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ORDINANCE NO. 21-3715 -
AN ORDINANCE AMENDING. THE CITY OF PLAINVIEW, TEXAS CODE
OF ORDINANCES ARTICLE 12.12, "STOPPING, STANDING AND
PARKING", B.Y AMENDING SECTION 12A2.004, "PARKING;
STOPPING OR STANDING PROHIBITED IN SPECIFIED- PLACES" AS
IT RELATES TO PARKING VEHICLES, TRAILERS IN CERTAIN
RIGHTS -OF -WAY;- ADDING A DIVISION 4 ENTITLED "PARKING. ON
UNPAVED SURFACES" DECLARING IT A NUISANCE AND
DECLARING IT UNLAWFUL TO PARK A VEHICLE: ON- CERTAIN
UNPAVED OR UNIMPROVED. SURFACES; PROVIDING FOR A
PENALTY NOT TO EXCEED $500.00 FOR EACH OFFENSE;
PROVIDING .AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALER. AND PROVIDING FOR PUBLICATION.
WHEREAS,. the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution.. as a home: rule.:city, has the authority to set forth .ordinances
and regulations and exercise its police powers for the public health, safety, morals, or
general welfare of the citizens of' the. City of Plainview - and
WHEREAS, the City -Council has determined that -the parking of trailers on alleys,
rights -of -ways. streets, highways or .public easements :in residential. zones/districts. within
the municipality creates an unnecessary safety hazard and is detrimental to the welfare
of. the residence, the neighborhood and the City; and
WHEREAS;. the City Council has determined that the off-street parking of vehicles
or trailers on unimproved or: unpaved surfaces in residential zones and other designated
areas within the municipality is detrimental to the welfare of the residence, the
neighborhood and the City; and
WHEREAS, the unrestricted parking on unimproved or unpaved surfaces in
residential zones and other designated areas within. the municipality creates a nuisance
and the City of Plainview desires to adopt procedures for the abatement.of said nuisance;
and.
WHEREAS,: the City Council of the City of Plainview, finds the following
amendment to Code of Ordinances of the City of 'Plaiiriview making it unlawful to park -a
vehicle on certain unimproved or unpaved surfaces is necessary, reasonable and
beneficial for the City of Plainview and for the public health, safety and general welfare: of;
the citizens of Plainview and a proper exercise of its police power;
NOW -THEREFORE, BE IT ORDAINED BY THE CITY OF PLAINVIEW, TEXAS,
THAT:
SECTION 1. The Code ,of Ordinances, City of. Plainview; Texas, Article 12:12, "Stopping,
Standing and Parking", is hereby amended by. amending Section 1.2.12.004, "Parking,
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stopping or standing ;prohibited in specified places" by adding the following to Section
12.12.004(a) to read as follows (for reference purposes, new additions to the Code of
Ordinances are underlined and italicized):
(4) In addition to the requirements of Section ..12.12.010 of the. Code of
Ordinances, stand or park a vehicle, whether occupied or not, in a
residential zone or district, except temporarily for the purpose of and
while actually engaged in the .loading or unloading of merchandise or
passengers, in or upon any alley, right-of-way or public easement that is
not a. street or highway..
(5) Stand or park -a trailer, whether. occupied or, not, in a residential zone or
district, except temporarily for the purpose of and while actually en -gaged
in the loading or unloading of merchandise or passengers, in or upon
any alley, right-of-way, street, highway .or public easement. For
purooses.'of this section,. trailer means any device with an.axle that is
designed or used to carry its load partially or wholly on its:own structure
and is drawn bV'a vehicle including any truck trailer, utility trailer, boat
trailer, farm equipment or machinery.
SECTION 2. The Code of Ordinances, City of Plainview, Texas, Article 12.12, "Stopping,
Standing and Parking", is hereby amended by adding a Division 4, entitl;ed, "Parking on
Unimproved/Unpaved Surfaces" to read as follows (for reference purposes, new additions
to the Code of Ordinances are: underlined and italicized):
Division-4.. Parking on Unimproved/Unpaved.Surfaces
Sec. 12.12.101' Definitions
For purposes of this division, unless otherwise defined below, the definitions
outlined in Section 12.01.00.1 of the Plainview. Code of Ordinances. shall apply to
this division. Words. that are not defined in either section. shall have the.meaning
that clearly appears from the context.
(1) Front Yard. The front yard is defined as that area between the street or
avenue .and the outermost proiection of the primary residence located
on- the lot- and used as the primary. formal entrance and/or exit to the
residence.
(2) Improved parking surface, paved surface, all-weather surface: means
(A) an area that is covered or paved with:
(i) an .all-weather surface such as. concrete, asphalt, brick,
paving stone or .such other material or similar material (not
sand)::compacted per the citVs Parking:.Design Standards;
and-
(B) that will remain in place, maintain a level surface and not -pond or rut
in inclement weather that provides effective drainage and protection
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against potholes, erosion, and dust. For purposes of this division,
loose gravel or caliche or similar material not properly compacted or
.sand will not.be considered an improved parkino surface.
