HomeMy WebLinkAboutPO 7404 DELETING THE CPA CODE OF ORDINANCES CHAPTER 106 AND REPLACING IT WITH SECT. 106-225 NO PARKING ON UNIMPROVED SURFACES P.O.7404
RPC 02/27/2026
ORDINANCE NO.
AN ORDINANCE DELETING THE CITY OF PORT ARTHUR, TEXAS, CODE OF
ORDINANCES CHAPTER 106. TRAFFIC, ARTICLE IV. STOPPING, STANDING,
PARKING, SECTION 106-255 PROHIBITED PARKING IN A RESIDENTIAL DISTRICT
AND REPLACING IT WITH SECTION 106-225 NO PARKING ON UNIMPROVED
SURFACES; PROVIDING FOR PENALTIES NOT TO EXCEED $500 PER DAY PER
VIOLATION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING
FOR PUBLICATION AND AN EFFECTIVE DATE. (REQUESTED BY COUNCILMEMBER
KINLAW)
WHEREAS,the City of Port Arthur,Texas(City)is a home-rule municipality acting under its charter adopted
by the electorate pursuant to Article XI,Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code;and
WHEREAS,Chapters 54 and 214 of the Texas Local Government Code allow a home-rule municipality:
(1) to establish and enforce ordinances necessary to protect health, life,and property and to preserve the
good government,order,and security of the municipality and its inhabitants;and
(2) to enforce and punish a violation of said ordinance.A fine or penalty for a violation may not exceed$500
per day per violation, except that a violation that governs fire safety, zoning, or public health and
sanitation may not exceed$2,000 per day per violation;and
WHEREAS, parking vehicles on unimproved surfaces of residential and commercial lots may damage
underground water and sewer infrastructure;and
WHEREAS, parking vehicles on unimproved surfaces harms residential and commercial neighborhoods;
and
WHEREAS,the City's current ordinance prohibits unimproved parking in residential districts.The City wants
to expand this to include all lots and tracts within the city's boundaries to protect its underground
infrastructure.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS:
SECTION 1. That the facts and opinions in the preamble are true and correct and are hereby
incorporated for all purposes.
SECTION 2. The governing body of the City hereby deletes Chapter 106. Traffic, Article IV. Stopping,
Standing, Parking, Section 106-255 Prohibited Parking in a Residential District as attached in Exhibit A,and
adopts and replaces it with Section 106-225 No Parking on Unimproved Surfaces, which is hereby
incorporated for all purposes into the City of Port Arthur,Texas, Code of Ordinances as attached in Exhibit
B.
Subject to Review and Approval of the Port Arthur City Council on 03/10/2026
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SECTION 3. Savings Clause.This Ordinance shall be cumulative of all other ordinances of the City and
shall not repeal any of the provisions of those ordinances except in those instances where the provisions of
those ordinances are in direct conflict with the provisions of this Ordinance. Provided, however, that the
repeal of such ordinances or part of such ordinances, and the amendments and changes made by this
Ordinance, shall not affect any right, property, or claim which was or is vested in the City, or any act done,
or right accruing or accrued,or established,or any suit,action or proceeding had or commenced before the
time when this Ordinance shall take effect; nor shall said repeals, amendments or changes affect any
offense committed,or any penalty or forfeiture incurred,or any suit or prosecution pending at the time when
this Ordinance shall take effect under any of the ordinances or sections thereof or repealed, amended or
changed; and to that extent and for that purpose the provisions of each ordinances or parts of such
ordinances shall be deemed to remain and continue in full force and effect.
SECTION 4. Severability Clause. That should any part, sentence, or phrase of this Ordinance is
determined to be unlawful,void, or unenforceable, the validity of the remaining portions of this Ordinance
shall not be adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of
the invalidity of any other part. All provisions of this Ordinance are declared to be severable.
SECTION 5. Effective Date. This Ordinance shall be published at least once within ten days after its
final passage in the official newspaper of the City and shall become effective immediately upon date of
publication.
Read,Adopted and Approved,this the 10th day of March 2026 AD,at a Regular Meeting of the City Council
of the City of Port Arthur,Texas by the following vote:AYES:
Mayor:
Councilmembers:
NOES:
Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO LEGAL FORM: APPROVED AS TO ADMINISTRATION:
Roxann Pais Cotroneo, City Attorney Ronald Burton, CPM,City Manager
Subject to Review and Approval of the Port Arthur City Council on 03/10/2026
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Exhibit A
f1
space for a dwelling unit.
street or alley.
{el} Notice provisions.
violation will serve as official documentation that a violation exists.Said notice must be hand
tc a probable cause affidavit stating the following:
f
Subject to Review and Approval of the Port Arthur City Council on 03/10/2026
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f1
Subject to Review and Approval of the Port Arthur City Council on 03/10/2026
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Exhibit B
SEC. 106-225. NO PARKING ON UNAPPROVED SURFACES
(a) Definitions. The following words. terms. and phrases, when used in this section. shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
(1) Front Yard means any portion of a lot or parcel of land which extends its full width and lies
between the edge of the public street and the front of the principle building or structure on
the lot or parcel.
(2) Improved Surface means an area, the surface of which is comprised of materials
constructed to a depth sufficient to distribute the weight of a vehicle or equipment over
such area to preclude deterioration and deflection of the area due to vehicle or equipment
load,adverse weather,or other conditions.Examples of materialsfrom which an improved
surface might be constructed include asphalt, concrete. brick, or another hard. dustless
material.
(3) Lot means contiguous land under common ownership. as shown on the most recently
approved ad valorem tax rolls of the city,that is used or developed as a unit for any uses
regardless of whether the land consists of a platted lot or a portion of a platted lot or a
combination thereof.
(4) Side yard means any portion of a lot or parcel of land which extends around the principle
building or structure to the perimeter of the tot that is not enclosed.
(5) Vehicle or equipment means and includes any house trailer. mobile home. motor vehicle,
truck. passenger motor vehicle,motor home.camper cabin.motorcycle,trailer,boat,farm
machinery or similar equipment or any truck with more than two axles or any trailer,mobile
home or motor home with a length exceeding 20 feet.
(b) Offense. It shall be an offense for any person to park or to cause, suffer. or permit the parking of a
vehicle or equipment on any surface that is not an improved surface within a front yard or side yard.
It is presumed that:
(1) the property owner where the vehicle or equipment is parked is the person who parked,
caused,suffered.or permitted the vehicle or equipment to be parked in violation of this section;
and
(2) the registered owner of the vehicle or equipment is the person who parked. caused. suffered
or permitted the vehicle or equipment to be parked in violation of this section.
(c) Criminal Penalty.The maximum fine for a violation of this section is$500 per day per violation.
(d) The culpable mental state required by Texas Penal Code Section 6.02 is specifically negated and
dispensed with. and a violation of this section is a strict liability offense.
Subject to Review and Approval of the Port Arthur City Council on 03/10/2026