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G-07-02-08-10A1 - 2/8/2007ORDINANCE NO. CT ' D 7- Q, l 0h I AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1800, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY PROVIDING FOR A RESIDENTIAL PARKING DISTRICT ADJACENT TO OLD TOWN ELEMENTARY SCHOOL; PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS OF SAID ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, a Texas home -rule municipality may adopt ordinances that are for the good government, peace, or order of the municipality; WHEREAS, a Texas home -rule municipality may adopt ordinances to protect the health, safety, and welfare of its citizens and the community; WHEREAS, commuters and persons with business at Old Town Elementary School often park their vehicles on residential streets in areas adjacent to Old Town Elementary School; WHEREAS, such parking of vehicles creates hazards to the health, safety, and welfare of the citizens of the adjacent residential areas, including, but not limited to hazardous traffic conditions, blocking access of emergency vehicles, air and noise pollution, and the inability of the citizens of the residential districts to obtain access to and adequate parking near their residences; and WHEREAS, this ordinance is intended to alleviate the problems created by such parking in the adjacent residential districts; Now, Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: 0:\wdox\ORDINANC\070125A1.WPD/rmc I. That Chapter 9, Section 9.1800 of the Code of Ordinances, City of Round Rock, Texas, is hereby amended by adding a new subsection 9.1819 to read as follows: 9.1819 PLANTATION COVE RESIDENTIAL PARKING DISTRICT (1) Definitions The following terms, as used in this Section, have the following defmitions: (a) "Director of Planning" shall mean the Director of Planning of the City of Round Rock, Texas, or his designee. "Plantation Cove Residential Parking District" shall mean the area comprised of Plantation Cove and all residential lots abutting or immediately adjacent to Plantation Cove. (b) (c) "Motor vehicle" shall mean every vehicle which is self-propelled. (2) Offenses (a) No person shall park any motor vehicle on any public street in the Plantation Cove Residential Parking District between the hours of 7:00 a.m. and 4:00 p.m. on weekdays, Monday through Friday, without displaying a valid Residential Parking District permit or a valid Temporary Visitor's permit. An individual commits an offense if he displays a permit issued pursuant to this Section on a motor vehicle other than the motor vehicle for which the permit was issued. (b) (c) A person commits an offense if he falsely represents himself as being eligible for a Residential Parking District permit or a Temporary Visitor' permit, submits false documents, or otherwise makes a false statement of material fact on an application for a permit. (3) Penalties (a) Any vehicle parked in a Residential Parking District, during times when parking is restricted and without displaying a valid permit issued under this Section, may be issued a citation or be subject to immediate towing and impoundment. A person who commits any other violation against the provisions of this Section is subject to the penalties provided for in Section 1.600 of the Code of Ordinances, City of Round Rock, Texas. (b) (4) Defenses The terms of this Section shall not apply in the following instances: (a) Motor vehicles that are parked in a driveway, parking lot, or other authorized and appropriate area designed for parking motor vehicles. (b) The Residential Parking District shall not be effective on weekdays that Old Town Elementary School is not in session. (c) Motor vehicles that are stopped temporarily while the operator or a passenger is making deliveries to a location within the Residential Parking District; 2 (d) Motor vehicles that are used in transporting individuals, equipment, and goods necessary for making improvements and repairs, providing labor, and performing other services at a location within the Residential Parking District; (e) Motor vehicles that are stopped temporarily for loading or unloading passengers or goods; or (0 Motor vehicles that are stopped temporarily for necessary emergency repairs. (5) Residential Parking District Permits (a) All residents of a designated Residential Parking District who register with the Director of the Department of Planning, or his designee, shall be issued, free of charge, one (1) permit for each motor vehicle owned and kept by the resident at the premises located within the Residential Parking District. The Residential Parking permits must be placed in the lower, left-hand corner of the rear window of the motor vehicle. (b) Each permit issued to a resident will be assigned to a specific vehicle, and will only be valid for the particular vehicle to which it is assigned. No permit may be transferred to any other individual or used for a different vehicle other than the one to which the permit is assigned. (c) All residents applying for a permit or permits must use the application developed by the Director of Planning. (d) The director shall, upon receiving a completed application, issue a Residential Parking District permit to any individual that is eligible for the permit. An individual is eligible to obtain a permit if: (i) the individual owns a motor vehicle; (ii) resides within the Residential Parking District; and (iii) has no outstanding parking citations issued by the City. (e) The individual's application for a permit must contain the following information: (i) the name, address, and Texas Driver's License number of the owner of the motor vehicle to be parked in the Residential Parking District; (ii) the make, model, registration, and license plate number of the motor vehicle to be parked in the Residential Parking District; and (iii) any other information the Director of Planning determines to be necessary to the enforcement and administration of the terms of this Section. (t) The applicant for a permit must submit the following information at the time application is made for a Residential Parking District permit: (i) a valid Texas motor vehicle registration for the motor vehicle which is the subject of the permit application; and (ii) a valid Texas driver's license of the applicant showing the applicant's current home address, or a residential utility bill acceptable to the Director of Planning showing the applicant's home address. 3 (6) Temporary Visitor Parking District Permits. (a) Two Temporary Visitor permits will automatically be issued, free of charge, for each residential lot situated within the Plantation Cove Residential Parking District. These permits will be valid on any date during the year. Additional Temporary Visitor permits shall be issued, free of charge, for persons visiting in the area, at the written request of any person living within the Plantation Cove Residential Parking District. These Temporary Visitor permits shall be valid only on the date(s) noted on the permit. (b) (7) Miscellaneous. (a) When a motor vehicle is parked in a Residential Parking District during times when parking is restricted, the permit must be conspicuously displayed on the lower, left-hand corner of the rear window of the motor vehicle. (b) A permit issued pursuant to this Section, and properly displayed, authorizes the permittee's vehicle to be parked in a Residential Parking District when otherwise prohibited by this Section. A permit does not authorize the permittee's motor vehicle to be parked in a manner or location that is prohibited or otherwise governed by regulations, ordinances, statutes, or laws other than provided for in this Section. (c) A permit is not transferable from one motor vehicle to another. (d) A lost or stolen permit may be replaced. The permittee must submit a signed affidavit stating that the permit was lost or stolen and not transferred to another vehicle, nor given or conveyed to another individual. H. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 4 6 ‘-t± READ and APPROVED on first reading this the day of 96/jr,JLitaftk},/- , 2007. READ, APPROVED and ADOPTED on second reading this the , 2007. Q th O - day o f ATTEST: WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 5 O O ��6 � FM 3 Alt HSC R Old Town Elementary A� NTAT��NG Parking District for Plantation Cove DATE: February 1, 2007 SUBJECT: City Council Meeting - February 8, 2007 ITEM: *10.A.1. Consider an ordinance establishing a Residential Parking District along Plantation Cove. (Second Reading) Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director Justification: This ordinance will reduce the parking on Plantation Cove by school personnel from Old Town Elementary School and parents dropping off and picking up children from the school. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Based on citizen complaints concerning non-resident parking on Plantation Cove before, during and after school hours, the City Manager met with residents from this area to discuss alternatives for resolving this problem. The most promising solution, that was acceptable to the residents, was the implementation of a residential parking district similar to the one established for Round Rock High School. Public Comment: N/A