Ordinance No. 31& 34ORDINANCE NO. -3L-& 34
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE
USE OF THE STREETS AND HIGHIAYS OF THE CI'T'Y OF BAYTORN,
TEXAS; CREATING AND DEFINING PARKI'dG DETER ZONES;
DEFINING AND PROVIDING FOR THE DESIGNATION OF INDIVI—
DUAL PARKING SPACES; -DEFINING AND PROVIDING FOR THE.
INSTALLATION OPERATION AND MAINTENANCE Or PARKING METERS)
.PRESCRIBING PARKING TIME; REWIRING DEPOSIT OF COINS
FOR 'IHE USE OF PARKING METERS AND PARKING METER
ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF
SUCH COINS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIBING
PENALTIES; AND PROVIDING THAT INVALIDITY OF PART SHALL
NOT AFFECT THE VALIDITY OF THE REMAINDER.
WHEREAS, because of traffic conditions that have existed in certain sections of
the City of Baytown, the free movement of traffic in those sections is, and has been,
impeded for a long period of time; and
WHEREAS, attempts to regulate the traffic and parking in the aforesaid area have
® not been as successful as is desirable; and
WHEREAS, because of the habit of numerous operators of motor vehicles of parking
for long periods of time in close proximity to other motor vehicles so parked on the
most congested parts of the City's busiest streets tends to further impede traffic and
in addition thereto constitutes a danger to the life, limb and property of motorists,
pedestrians and others; and
WHEREAS, it is the opinion of the Council of the City of Baytown that the best
method by which the above—mentioned conditions may be remedied is by the designation of
individual parking spaces in the said area, by providing for the use of mechanical
parkingtime indicators in conjunction therewith, by restricting parking in said area
to reasonable intervals of time and by compelling the operators of vehicles who
enjoy the use of the parking space so designated to pay a portion of the cost of
establishing and maintaining the same;
NOW THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF 3AYTO'-,VN:
Section 1: Definitions.
(a) The word 'vehicle" shall mean any devicelin, upon or by which any
person or property is or may be transported upon a highway, except a device which
is operated upon rails or tracks.
(b) The word Ttstreet" shall mean any public street, avenue, road, alley,
highway, lane, path, or other puolic place located in the City of :3aytown, and
established for the use of vehicles.
• (c) The word "person" shall mean and include any individual, firm, co—
partnership association or corporation.
(d) The word "operator" shall mean and include every individual who shall
operate a vehicle as the owner thereof, or as the agent, employee or permittee of the
owner, or is in -actual physical control of the vehicle.
(e) The word "park" or "parking'I shall mean the standing of a vehicle,
loading merchandise or in obedience to traffic regulations, signs or signals or an
involuntary stopping of the vehicle by reason of causes beyond the control of the
operator of the vehicle.
(f) The words "Parking Meter" shall mean and include any mechanical device
or meter not inconsistent with this ordinance placed -or erected for the regulation of
parking by authority of this ordinance. Each parking meter installed shall indicate
by proper legend the legal parking time established by the city and when operated shall
at all times indicate the balance of legal parking time, and at the expiration of such
period shall indicate illegal or overtime parking.
® (g) The words "Parking Meter Zone" shall mean and include any restricted
street upon which parking meters are installed ::and in operation.
(h) The words "Parking Meter Space" shall mean any space within a parking
meter zone, adjacent to a parking meter and which is duly designated for the parking
of a single vehicle by lines painted or otherwise durably marked on the curb or on the
surface of the street adjacent to or adjoining the parking meters.
Section 2: Parking Meter Zone. The following named and described areas, streets,
or portions of streets and such other areas, streets, or portions of streets as may here-
after be included in this section by amendment hereto, lying within the corporate limits
of the City of Baytown, Texas, shall constitute a Parking -Meter Zone, namely: West Main
Street from Pruett Street to Causeway Road, Kern Street, Morris Street, King Street, Edna
Y
Street, each for the distance of one block immediately off West Main; Bayless for the
distance of one block immediately off Main Street'in Northerly and Southerly directions;
Market Street from what is commonly known as the "Y" at Decker Drive to western end of
Wisconsin Street; Wisconsin Street from Market Street to Market Street; Minnesota
from Parket Street to Market Street; Main Street from Market Street to Cedar Street;
Main Street from Georgia Street to Market Street; Texas Avenue from First Street to the
Y at Decker Drive; Defee Street from First Street to Whiting Street; West pierce from
Commerce Street to Whiting Street; Commerce Street from Gulf Street to Sterling Street;
Ashbel Street from Gulf Street to Sterling Street; Gilliard Street from Gulf Street to
Sterling Street; Jones Street .from Gulf Street to Sterling Street; Main Street from
• Gulf Street to Sterling Street; Pruett Street from Gulf Street to Sterling Street.
Section 3: Designation of Parking Spaces: The Chief of Police is• hereby directed
and authorized to mark off individual parking spaces in the parking zones designated and
2.
whether occupied or
not, upon
a street otherwise than temporarily for
the purpose of,
and while actually
engaged in,
receiving or discharging passengers or
loading or un-
loading merchandise or in obedience to traffic regulations, signs or signals or an
involuntary stopping of the vehicle by reason of causes beyond the control of the
operator of the vehicle.
(f) The words "Parking Meter" shall mean and include any mechanical device
or meter not inconsistent with this ordinance placed -or erected for the regulation of
parking by authority of this ordinance. Each parking meter installed shall indicate
by proper legend the legal parking time established by the city and when operated shall
at all times indicate the balance of legal parking time, and at the expiration of such
period shall indicate illegal or overtime parking.
® (g) The words "Parking Meter Zone" shall mean and include any restricted
street upon which parking meters are installed ::and in operation.
(h) The words "Parking Meter Space" shall mean any space within a parking
meter zone, adjacent to a parking meter and which is duly designated for the parking
of a single vehicle by lines painted or otherwise durably marked on the curb or on the
surface of the street adjacent to or adjoining the parking meters.
Section 2: Parking Meter Zone. The following named and described areas, streets,
or portions of streets and such other areas, streets, or portions of streets as may here-
after be included in this section by amendment hereto, lying within the corporate limits
of the City of Baytown, Texas, shall constitute a Parking -Meter Zone, namely: West Main
Street from Pruett Street to Causeway Road, Kern Street, Morris Street, King Street, Edna
Y
Street, each for the distance of one block immediately off West Main; Bayless for the
distance of one block immediately off Main Street'in Northerly and Southerly directions;
Market Street from what is commonly known as the "Y" at Decker Drive to western end of
Wisconsin Street; Wisconsin Street from Market Street to Market Street; Minnesota
from Parket Street to Market Street; Main Street from Market Street to Cedar Street;
Main Street from Georgia Street to Market Street; Texas Avenue from First Street to the
Y at Decker Drive; Defee Street from First Street to Whiting Street; West pierce from
Commerce Street to Whiting Street; Commerce Street from Gulf Street to Sterling Street;
Ashbel Street from Gulf Street to Sterling Street; Gilliard Street from Gulf Street to
Sterling Street; Jones Street .from Gulf Street to Sterling Street; Main Street from
• Gulf Street to Sterling Street; Pruett Street from Gulf Street to Sterling Street.
Section 3: Designation of Parking Spaces: The Chief of Police is• hereby directed
and authorized to mark off individual parking spaces in the parking zones designated and
2.
described in Section 2 of this ordinance and in such other zones as may hereafter be
estaolished said parking spaces to be designated by lines painted or durably marked
is on the curbing or surface of the street. At each space so marked off it shall be
unlawful to park any vehicle in such a way that said vehicle shall not be entirely within
the limits of the space so designated.
Section 4: Contract for Purchase. The City is hereby vested with the authority
to enter into a contract for the purchase and installation of parking meters and to
provide payment therefor exclusively from the receipts obtained by the City from their
operation and that said means of payment shall be in addition to any other purchasing
powers heretofore granted to the City by the Charter, or by the laws of the state of
Texas.
Section 5: Installation of Parking Meters. Parking meters installed in the
parking meter zones established as provided in Section 2 hereof shall be placed
upon the curb immediately adjacent totheindividual parking spaces hereinafter des-
cribed. Each device shall be so set as to display a signal. -showing legal parking
upon the deposit of the appropriate coin or coins, lawful money of the United States of
America, for the period of time prescribed by the ordinance. Each device shall be so
arranged that upon the expiration of the lawful time limit it will indicate by a proper
visible signal that the lawful parking period has expired and in such cases the richt
of such vehicle to occupy such space shall cease and the operator, owner, possessor
or manager thereof shall be subject to the penalties hereinafter provided.
Section 6:= Operation of Parking Meters. Except in a period of emergency deter-
mined by an offiber of the Fire or Police Department, or in compliance with the dirt-
• ections of a police officer or traffic control sign or signal, when any vehicle shall
be parked in any parking space alongside or next to which a parking meter is located,
the operator of such vehicle shall, upon entering the said parking meter space,
immediately deposit or cause to b,e deposited in said meter such proper coin o£ the
United States as is required for such parking meter and as is designated by proper
directions on the meter, and when requireci by the directions on the meter, the operator
of such vehicle, after the deposit of the proper coin or coins, shall also set in operation
the timing mechanism on such meter in accordance with directions properly appearing thereon,
and failure to deposit such proper coin, and to set the timing mechanism in operation
when so required, shall constitute a violation of this ordinance. upon the deposit of
such coin (and the setting of the timing mechanism in operation when so required) the park-
ing space may oe lawfully occupied by such vehicle during the period of time which has
been prescribed for the part of the street in which said parking space is located, pro-
vided that any person placing a vehicle in a parking meter space adjacent to a meter which
indicates that unused time has been left in the meter by the previous occupant of the space
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shall not be required to*eposit a coin so long as his oc9pancy of said space does not ex-
ceed the indicated unused parking time. If said vehicle shall remain parked in any such
parking space beyond the parking time limit set for such parking space, and if the meter
shall indicate such illegal parking, then, and in that event, such vehicle shall be
considered as parking overtime and beyond the period of legal parking time, and such
parking shall be deemed a violation of this ordinance.
