HomeMy WebLinkAboutOrdinance - 2009-O0083 - Amending Ordinance Chapter 17 Sect 17-10; Court Costs Etc - 08/27/2009First Reading
August 27, 2009
Item No. 5.26
ORDINANCE NO. 2009-00083
Second Reading
September 10, 2009
Item No. 5.21
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY OF LUBBOCK CODE
OF ORDINANCES BY ADDING SECTION 17-10 THERETO, REQUIRING CRIMINAL
DEFENDANTS WHO ARE EITHER CONVICTED OR PLEAD NO CONTEST TO CERTAIN
PARKING VIOLATIONS TO PAY A FEE AS A COST OF COURT TO BE USED TO HELP
DEFRAY THE COST OF THE CITY'S SCHOOL CROSSING GUARD PROGRAM.
WHEREAS, V.A.T.C. Transportation Code § 542.202 authorizes the City of Lubbock,
Texas to regulate the stopping, standing, or parking of vehicles on highways under the City's
jurisdiction and in the reasonable exercise of its police power; and
WHEREAS, pursuant to that authority, the City Council of the City of Lubbock has
enacted various ordinances from time to time regulating the stopping, standing, or parking of
vehicles on such highways and codified such ordinances in Chapter 16 of the City's Code of
Ordinances; and
WHEREAS, V.A.T.C. Code of Criminal Procedure art. 102.014 authorizes the governing
body of the City to assess a court cost on each such parking violation not to exceed $5, provided
such funds are used for a school crossing guard program or as otherwise directed by this statute;
and
WHEREAS, the Police Department for the City of Lubbock has a school crossing guard
program and anticipates that $147,709 will be necessary to fund such program for the fiscal year
beginning October 1, 2009; and
WHEREAS, it is anticipated that assessing a court cost of $5 on parking violations on
highways within the City would fund more than one-half the cost of the school crossing guard
program for the upcoming fiscal year;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS:
SECTION 1. THAT Chapter 17 of the City of Lubbock Code of Ordinances BE and is
hereby amended by adding Section 17-10 thereto, which shall read as follows:
Sec. 17-10. Additional court costs.
(a) Any defendant convicted or who enters a plea of guilty or no contest to a
parking offense on a highway, street, or alley under this Code shall be required to pay a
fee of five dollars ($5.00) to the municipal court clerk as a cost of court in addition to any
other fines or court costs which may be imposed on such defendant.
(b) The five dollar ($5.00) fee for each case described in sub -section (a) of
this Section shall be collected in the same manner that other fines in such cases are
collected.
(c) All fees collected pursuant to sub -section (a) of this Section must be used
to defray the cost of any school crossing guard program operated by the City, or as
otherwise directed by State law.
SECTION 2. THAT if any provision, section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be unconstitutional, void or invalid, the validity of the
remaining portions of either such Ordinance shall not be affected thereby, it being the intent of
the City Council in adopting this Ordinance that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness,
or invalidity of any other portion hereof, and all provisions of both such Ordinances are declared
to be severable for that purpose.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 27th day of August , 2009.
Passed by City Council on second reading this 10th day of September , 2009.
OM MARTIN, MAYOR
ATTEST:
Reber Garza, City Secretary
APPROVED AS TO CONTENT:
Dale Holton, Chief of Police
f � f
HW:kw/ccdocs/Ordinance-Add'tl Court Costs.ord
August 10, 2009
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