HomeMy WebLinkAboutOrdinance - 2011-O0126 - Amending CH 36 Prohibit Display Or Sale Of Anything On ROW Or Sidewalk Area - 12/01/2011First Reading
December 1, 2011
Item No. 5.19
ORDINANCE NO. _2_0_11_-_00_1_2_6 _
Second Reading
December 14, 2011
Item No. 5.18
AN ORDINANCE AMENDING CHAPTER 36, "STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS", ARTICLE 36.01, "GENERAL PROVISIONS", SECTION
36.01.004, "DISPLAY OF MERCHANDISE" OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, TO PROHIBIT THE DISPLAY OR SALE OF
FOOD, GOODS, WARES, MERCHANDISE OR OTHER COMMODITY ON ANY
RIGHT-OF-WAY, STREET, STREET PARKING SPACE, SIDEWALK, SIDEWALK
AREA OR PARKWAY; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to amend the Code
of Ordinances to amend Section 36.01.004 to prohibit the display or sale of food, goods,
wares, merchandise or other commodity on a city right-of-way, street, or street parking
space in addition to a sidewalk, sidewalk area or parkway;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 36.01.004 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Section 36.01 .004 Display or Sale of merchandise
It shall be unlawful for any person to display or sell any food, goods,
wares, merchandise or other commodity upon any public right-of-way,
street, street parking space, sidewalk, sidewalk area or parkway in the
city without a street use license or other applicable permit under this
Code. Any person violating this provision shall be deemed guilty of
maintaining a nuisance.
SECTION 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable as provided by Section 1.01.004 of the Code of
Ordinances of the City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, section, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
the Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by th e City Council on Jirst rc.iding on ~-----D_e_c_em_b_e_r_l---=--,_20_1_1 __ _
Passed by the City Council on second reading on ____ ..:....D_e_ce_m---'b'-e_r_1_4-=---' _2_0_1_1 __
A TTEST:
A PP <.OVED AS TO CONTENT:
) .
'j;_ / 1-f~-
'f J--/ ,' r / lt.: t
Roger !?llis , Chief' of Police
A PPROV ED AS TO FORM:
/
Chad Weaver, Assistant City Attorney
v w : c cd ocs/S t reel Vend ors, (l rd
November 15. WI 1