ORDINANCE AMENDING ·ZONING ORDINANCE N0.·7084 AND THE OFFICIAL MAP OF THE CITY OF L.UBBOCK MAK· ~NGTHEFOLLOWING .-------------------------------------·--.. ----------I' CHANGES: ZONE CASE N0.2815; ' A ZONING CHANGE FROM R·l \ DRDIHAHCI tfO. , .. ,. I ::;,ORDINANCE AMENDING lNG CHAPTER 16 MOTOR ¥HEHICLes AND TRAFFrc. OF E LUBBOCK CITY CODE AS AMENDED. BY ADDING A NEW ARTICLE VII, ENTITLED "RES I· GDENT PARKING ONL v PRO I RAM"; DEFINING TE • PROVIDING FOR THE E~~i: ; LISHMENTOF RESIDENT/ :ARKINGON\..YZONES WITHIN CERTAIN PORTION OF THE CITY AS A TEST PROGRAM TO ESTABLISH THE EFFECTIVE NESS OF SUCH A PROGRAM~ PROVIOINGAPPLICATION Ed GIBIUTYFEE,ANDOTHER Re( QUIREMENTS FOR A RE$1. DENT PARKING ONLY PERMIT. GUEST PASSES ANO TEMPO:/' RARY PASSES; PROVIDING FOR DISCONTINUANCE OF SUCH ZONES; CREATING CRIM- fNAL OFFENSES; PROVIDING , ,• FOR REVOCATION OF A RESt DENT PARKING ONLY PERM! • OR PASSES; PROVIDING AN T .ADMINISTRATIVE APPEAL!' PROCI!S$; PROVIDING FOR TOWING OF UNAUTHORIZED VEHICLES; PRO\IIDING A SAV INGS CLAUSE!; AlltDPROVIOING I FOR PUBLICATION. ~ R4«2 ' TIYR,I SPECIFIC· USE ZONING FOR GARDEN HOMI!S ON :t.t, ACRES OF LAND OUT OF SEC· TION 16. BLOCK E-J, LUBSCX:K. TEXAS; SUBJECT _TO CONDI· TIONS; PROVIDING A PENAL· . TY; PROVIDING A SAVINGS CLAUSE ANO PROVIDING FOR PUBUCATION. o.O.NANC!I;:NO• 10073 .AN ORDINANCE AMENDING ZONING OROIN/I.NCE NO. 7084 :AND THE OFFICIAL MAP OF 'THE CITY OF LUBBQCK MAK· INGTHEFOLLOWING CHANGES: ZONE CASE NO. 2816; A ZONING CHANGE FROM Il-l TO R·l SPECIFIC USE, C·S AND GO ZONING ON 78.3'15 ACRES OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; PRO. VI DING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA· TION. ' ORDINANCE MD. 10074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 70'84 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAIC· INGTHEFOLLOWING CHANG CASE NO, 2212· c~~~~ ~~~ ron. ONU7 ACRES LOCATI!O IN SECTION S. BLOCk E, LUt!IBOCK, TEX/I.S; PROV~ING A 1'\'ENAI.TY; PRO. I' VIOINGo/1. SAVtNGS CLAUSE AND PROVtOING FOR PUBLICA- TION.