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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 -