2006S62-Traffic
ORDINANCE NO.
06-5-62
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AMENDING CHAPTER 86, ARTICLE V OF THE
CODE OF ORDINANCES OF THE CITY, TRAFFIC AND MOTOR
VEHICLES, STOPPING, STANDING AND PARKING, TO ADD
SECTION 86-157, ENFORCEMENT OF UNAUTHORIZED USE OF
DESIGNATED DISABLED PARKING SPACES ON PRIVATE
PROPERTY, ESTABLISHING AN OFFENSE FOR THE
UNAUTHORIZED USE OF PARKING SPACES ON PRIVATE
PROPERTY THAT ARE DESIGNATED FOR PERSONS WITH
DISABILITIES; SEVERABILITY; REPEAL OF CONFLICTING
ORDINANCES; AND AN EFFECTIVE DATE
WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas (the
"City") seeks to promote the health, safety, and welfare ofthe citizens ofthe City; and
WHEREAS, pursuant to Texas Local Government Code Section 51.001, as amended, the
City has authority to adopt ordinances that are for the good government, peace, or order of the
municipality and that are necessary to carry out powers granted to the City; and
WHEREAS, pursuant to Texas Local Government Code Section 54.004, as amended, and
the City's Charter, the City may enforce ordinances necessary to protect health, welfare, safety,
and property and to preserve the good government, order, and security of the City and its
inhabitants; and
WHEREAS, pursuant to the Texas Constitution, Article Xl, Section 5, and Texas Local
Government Code Section 51.072, as amended, the City, as a home-rule municipality, has full
power oflocal self-government; and
WHEREAS, Texas Transportation Code Section 681.011, as amended, authorizes
municipalities to, among other things, provide that Texas Transportation Code Section 681.011
applies to a parking space or area for persons with disabilities on private property that is
designated in compliance with the identification requirements referred to in Texas Transportation
Code Section 681.009(b); and
WHEREAS, there is convincing documented evidence that motorists parking illegally in
parking spaces on private property that are designated for use by persons with disabilities is a
growing problem resulting in such spaces being illegally occupied by motorists without proper
authorization and, as a result, unavailable for use by persons with disabilities; and
WHEREAS, the City Council finds that an unauthorized motor vehicle that parks in a
space on private property that is designated for use by persons with disabilities is against public
policy;
20177569.2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION I
All of the recitals contained in the preamble hereof are hereby found to be true, and such recitals
are hereby approved and made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the City Council.
SECTION II
Chapter 86, Article V of the Code of Ordinances is hereby amended by the addition of Section
86-156, Enforcement of Designated Disabled Parking Space Violations on Private Property, as
follows:
"Sec. 86-156. Enforcement of Designated Disabled Parking Space Violations on Private
Property.
The City of Schertz, Texas provides that Texas Transportation Code Section 681.011
applies to a parking space or area for persons with disabilities on private property that is
designated in compliance with the identification requirements referred to in Texas Transportation
Code Section 681.009(b)."
SECTION III
Should any part, sentence, or phrase of this Ordinance be 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 severable.
SECTION IV
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this,
Ordinance are hereby repealed only to the extent of such conflict.
SECTION V
This Ordinance shall be and become effective immediately upon and after its passage and
publication as may be required by governing law.
SECTION VI
It is hereby officially found and determined that the meetings at which this Ordinance was
considered and adopted were open to the public and that public notice of the time, place, and
purpose of said meetings was given as required by the Open Meetings Act, Chapter 551 of the
Texas Government Code, as amended.
20177569.2
2
PASSED AND APPROVED on first reading this the 12th day of December, 2006.
PASSED, APPROVED, AND ADOPTED on second reading this the niIJ day of
December, 2006.
..)
ATTEST:
~.~
f/Y ~cre~
20177569.2
3
, (
An ordlri".. :,..'-"Cltr"
C9I(I!Clt.pl,~CIty. ClI S!ItMilU.
T........~IllfiIlll~.,
A~ l(lQj,~v~.'\.
(""..,qlJ~,"~
.~7~
.' . .. ~A~..$ll"
~. l"",,~., .".......
anoeren.t1arthell . ".' ., ~.,.'
un of PlIrkIna 'Space. on
='/of."'-: )~. .~
,_ II".
~$M44l,/.~M~ cfe'Q(ln-
fllOJlIlO.~.f; ~'\O.."
Before me, the undersigned authority, on this day personally appeared Helen 1. L':~illll),A"~
by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, c ~"'l~
general circulation in the City of San Antonio, in the State and County aforesaid, anc'j.' I.~$.!>.
Ordinance No. 06-5-62 here to attached has been published in every issue of sal. I.'" .;p!t~~
the following days, to wit: r~ ".... l.elh:,~ Qj
~.~,... ..' ....
"'"'~~
"'1<:" .u..-
....~4~._, -:0'"
ClIY~.i. :.
12/27
"""='O'~
Affidavit of Publisher
STATE OF TEXAS
,..1{\)
Al ~<:,
COUNTY OF BEXAR
City of Schertz
12/27/2006.
~) fl X~.
~6
o~..,...... I
~1Rl1r.1IOTq
Sworn to and subscribed before me this 27th day of of December, 2006.
/o/~rkj
~ /??de'~a~
-~~::~:-' -".- ~'"~.A ,,- ~,~.. , l
"..":t"~; """;'\ ),,v,'lTK,,-\ L ,,-t .leA.l
ii,'" J. ;',,\ ,.QUi",,' ,', " ~
~~;.~/'.~:/.:.~ '~';~ ' ijJ'~;':~ (j;' .~; q~, t.
'Ii ;.,'" ,~;! . - _.'''!.'~T', ~ fl. j "T .:,:{lU7 ~
c ,''''-' r
. -'~""'-""F",""",", .~-'r"""-." .r ,_.~ -"._'"