Loading...
04-116- O TOWN OF PROSPER,TEXAS ORDINANCE NO. 04-116 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS TO PROHIBIT THE PARKING OF A VEHICLE ALONG PRESTON ROAD (SH 289) BETWEEN PROSPER TRAIL (C.R. 48 AND C.R. 81) AND WEST BROADWAY STREET (F.M. 1193) LOCATED IN PROSPER, TEXAS AND ESTABLISHING AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") under the authority of §§542.202 and 545.302 of the Transportation Code, has investigated and determined that it is in the best interest of the Town of Prosper, Texas ("Prosper") to prohibit the parking of a vehicle along Preston Road (SH 289) between Prosper Trail (C.R. 48 and C.R. 81) and West Broadway Street(F.M. 1193) located in Prosper; and WHEREAS, the Town Council further finds that in accordance with §§542.202 and 545.302 of the Transportation Code, it is a reasonable exercise of its police power to prohibit the parking of a vehicle along Preston Road (SH 289) located in Prosper as set forth below; and WHEREAS, the Town Council further finds that parking along portions of Preston Road (SH 289) located in Prosper as set forth below, is dangerous to, and unduly interferes with, the free movement of traffic along Preston Road (SH 289) between Prosper Trail (C.R. 48 and C.R. 81) and West Broadway Street(F.M. 1193); and WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") under the authority of §§542.202 and 545.302 of the Transportation Code, has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper and promote the public health, safety and welfare to prohibit the parking of a vehicle along Preston Road (SH 289) between Prosper Trail (C.R. 48 and C.R. 81) and West Broadway Street(F.M. 1193) located in Prosper as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. For purposes of this Ordinance, the terms below shall have the following meanings: Parking or park means to stand, halt or locate an occupied or unoccupied vehicle, other than temporarily while actively loading or unloading passengers or property. Vehicle means a device that can be used to transport or draw persons and/or property on a highway or street, including but not limited to a car, truck, trailer, truck tractor or motorcycle. SECTION 3: NO PARKING ZONE AND OFFENSE ESTABLISHED. No parking of a vehicle shall occur along Preston Road (S.H. 289) between Prosper Trail (C.R. 48 and C.R. 81) and West Broadway Street(F.M. 1193). A person commits an offense by violating any provision of this Ordinance. SECTION 4: SIGNS. The Town Administrator, or his/her designee, shall be responsible for installing signs NO PARKING ORDINANCE—Page 1 of 2 C Dauee-n re ad nSe g; aonnings\My Documents\ORDINANCES&RESOLUTIONSORDINANCES\2004 Ordinances\04-116.No Parking and/or markings to properly notify the public of the location of the No Parking Zone, and/or the Town Administrator, or his/her designee, shall cooperate with and assist the Texas Department of Transportation installing signs and/or markings to notify the public of the location of the No Parking Zone. SECTION 5: ENFORCEMENT: The No Parking Zone provided herein shall in no way be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the No Parking Zone at the expense of the owner of such material or vehicle. The Town shall not be responsible or liable for any damage to any vehicle or personal property removed from the No Parking Zone pursuant to this Ordinance and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 6: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. �A1LASSED AND,,,APPROVED by the Town Council of the Town of Prosper, Texas, this 7/S 71 day of 2GY , 20091 ARLE ISWAN , ayor ATTESTED AND CORRECTLY REC DED: ANAE JENN S, Town SS/ir p"!eetarry Date(s)of Publication: 4342.5 7 c0* , The Dallas Morning News—Coffin County Edition NO PARKING ORDINANCE—Page 2 of 2 Dane n sr a d nSkttigplwas oJennings\My Documents\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-116.No Parking AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on: TOWN OF PROSPER, TEXAS ORDINANCE N0.04.116 December 25,2004 AN ORDINANCE OFCPROS December 27, 2004 PER, TEXAS TO PRO- HIBIT THE PARKING OF A VEHICLE ALONG PRESTON ROAD (SH 289) BETWEEN PROS- PER TRAIL (C.R. 48 AND C.R. 81) AND WEST BROADWAY STREET (F.M. 1193) LO- CATED IN PROSPER, TEXAS AND ESTAB- LISHING AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VI- OLATION OF THIS OR- ✓ �(�� DINRANCE; PROVIDING NGS REPEALING, (Lynda Black) TY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. Sworn to and subscribed before me this December 27, 2004, A.D {�� (Lisa Battenfi ) n. ✓ r Sri^• B,r • iF AP jb "'MV "."