(3) Operator: means a person. in actual physical control of the vehicle
(4) Owner. means.a person who has:. (A) legal title .to a -vehicle; (B) the
night to possess or control the vehicle; or-(C) owner of the property where
the vehicle is located.
(5) Park or Parking means to stand an. occupied or .unoccupied vehicle,
other than temporarily while loading or unloading property or.
passengers.-
(6) Rear -Yard: The rear yard is defined:as that area between, the alley and
the outermost proiection of the back side of the primary residence
located-- on the lot and is not the front yard. - -
(7) .Residential Zone or Residential District .Designated residential districts
as defined in the .Section 14.02.002 of the City of :Plainview Zoning
Ordinance.
(8) Side.. Yard. The..open, :unoccupied 'space between: a building and the
side lot line, the space extending from the front lot line to the rear lot line,
and on both sides of the building. Any lot line: not deemed a front or rear
line shall be -deemed a. side lot line.
(9) Trailer: means any device with an axle that is designed or used to carry
its load:partially or wholkon.its:own structure and is drawn by a vehicle
includina anv truck trailer. utility trailer. camper. trailer. boat trailer. farm
or
Sec. 12.12.102 Parking on Unpaved Surfaces Prohibited.
upon any lot'primarily used as a residence.
Sec. 12.12.103 Violation Presumed
... ....... .
The presence of any vehicle or trailer* upon any property, private or public, in
violation of this division shall be prima.facie evidence that the registered owner of
the vehicle, or person in control of such vehicle-. committed or. authorized such
violation.
Sec. 12.12.:1:04 Exceptions.
This section shall not prevent and does not apply to the leaving, parking or standing
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of a vehicle or trailer described above if -the vehicle or trailer.•
(1) Is a responding emergency vehicle;
(2) Is being used for street construction, maintenance or repair immediately
adjacent to such vehicle or trailer;
(3) Is .being utilized by .a. company engaged in maintainingg or extending
public.service utilities to. the property. where the vehicle is parked;
(4) Is parked out of necessity to avoid conflict with other traffic or in
compliance with the law or directions of a law enforcement officer or
traffic -control devices; or
(5) If no improved side or rear yard parking surface exists, a vehicle or trailer
may be placed in the .side or rear yard provided that the vehicle or trailer
is concealed from view.from. all points along.streets, alleys or other
rights-of=way by a solid, opaque fence or wall providing full screening
.from the ground .to. a minimum height of.s& (6) feet. Any fencing must
be in compliance with the City of Plainview Development Regulations
and all applicable ordinances and laws regarding related to fencing.
Sec. 12.12.105 Penalty.
Any person violating any provision of this Ordinance shall be guilty of a
misdemeanor punishable . in, accordance with: Section 1.01.009 of the Code.. of
Ordinances, City: of Plainview, Texas...... The law.onforcement officer,...codes
enforcement officer or any city employee or agent designated by the city manager,
shall be authorized to enforce the: provisions. contained in this.section.
Sec. 12.12.106 Legal Nonconforming Use
ved or
provisions of this article may continued and shall not be considered a' violation
subiect to the provisions outlined in this section.
(b) Damage to Nonconforming Use. No driveway which has been damaged by
any cause whatsoever to the extent of more than fifty (50) :percent of the total
surface area of the driveway shall be restored except in conformity with the
regulations of this.article and all rights as a nonconforming use are terminated. If
of such damage.
(c) Enlargement of Nonconforming Use. A nonconforming use cannot be enlarged'
or.ext6hded unless changed to a conformincZuse.
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SECTION 3. Penalty. A violation of any provision of this Ordinance shall be deemed a
misdemeanor: punishable in accordance with Section:1..01.009 of the Code of Ordinances,,
.City of Plainview, Texas.
SECTION 4. Effective Date. This ordinance shall take, effect immediately`from and after
its passage and publication as -may be required. by governing law.
SECTION 5. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview; Texas not in conflict herewith and not hereby amended shall remain in: full
force and effect.
SECTION 6. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person. or set of circumstances for any- reason is held to be
unconstitutional, void. or invalid or for any reason unenforceable, the validity of the
remaining portions of thin ordinance or the application thereby shall remain in effect, it
being the intent of the City Council of the City, of Plainview, Texas: in adopting :this.
ordinance, that no portion :thereof or provision contained: herein shall become :inoperative
or fail'by any reasons of unconstitutionality of.any other portion or provision.
SECTION 7. Publication. The City Secretary of the City of Plainview is, hereby
authorized and directed: to cause publication :of the descriptive: caption of this Ordinance
as an alternative method provided. by law.
Passed: and approved on first reading this 9fh day of March:, 2021.
Passed and approved on second reading this 23rdday- of March, 2021.
ATTEST:
Belinda.Hinojosa, City e retary
APPROVED AS TO:
Charles Sty rnes j Mayor
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APPROVED AS TO FORM:
Mat Wade, Oity Attorney
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