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Home My WebLink About21-3716 Ordinance41.9 1 ORDINANCE NO.21-3716 AN ORDINANCE AMENDING_ THE CITY OF PLAINVIEW, TEXAS CODE OF ORDINANCES ARTICLE 12.13, "PARKING LOTS AND PARKING .AREAS", BY ADDING A DIVISION 3 ENTITLED "VEHICLE SALES IN PARKING LOTS" REGULATING'THE SALE OF VEHICLES IN PARKING LOTS NOT CLASSIFIED AS OR PRIMARILY USED FOR AUTOMOBILE/VEHICLESALES; 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 off-street parking of vehicles for sale in non-residential zones where the property ].s not classified as an automobile dealership or the primary land use is. .not for automobile/vehicle sales within the municipality is detrimental to the harmonious; convenient; workable relationship among land uses and thus detrimental -to the City; and 'WHEREAS, the City Council of the City of Plainview, finds the. following amendment to Code of Ordinances of the City of Plainview regulating. and limiting the ability to park. andsale automobiles/vehicles on non-residential. property that is not. classified as an automobile dealership or the primary land use is notfor automobile/vehicle sales 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 12.13, "Parkin_g Lots and Parking Areas", is hereby amended by adding a Division. 3;. entitled "Vehicle Sales in Parking Lots" .to read as follows (for reference purposes, 'new additions to the Code -of Ordinances are underlined and italicized): Division 3. Vehicle Sales in Parking Lots this division. Words that arenot defined in either section shall have- the meaning Vehicle Sales _ Non -Residential: Districts Page 1 of 4 42.0 that clearly appears from the context. (1) Operator: means a person in actual physical control of the vehicle (2) Owner: depending on context, means a person (A) who is the registered: owner or has legal title to a vehicle; (B) has the right t to - possess, control and dispose of the .vehicle; or (C) owns or otherwise has control over the property. (3) Park or or passengers. (4) Non -Residential Zone/District: Those areas designated as non- residential districts: as defined in the:Section 14.02.002 of the City of Plainview Zoninq Ordinance. (5) sale: Any vehicle that is as evidenced by any sign, advertisement or ot) evidence provided by the owner of the vehicle. mbal or. non-ve Sec. 12.13.052.. Requirements for Selling .Vehicles in Parking Lots. (a) Non -Residential Zone%District. A. person may only park and offer for sale a vehicle on a parking lot that is not classified as an automobile dealership:or where the primary land. use is not: for automobile/vehicle sales if: (1) the owner:of:.the vehicle being.offered for sale has the permission. of the owner of the property where the vehicle is parked; (2) the vehicle for sale is not parked closer than forty feet NO to another vehicle :being offered for sale; (3) there are no more than three (3) other vehicles lawfullyparked at the same location that are:also being : offered for sale; (4) the location where the vehicle is parked is.lawfully parked and'does not nthP►wise block a n v oub/ic easement. pedestrian walkway or other right= (5) is not parked overnight on the parking lot and is removed daily no later than 9:00 p.m. Sec. 12.12.053 Violation Presumed. The presence of any vehicle for sale 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 such violation or authorized such violation. 1 Vehicle Sales - Non -Residential: Districts Page 2of4 421 Sec, 12.12,054' Exceptions. This section shall not prevent and does not apply to the leaving;. parking or standing -of a vehicle for sale that does not otherwise block any right-of-way or public easement if. (1) the vehicle is parked.wholly in the.driveway or on a permitted and improved parking surface of a residential lot with the permission of the residential lot owner and does not block any right -of --way or public .easement; (2) the vehicle Js owned by the.proyerty owner where the vehicle is parked and there are no more than: two (2) such vehicles, for sale parked on .the same property;: (3) the vehicle is parked on a non-residential lot that is classified as an automobile dealership or :where the orimary.land ' use is for automobile/vehicle: sales; (4) the parking of. the `vehicle. that. is: for sale is: merely.incidental.to: the owner of the vehicle patronizing the business or commercial establishment where the vehicle is- barked. or (5) the vehicle is parked adjacent to. or within two hundred feet (200') of the residence:of the vehicle:'s owner. Sec...12:12.055 Penalty . Any person violating any provision of this division 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 enforcement officer, codes: enforcement officer or enforce 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 ordinanceshall 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 foe any reason :is held to be :unconstitutional, void or invalid or for any reason unenforceable,. the validity -of the Vehicle Sales - Non -Residential: Districts Page 3 of 4 422 remaining portions of this. 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 acid directed to cause publication of the descriptive caption of this Ordinance as an alternative method, provided by law: Passed and :app.roved on first reading this 9th day of March, 2021. Passed and approved on second reading this 231d day of March, 2021. ATTEST: Belinda Hinojosa, City S retary APPROVED AS TO CONTENT: Jeffrey APPROVED ager O FORM: Matt Wade, City Attorney Page 4 of 4 1 1 1 Vehicle Sales _ Non -Residential: Districts