Ordinance No. 131ORDINANCE NO. 131
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING TSI✓
USE OF TIE STREETS AND HIGHWAYS OF ThE CITY OF BAYTUNN,
TEXAS; CREATING AND DEI+INDIG PARKING IETER ZONES;
® DEF'ININ G AND PROVIDING FOR TIS, DESIGNATION OF INDIVI-
DUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE
INSTALLATION OPERATION AND A%INTENANCE OF PARKING METERS,
PRrSCRIBING PARKING TIME; REQUIRING DEPOSIT Or COINS
FOR THE USE OF PARKING PETERS AND PARKING METER ZONES ..
AND PROVIDING FOR THE'COLLECTION AND DISPOSITION OF
SUCH COINS; REPEALING CO!TLICTING ORDINANCES; PROVIDING
FOR THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRE-
SCRIBING PENALTIES; AND PROVIDING THAT INVALIDITY OF
PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER.
SEAS, 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
W1EREAS, attempts to regulate the traffic and parking in the aforesaid areas have
not been as successful as is desireable; and
• WdEREAS, because of the habit of nunerous'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
WMREAS, 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
parking time 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
establishin g and maintaining the same;
NOW TFFREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTO N:
Section 1: Definitions.
(a) The word "vehicle" shall mean any device in, 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 "street" shall mean any public street,.avenue, road, alley,
highway_, lane, path, or other public place located in the City of Baytown, 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
owne r, or in actual physical control of the vehicle.
(e) The word "park's or "parking" shall mean the standing of a vehicle,
whethe r 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 time s 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 whi ch 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 narking meter and which is duly designated for the parking
of a single vehicle by lines painted or otherwise durable 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
hereafter be included in this section by amendment hereto, lying wits•_iii 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 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 which is commonly known as the "Y" at Decker
Drive to western end of Wisconsin Street; Wisconsin Street from Market Street to
Mark e t Street; Minnesota from Market Street to Market Street; Main Street from Market
Stre et to Cedar Street; Test Main Street from Georgia Street to Market Street; Texas
Aven u e 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 Stree�j to
Sterling Street; Main Street from Gulf Street to Sterling Street; PIIuett 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
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described in Section 2 of this ordinance and in such other zones as may hereafter be
established said parking spaces to be designated by lines painted or durably marked
on the curbing or surface of the street. At each space so marked off' it shall be un-
lawful 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 ,,iith 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 here tofore 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 to the individual 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 right
of such vehicle to occupy such space shall cease and the operator, owner, possessor
or m anager thereof small be subject to the penalties hereinafter provided.
Section 6: Operation of Parking Meters. Except in a period of emergency deter-
mined by an officer of the Fire or Police Department, or in compliance with the dir-
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 be deposited in said meter such proper coin of the
Unit ed States as is required for such parking meter and as is designated by proper
directions on the meter, and when required by the directions on the meter, the operator
of such vehicle, after the deposit of the proper coin or coins, shall also set in oper-
ation when so required, shall constitute a violation of this ordinance. Upon the deposit
of suc h coin (and the setting of the timing mechanism in operation when so required) the
parking space may be 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 deposit a coin so long as his occupancy of said space does not
exceed the indicated unused parking time.. If said vehicle shall remain parked in any such
parkin g space beyond the parking -time limits t for such parking space, and if the meter
shall indicate such ille@1 parking, then, and in that event, such vehicle shall be
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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 be tween the hours of 8:00 o'clock A.M. and 6:00 o'clock 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
34th day of May, the 4th day of July, the first Monday in September, the 11th day of
Novemb er, the 25th day of December,'and the day designated and set aside by the
State of Texas as a day of Thanksgiving.
Section 8: Violations. It shall be unlawful and 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
park ing 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
desi gnated by such lines or markings.
( (d) To deface, injure, tamper with, open or willfully 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 Faytown,acting in accordance with the instructions issued by the City Itr.
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`to report:
(a) The number of each parking meter which indicated that the vehicle occupy-
ing th e 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 dime 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-
standi ng of the circumstances attending such violation.
Each Ouch 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 of 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 One ($l) Dollar. 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 meters 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 corporation who shall violate or fail to comply
v.d th 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 Two Hundred ($200.00)
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 oth er commercial vehicles.
Secti on 13: Repeal of Conflicting Ordinances. All ordinances and parts of or-
dinanc es 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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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 Tate: 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
offici al newspaper of the City of Baytown at least twice prior to the effective date
hereof.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Counci 1 of the City of Baytown on this the .JLtYday of December, 1951.
ATTEST :
S:
GO
® Edna Oliver, City Clerk
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ME
Ward, or