HomeMy WebLinkAbout87-2695,1.89
ORDINANCE NO. 87-2695
AN ORDINANCE AMENDING CHAPTER 32, TRAFFIC,
PLAINVIEW CITY CODE PROHIBITING THE PARKING
OF TRACTOR-TRAILERS ON PUBLIC STREETS.
WHEREAS, the City Council of the City of Plainview, Texas finds
a need to establish a prohibition against the parking and "dropping"
of tractor-trailers on public streets; and
WHEREAS, the City Council further finds that it would be in the
best interest of and would promote the safety of the citizens of
Plainview by prohibiting the parking of tractor-trailer units on
public streets.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Plainview, Texas:
That Article 24, stopping, standing and parking, Chapter 32,
Traffic, City Code of Plainview by hereby amended as follows:
SECTION 1: Section 32-347 is hereby amended to read as follows:
(a) No person driving or in charge of a motor vehicle shall
permit it to stand unattended without first stopping the engine,
locking the ignition, removing the key from the ignition and
effectively setting the brakes thereon and, when standing upon any
grade, turning the front wheels to the curb or side of the road way.
(b) No person driving or in charge of a motor vehicle having a
trailer attached to said motor vehicle shall permit said trailer to
be detached and parked upon any public street.
SECTION 2:
Section 32-349 is hereby amended to read as follows:
(a) Any vehicle or trailer which shall be or remain standing
or parked upon any public street, avenue, way, alley or other public
place may be removed by or upon order of the Chief of Police, and
placed in storage in a privately operated garage or other place
designated or maintained by the City under the following
circumstances:
(1) When any vehicle or trailer is found upon a street,
avenue, alley, way or public place and a report has been previously
made that such vehicle has been stolen or complaint has been filed
and a warrant issued thereon charging that such vehicle has been
stolen or converted in violation of law.
(2) When any police officer of the City has reasonable grounds
to believe that any vehicle or trailer has been abandoned.
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(3) When a police officer arrests any person driving or in
control of a vehicle or trailer for an alleged offense then such
officer is or may be required by law to take the one arrested
immediately before a magistrate, or if the arrested one is
immediately taken before a magistrate, and when the 'arrested one is
the sole occupant or the owner of the vehicle and is immediately
placed in custody.
(4) When a vehicle or trailer is so disabled that its normal
operation is impossible or impractical and the persons in charge of
the vehicle or trailer are incapacitated by reason of physical
injury or other causes to such an extent as to be unable to ~rovide
for its removal or custody, or cannot be found or are not in the
immediate vicinity.
(5) When such vehicle or trailer is left unattended upon any
bridge, viaduct or causeway, or in a tunnel or tube and constitutes
an obstruction to traffic.
(6) When any such vehicle or trailer is illegally parked so as
to block the entrance to any private driveway and it is impractical
to move such vehicle or trailer from in front of the driveway to any
other point on the highway.
(7) When any vehicle or trailer constitutes a hazard or
interferes with the normal function of a governmental'agency, or by
reason of any catastrophe, emergency or unusual circumstance as
safety of the vehicle or trailer is imperiled.
(8) When any vehicle or trailer is left standing or parked
unattended for more than 48 hours in violation of any applicable
section of this code, state law or city ordinance, rules or
regulations; provided however, that the event such vehicle or
trailer is parked or standing immediately in front of or immediately
adjacent to the property owned by the owner of such vehicle or
trailer, or property rented by such owner, before such vehicle or
trailer shall be removed, the owner thereof shall be given written
notice after the expiration of 48 hours and it shall be given an
additional 24 hours to remove or cause to be removed such vehicle or
trailer. Such written notice may be given by depositing the same in
the United States Mail, addressed to the owner at the address given
on the registration receipt of the vehicle or trailer, or his last
known address.
(9) When any such trailer is found to be in violation of
Section 32-347.
(b) In order to obtain possession of a vehicle or trailer
stored under the provisions of this section, the claimant must
produce satisfactory evidence of ownership or right to possession
within 30 days from the date of such storage and, in addition
thereto must pay all charges for storage and removal of-such vehicle
in addition to any fine imposed under any other ordinance.
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(c) if a vehicle removed under this section is not claimed
within 30 days from the date of storage, the same may be sold by the
City or the garage where the same is stored for storage charges as
provided by law.
Section 3: Section 32-350 is hereby amended to read as follows:
The provisions of Section 32-349 shall not be construed to
relieve from or lessen the responsibility of any person who shall
leave his vehicle or trailer parked on the streets of the City in
such a manner that same may be impounded; nor shall the City be
held as assuming any such liability by reason of impounding or
causing to be impounded such vehicle or trailer.
PASSED AND APPROVED, on first reading this 24th day of
1987.
March ,
PASSED AND APPROVED on
April , 1987.
second and
final readingA this 14th day of
E.V. RIDLEHUBER, Mayor
ATTEST:
~HERY~ OWEN, City Secretary
DAVID BLACl{BT3RN, Assistant City Attorney