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2008-014-ORD-AMENDING SECTIONS 31-81 AND 31-82 OF ARTICLE IV, STOPPING, STANDING AND PARKING OF CHAPTER 31ORDINANCE NO. 2008 -014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 31 -81 AND 31 -82 OF ARTICLE IV, STOPPING, STANDING AND PARKING OF CHAPTER 31 OF THE CODE OF ORDIANNCES OF THE CITY OF PARIS, TEXAS; PROHIBITING THE PARKING OF TRUCK TRACTORS, ROAD TRACTORS, TRAILERS, SEMI - TRAILERS, BUSES MOTOR HOMES, RECREATIONAL VEHICLES OR ANY COMMERCIAL VEHICLES WITH A RATED CAPACITY IN EXCESS OF ONE AND ONE -HALF TONS OR MORE ON ANY PUBLIC STREET, ALLEY, OR RIGHT -OF -WAY WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AND ADDING A NEW SECTION 31 -83.1 ENTITLED PARKING IN RIGHTS - OF -WAY OR ON SIDEWALKS, PROHIBITING THE STOPPING, STANDING OR PARKING OF MOTOR VEHICLES, COMMERCIAL VEHICLES, RECREATIONAL VEHICLES OR TRAILERS ON PUBLIC SIDEWALKS OR OTHER PUBLIC RIGHT - OF -WAY, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas created a Code Enforcement Task Force made up of three (3) City Council members and fourteen (14) interested citizens from the City of Paris to review and study various issues affecting the cleanliness and appearance of the City of Paris; and WHEREAS, at regular meetings of the Code Enforcement Task Force on March 18, 2008, the Task Force reviewed, discussed, and developed proposed regulations addressing the parking of commercial vehicles and trailers and certain recreational vehicles on City streets in residential zoning districts and has recommended that these amended regulations be adopted by the City Council; and, WHEREAS, the City Council having reviewed the recommendations of the Task Force for amending and adding to Article IV, Chapter 31, of the City Code of Ordinances hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted. NOW, THEREFORE, BE IT ORDAINED 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 Section 31 -81, of Article IV Stopping, Standing and Parking, of Chapter 31 Traffic Code, of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows: "IV. STOPPING, STANDING AND PARKING "Sec. 31 -81. Parking restrictions in residential area. (a) It shall be unlawful for any person to leave, park or stand any truck tractor, road tractor, trailer, semitrailer, bus or any commercial motor vehicle with a rated capacity of one and one -half (1 1/2) tons or more according to the manufacturer's classification, or the equivalent thereof, upon any public street, alley, parkway, boulevard or public park within or adjacent to any area zoned as either a One- Family Dwelling District (SF -1, SF- 2 or SF -3), Two - Family Dwelling District (217) or Multiple - Family Dwelling District (MF -1 or MF -2) under the Zoning Ordinance of the City of Paris, Texas, as amended. This section shall not prevent the parking or standing of the above described vehicles in such zoned areas for the purpose of expeditiously loading and unloading of passengers, freight or merchandise; and provided this section shall not apply to trucks, rollers and other repair or maintenance equipment used for street construction, maintenance or repair in the public right -of -way; to equipment, trucks, trailers and vehicles used by public service utility companies engaged in repairing, maintaining or extending public service utilities; and to motor buses when taking on or discharging passengers at the customary bus stops. (b) It shall be unlawful for any person to leave, park, or stand any motor home, camper trailer, travel trailer, utility trailer, Fifth Wheel Trailer, horse or livestock trailer, All- Terrain Vehicle, utility vehicle, boat or boat trailer, or any other recreational type vehicle or trailer upon any public street, alley, parkway, boulevard, or public park located within any area zoned as either a One- Family Dwelling District (SF -1, SF -2 or SF -3), Two - Family Dwelling District (217) or Multiple - Family Dwelling District (MF -1 or MF -2) under the Zoning Ordinance of the City of Paris, Texas, as amended. This section shall not prevent the parking or standing of the above described vehicles or trailers in such zoned areas for the purpose of expeditiously loading and unloading of passengers, equipment or supplies. Sec. 31 -82. Prohibited for certain purposes. No person shall park a vehicle upon any street or right -of -way for the principal purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency. Sec. 31 -83.1. Parking in rights -of -way or on sidewalks. No person shall stop, stand, or park any motor vehicle, commercial or recreational vehicle or trailer of any nature whatsoever in such a manner that any portion of the vehicle or trailer rests within the unimproved public right -of -way adjacent to a roadway or on a public sidewalk or curb. This provision is not intended to prohibit the lawful parking of motor vehicles fully within the street. 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 S. 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 in accordance with provisions of Sec. 1 -6 of Chapter One 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 immediately upon its passage and publication as required by law. PASSED AND ADOPTED this 14th day of April, 2008. LAI J sse Jan s Freelen, Mayor ATTEST: nice Ellis, City Clerk APPROVED AS FORM: W. Kent Mcllyar,ity Attorney