17 - Amending Traffic Code Section 31-89Item No. 17
TO: City Council
John Godwin, City Manager
FROM: Bob Hundley, Chief of Police
SUBJECT: TRAFFIC CODE SECTION 31-89
DATE: November 18, 2018
BACKGROUND: The Traffic Code Ordinance 31-89 prohibits continuously leaving a vehicle
parked or standing on a public street, alley or other public place in excess of twenty-four hours.
The ordinance continues to declare this parked vehicle as a public nuisance authorizing and
requiring the removal of the vehicle.
STATUS OF ISSUE: This ordinance was brought to council for discussion of making an
amendment or repeal. The requested amendment will change the length of time for the vehicle to
be parked on a public street from twenty-four hours continuous parking to seventy-two hours. The
declaration of a public nuisance and immediate removal of the vehicle has been removed from the
ordinance. Any alleged violation of this ordinance will be handled through the issuance of a
parking ticket.
BUDGET: There is no impact to the budget.
RECOMMENDATION: Amend the ordinance as presented.
Draft
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE CITY OF PARIS CODE OF ORDINANCES, CHAPTER 31,
"TRAFFIC CODE," ARTICLE IV, "STOPPING, STANDING AND PARKING,"
SECTION 31-89, "CONTINUOUS PARKING IN EXCESS OF TWENTY-FOUR
HOURS;" MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Paris currently prohibits continuous parking in excess of
twenty-four hours of any vehicle on a public street, alley or other public place; and
WHEREAS, the City further mandates that the police department impound any
vehicle found to be in violation of said parking restriction; and
WHEREAS, the City Council finds it in the best interest of the City and its residents
to extend the time during which a vehicle may be continuously parked on a public street,
alley or other public place from twenty-four to seventy-two hours and to further remove
the mandate that the police department impound vehicles found in violation of the
restriction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Chapter 31, "Traffic Code," Article IV, "Stopping, Standing and
Parking," Section 31-89, "Continuous parking in excess of twenty-four hours," of the Code
of Ordinances of the City of Paris shall be and is hereby amended to read as follows:
"Sec. 31-89 Continuous parking in excess of seventy-two hours.
"It shall be unlawful for any person to leave parked or standing, in any public
street, alley, or other public place, any vehicle for a longer continuous period of time
than seventy-two hours unless continuous parking over seventy-two hours is
otherwise permitted by the traffic control map, by the markings on the street, by
signs clearly visible, or by any combination thereof."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be
guilty of a Misdemeanor, and upon conviction, shall be subject to a fine not to exceed
$200.00, in accordance with provisions of Sec. 31-96 of Chapter 31 of the City of Paris Code
of Ordinances, and each and every day's continuance of any violation of the
above -enumerated sections shall constitute and be deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 10th day of December, 2018.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney