HomeMy WebLinkAboutOrdinance - 2004-O0135 - Amending Chpt. 16; Parking On A Private Or Commercial Parking Lot After Closing - 11/18/2004First Reading
November 18. 2004
Item No. 14
ORDINANCE NO. 2004-00135
Second Reading
March 4, 2005
Item 16
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, REGULATING PARKING ON A PRIVATE OR
COMMERCIAL PARKING LOT AFTER CLOSING HOURS OF THE BUSINESS
ESTABLISHMENTS ADJACENT TO OR UTILIZING SAID PARKING LOT; PROVIDING
FOR CRIMINAL PENALTIES; 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 make the following amendments
to Chapter 16 of the Code of Ordinances with regard to parking on a private or commercial
parking lot after closing hours of the business establishments adjacent to said parking lot; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 16-234 is hereby added to the Code of Ordinances of the
City of Lubbock, Texas, to read as follows:
Sec. 16-234. Parking private or commercial parking lot after closing hours of the business
establishments adjacent to said parking lot.
No person shall stop, stand or park a motor vehicle on a private or
commercial parking lot after closing hours of the business establishments adjacent
to said parking lot when the prohibition against stopping, standing and/or parking
and the hours of such businesses are conspicuously posted at the entrance(s) to
said parking lot.
Exceptions:
(1) stopping, standing and/or parking for a purpose specifically associated with
the businesses located there including, but not limited to loading, unloading,
delivery, or security.
(2) demonstrable emergency purposes.
It shall be presumed that the registered owner of the vehicle is the operator of the vehicle,
and the registered owner shall bear responsibility of the violation unless and until proof is
offered that some other person was the actual operator of the vehicle.
This violation shall be classified as a "parking" violation for purposes of fines and court
costs assessment. The violation shall carry a maximum fine of $200.
The sign posted by a business owner shall:
(1) expressly prohibit stopping, standing and /or parking after business hours;
(2) state the business hours of the establishment(s) adjacent to the parking lot;
(3) reference the particular City of Lubbock ordinance establishing the violation: and
(4) shall be posted conspicuously at every paved, curb cut entrance to the parking lot.
Alleged lack of notice of the posting by entrance to the parking lot other than by a paved,
curb cut entrance, shall not constitute a defense to the violation established herein.
SECTION 2. 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 3. 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 the City Council on first reading this 18th day of November , 2004.
2005
Passed by the City Council on second reading this 4th day of _~Ma=r::.!:c~h~----'~_,......__.
ATTEST:
£~~~ Reh ca Garza, City Secretary
APPROVED AS TO FORM:
js/ccdocs/ After Hours Parking.ord
July 20, 2004