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Ordinance 13-D-53 - Amending 86-19 ObstructionsORDINANCE NO. 13 -D -53 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BY ADDING SECTION 86 -18, NO OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz, Texas (the "City") has determined that obstructions in streets can be dangerous and that preventing such obstructions promotes public safety; and WHEREAS, the City Council desires to enact a provision in the City's Code of Ordinances to further enable the City's peace officers to enforce a restriction on obstructions being placed in the City's streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Section 86 -18, Obstructions in street, is hereby added to Chapter 86, Traffic and Motor Vehicles, Article 1, In General, and shall read as follows: "Sec. 86 -18. No obstructions in street. (a) Prohibition. No person shall place any unsafe obstruction upon any street. (b) Penalty. (1) The violation by a person of this subsection shall be a Class C misdemeanor, and, upon conviction, the violator shall be fined an amount not exceeding $200.00 per offense. (2) The purpose of this section is to promote safety and to discourage the placement of unsafe obstructions in streets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it currently exists or may be amended, whenever the circumstances warrant deferred dispositions." Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 17th day of December, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of January, 2014. CIT S Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50686467.3 - 2 -