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Home My WebLink AboutPO 7450 Amending The City Of Port Arthur, Texas, Code Of Ordinances, Ordinance No. 26-13, Chapter 106, Section 106-225 No Parking On Unapproved Surfaces P.O.7450 RPC 09/02/2026 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF PORT ARTHUR, TEXAS, CODE OF ORDINANCES, ORDINANCE NO. 26-13, CHAPTER 106, SECTION 106-225 NO PARKING ON UNAPPROVED SURFACES TO PROVIDE FOR AN AFFIRMATIVE DEFENSE AND CERTAIN PARKING EXEMPTIONS; 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 GETWOOD) 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, on March 10, 2026, the City Council approved Ordinance No. 26-13, which deleted Section 106-255. Prohibited Parking in a Residential District, and replaced it with Section 106-225 No Parking on Unapproved Surfaces;and WHEREAS, the governing body adopted Ordinance No. 26-13 to address these primary health, life and property impacts: (1) Environmental Protection: Soil and grass are highly penetrable. Parking on them allows leaking motor fluids (oil, antifreeze, brake fluid) to seep directly into the ground, causing environmental contamination and threatening underground water systems. (2) Infrastructure Integrity:Heavy vehicles parked repeatedly on raw ground can shift earth and crush underlying water,sewer,or utility infrastructure. (3) Neighborhood Aesthetics: Parking in yards creates deep mud ruts, kills vegetation, and contributes to neighborhood blight,which lowers adjacent property values. WHEREAS, after the passage of Ordinance No. 26-13, the City Council received numerous comments regarding the need to allow parking on unapproved surfaces under certain exemptions;and WHEREAS,the City Council seeks to amend Ordinance No.26-13 to provide for an affirmative defense and certain parking exemptions. 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. DRAFT SUBJECT TO CITY COUNCIL REVIEW P.O.7450 RPC 09/02/2026 SECTION 2. The governing body of the City hereby amends Ordinance No.26-13,also known as Section 106-225,No Parking on Unapproved Surfaces in the City of Port Arthur Code of Ordinances,which is hereby incorporated for all purposes as Exhibit A. 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 8`h day of September 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: Christe Whitley Ned,City Secretary APPROVED AS TO LEGAL FORM: APPROVED AS TO ADMINISTRATION: DRAFT SUBJECT TO CITY COUNCIL REVIEW P.O.7450 RPC 09/02/2026 Roxann Pais Cotroneo,City Attorney Ronald Burton, CPM,City Manager Exhibit A 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 materials from which an improved surface might be constructed include asphalt, concrete, brick, material approved by the City prior to March 10.2026,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 lot 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) Affirmative Defense. It is an affirmative defense to prosecution for parking vehicles on an unapproved surface if an existing residential tract has no improved driveway prior to March 10. 2026.However,at such time that such existing residence is completely rebuilt.or improvements to DRAFT SUBJECT TO CITY COUNCIL REVIEW P.O.7450 RPC 09/02/2026 the same real property constitute 50 percent or more of the property's total assessed value as listed in the Jefferson County Appraiser District records,compliance with this ordinance shall be required. (d) Parking Exe tions. U 1 Emergency vehicles operating in response to an emergency call or incident. City or other governmental entity vehicles while in the performance of official public business or activities. (3) A property owner may apply for a parking exemption. The application shall be filed and submitted to the Director of Development Services or her designee for review, consideration, and final determination of a parking exemption to allow for parking on an unapproved surface. (e) Criminal Penalty.The maximum fine for a violation of this section is$500 per day per violation. (f) 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. DRAFT SUBJECT TO CITY COUNCIL REVIEW