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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~~,,,/~ ~vGp2f~
Date: January 8, 2009
Subject: P. O. No. 5969; Council Meeting January 13, 2009
Attached is P. O. No. 5969 amending Section 106-4 (of the Code
of Ordinances as it pertains to abandoned property on State
highways, right-of-ways or easements, providing penalties not to
exceed $500 per day and providing for publication.
MTS:gt
Attachment
cc: Chief of Police
P. O. No. 5969
01/08/09 gt
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 106-4 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO ABANDONED
PROPERTY ON STATE HIGHWAYS, RIGHT-OF-WAYS OR
EASEMENTS, PROVIDING PENALTIES NOT TO EXCEED
$500 PER DAY AND PROVIDING FOR PUBLICATION
WHEREAS, the Police Department has been meeting with the Texas
Department of Transportation ("TXDOT") concerning the towing of -,-
vehicles on their right-of-ways; and
WHEREAS, in order for the Police Department to be able to tow
vehicles on TXDOT right-of-ways, the Code of Ordinances has been
requested to be amended, which would allow the Police Department to
remove vehicles parked on.the State right-of-ways; and
WHEREAS, it is deemed in the best interest of the citizens to
amend Section 106-4 of the Code of Ordinances as follows:
"Sec 106-4. Abandoning property..
(a) Prohibited hours. It shall be unlawful for any property
of any description, including vehicles and animals, or any
obstruction, except that temporarily placed while repairing
streets, to be left standing, parked, ranked, erected or
lying on any paved public street, paved alley or other paved
public place within the city between the hours of 12:00
midnight and 5:00 a.m. of each day.
(b) Impounding. If any property of any description,
including vehicles marked for sale, or any obstruction, shall
be found existing, standing, parked, ranked, erected or lying
in or upon any part of any public paved street, paved alley,
or other paved public place, State highway right-of-way or
easement, within the City in violation of this section or any
other Ordinance of the City or in violation of Chapter 683 of
the Transportation Code, such property shall be a nuisance
per se and shall be removed by any police officer and taken.
to such place as designated by the Police Department and kept
there until application for its redemption shall be made by
its owner or authorized agent, who shall be entitled to
possession of such property upon the payment of wrecker or
removal fees, together with costs of removal and storage what
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~na•• ^'' ''^ ^a r` ^^ °~ day. Remedies shall be
cumulative and vehicles and property may be disposed of in a
manner required by law should they not be claimed • •'~~ ~~ =-tee
'~ as provided by Chapter 683 of the Transportation
Code or by applicable State law."
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That-the facts and opinions in the preamble
are true and correct.
Section 2. That Section 106-4 of the Code of Ordinances
is hereby amended as follows:
Sec 106-4. Abandoning property.
(a) Prohibited hours. It shall be unlawful for any property
of any description, including vehicles and animals, or any
obstruction, except that temporarily placed while repairing
streets, to be left standing, parked, ranked, erected or
lying on any paved public street, paved alley or other paved
public place within the city between the hours of 12:00
midnight and 5:00 a.m. of each. day.
(b) Impounding. If any property of any description,
including vehicles marked for sale, or any obstruction, shall
be found existing, standing, parked, ranked, erected or lying
in or upon any part of any public paved street, paved alley,
or other paved public place, State highway right-of-way or
easement, within the City in violation of this section or any
other Ordinance of the City or in violation of Chapter 683 of
the Transportation Code, such property shall be a nuisance
per se and .shall be removed by any police officer and taken
to such place as designated by the Police Department and kept
there until application for its redemption shall be made by
its owner or authorized agent, who shall be entitled to
possession of such property upon the payment of wrecker or
removal fees, together with costs of removal and storage.
Remedies shall be cumulative and vehicles and property may be
disposed of in a manner required by law should they not be
claimed as provided by Chapter 683 of the Transportation Code
or by applicable State law."
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Section 3. That this being an Ordinance amending an
Ordinance which imposes a penalty, fine, or forfeiture, its
caption and penalty shall be published at least one (1) time
within ten (10) days after final passage hereof in the official
newspaper of the City of-Port Arthur.
Section 4. That a violation of this Ordinance shall be a
fine not exceeding $500 per day, impounding of property, as -_-- -
provided by State law and payment of removal and storage costs.
Section 5. That this Ordinance shall become effective
immediately-after the date of publication.
Section 6. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
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APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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