Section 7: Parking Time Limits.
(a) Parking or standing a vehicle in a designated space in a parking meter
zone shall be lawful for twelve (12) minutes upon deposit of a one -cent coin, sixty (60)
minutes upon the deposit of one (1) five -cent coin or one Hundred and twenty (120)
minutes upon the deposit of two (2) five -cent coins of the United States of America.
(b) Said parking meters shall be operated in said parking meter zones every
day between the hours of 8:00 o'clock A.M. and 6:00 otclock P.M. except Sundays and
holidays, provided however, within the meaning of this ordinance the.term "holiday"
® shall include the following: The first day of January, the 21st day of April, the
30th day of May, the lith of July, the first Monday in September, the 11th day of
November, the 25th day of December, and the day designated and set aside by the
President of the United States as a day of Thanksgiving.
Section 8: Violations. It shall be unlawful and a violation of the provisions
of this ordinance for any person:
(a) To cause, allow, permit or suffer any vehicle registered in the name
of or operated by such person to be parked overtime, or beyond the period of legal
parking time established for any parking meter zone as herein described, or to
deposit in any parking meter any coin for the purpose of parking beyond the maximum
legal parking time for the particular parking meter zone.
• (b) To permit any vehicle to remain or be placed in any parking space
adjacent to any parking meter while said meter is displaying a signal indicating that
the vehicle occupying such parking space has already been parked beyond the period
prescribed for such parking space.
(c) To park any vehicle across any line or marking of -a parking meter
space or in such position that the vehicle shall not be entirely within the area
designated by such lines or markings.
(d) To deface, injure, tamper with, open or wilfully break, destroy, or
impair the usefulness of any parking meter installed under the provisions of this
ordinance.
(e) To deposit or cause to be deposited in any parking meter any slugs, device
or metal substance, or other substitute for lawful coins.
Section 9: Duty of Police Officers. It shall be the duty of the police officers
of the City of Baytown, acting in accordance with the instructions issued by the City Manager
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to report;
0
(a) The number of each parking meter which indicated that the vehicle occupy-
irg the parking space adjacent to such parking meter is or has been parking in violation
® of any of the provisions of this ordinance.
(b) The state license number of such vehicle.
(c) The time during which such vehicle is parking in violation of any of the
provisions of this ordinance.
(d) Any other facts, a knowledge of which is necessary to a thorough under --
standing of the circumstances attending such violation.
Each such police officer shall also attach to such vehicle a notice to the owner or
operator thereof that such vehicle has been parked in violation of a provision of this
ordinance and instructing such Owner or operator to report to the Corporation Court of
the City of Baytown, Texas, in regard to such violation. Each such owner or operator may,
within 48 hours of the time when such notice was attached to such vehicle, pay to the
Judge or Clerk of the Corporation Court as a penalty for and in full satisfaction of
such violation the sum of Two ($2) Dollars. The failure of such owner or operator to
make such payment within said 48 hours shall render such owner or operator subject to -
the penalties hereinafter provided for violation of the provisions of this ordinance.
Section 10; Collections. It shall be the duty of the City Manager to designate
one or more employees of the City to make regular collections of the money deposited
in said meter's and it shall be the duty of such persons promptly to deliver such funds to the'
Director of Finance of the City.
Section 11; penalties. __
(a) Any person, firm, or corp oration who shall violate or fail to comply
with Subdivision (a) or Subdivision (b), or Subdivision (c) of Section 8 of this
ordinance shall be deemed guilty of an offense and shall be punished by a fine not to
exceed Twenty --five ($25) Dollars.
(b) Any person, firm, or corporation who shall violate or assist in violation
Of Subdivision (d) or Subdivision (e) of Section 8 of this ordinance shall be deemed
guilty of an offense and shall be punished by a fine not to exceed One Hundred ($100.00)
Dollars.
Section 12. Reservation of powers. Nothing in this ordinance shall be construed
as prohibiting the City of Baytown; from providing for bus stops, for taxicab stands
and other matters of similar nature, including the loading or unloading of trucks, vans,
or other commercial vehicles.
iSection 13; Repeal of Conflicting Ordinances. All ordinances and parts of or-
dinances inconsistent with the terms of this ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating and
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is
governing the subject'matter covered by this ordinance.
Section 14: Severability. If any section or provisions, or parts thereof in this
ordinance shall be adjudged invalid or unconstitutional, such invalidity or unconsti-
tutionality shall not affect the validity of the ordinance as a whole or of any other
section or provision or part thereof.
Section 15: Exercise of Police Power. This entire ordinance shall be deemed and
construed to be an exercise of the police power of the City of Baytown in the State of
Texas for the preservation and protection of public safety, and all of its provisions shall
be liberally construed with a view to the effectuation of such purpose.
Section 16; Effective Dates This ordinance shall take effect from and after ten
days from its passage by the City.Council. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be published in the official
newspaper of the City of )3aytovm at least twice prior to the effective date hereof.
INTRODUCED, REAR and PASSED by the affirmative vote of a majority of
the City Council of the City of Baytown on this the ;7Jllr day of December, 1948.
ATTEST:
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Edna Oliver, City Clerk
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