City of Houston, Texas, Ordinance No

Transcription

1 City of Houston, Texas, Ordinance No AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, RELATING TO THE PARKING OF VEHICLES ON CERTAIN RESIDENTIAL PROPERTIES; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. * * * * * WHEREAS, the City Council Committee on Regulation, Development and Neighborhood Protection ( Committee ) has held one or more meetings to consider a prohibition against the parking of vehicles in the front yards of residences in the city; and WHEREAS, public response to the issue demonstrated a strong desire on the part of citizens in neighborhoods throughout the city for such regulations to inhibit such conduct; and WHEREAS, the Committee has recommended the adoption of restrictions on the parking of vehicles in the front yards of residences to address the following concerns of public interest, namely: 1. Damage to underground infrastructure, particularly water supply lines, resulting in loss of water, caused by the weight of vehicles parked over such infrastructure; 2. Seepage of oil, fuel, or other harmful chemicals or substances into the ground from the parked vehicles; and 3. Diminution of property values in neighborhoods where the parking of vehicles in front yards is prevalent; and WHEREAS, the Committee desires to enact restrictions to mitigate the negative effects set forth in the preceding recital in affected neighborhoods resulting from the conduct of those who park vehicles in their front yards in violation of such restrictions; and

2 WHEREAS, the Committee has voted to recommend passage of such restrictions to the full City Council to protect the public health, safety and welfare: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON, TEXAS: Section 1. That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. Section 2. That Chapter 28 of the Code of Ordinances, Houston, Texas, is hereby amended by adding a new Article X, to be entitled "Parking of Vehicles on Residential Properties," and to read as follows: ARTICLE X. PARKING OF VEHICLES ON RESIDENTIAL PROPERTY Sec Purpose. The purpose of this article is to regulate the parking of vehicles or equipment in the front yard areas of single-family or duplex residential properties to preserve the property values and esthetics of neighborhoods, prevent damage to underground utility facilities and to mitigate or lessen protect the environment effect of against contamination caused by the leakage of automobile or other fuels, petroleum products or other harmful chemicals from vehicles or equipment. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curb means a raised concrete edge or margin of a roadway as a limit to the roadway and a restraint upon and protection to the adjoining lot or any sidewalk located within the right-of-way behind the curb. Driveway means the area of a lot constructed, improved maintained or used for the primary purpose of vehicular access to a - 2 -

3 single-family or duplex residence from a public street or the parking of vehicles at such residence. Front yard means the area of an improved single-family or duplex lot, excluding driveways, circumscribed by the front and side property lines of the lot and an imaginary line coinciding with and parallel to the front building line of the residential structure extending to the side property lines. The front yard of a corner lot shall be determined by the street address of the residence. Impervious Improved surface means any area that does not readily absorb water and that, for purposes of this article, is not part of a driveway and that but has been paved for parking or storage of vehicles or equipment owned or operated by the occupants of a single-family or duplex residence in accordance with this article. An improved area may be covered paved with concrete, asphalt, pavers, shale, gravel, crushed rock or other material, constructed to a minimum thickness of not less than four inches so as to lessen or prevent the seepage of any fuel, oil, or other chemical substance contacting such surface from penetrating to the soil below the area. Park or store means the parking or storing of a vehicle or equipment for a period up to but not exceeding ten continuous days without removing such vehicle or equipment from the parking area for a period of at least eight continuous hours and shall not include the placement of any vehicle or equipment on blocks, jacks or stands. Vehicle or equipment shall include house trailers, mobile homes, motor vehicles, trucks, passenger motor vehicles, motor homes, camper cabins, motorcycles, trailers, and boats, provided the term shall not include 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 twenty feet. Sec Parking prohibited; exception. (a) Except as provided in subsection (b) of this section, it shall be an offense for any person to cause, suffer or permit the parking, standing or storing of a vehicle or equipment within the front yard of a single-family or duplex lot or upon that portion of a lot between the curb and the sidewalk or, if there is no sidewalk, an imaginary line parallel to and ten feet from the residence side of the curb

4 (b) Two or fewer vehicles or pieces of equipment may be parked or stored on an improved surface in the front yard of a single-family or duplex each residence covered by this article provided the surface of the parking area has been improved in accordance with this article is covered with an impervious surface. (c) No parking area in a front yard may contain an improved surface greater than three hundred fifty square feet. Sec Enforcement The provisions of this article may be enforced by any police law enforcement officer, parking enforcement officer, as defined in section 26-2 of this Code, or inspector of the neighborhood protection division of the police department. Section 3. That, if any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 4. That there exists a public emergency requiring that this Ordinance be passed finally on the date of its introduction as requested in writing by the Mayor; therefore, this Ordinance shall be passed finally on such date and shall take effect at 12:01 a.m. on the ninetieth day next following the date of its passage and approval by the Mayor

5 PASSED AND APPROVED this day of, Mayor of the City of Houston Prepared by Legal Dept. RDC:asw 06/15/2007 Senior Assistant City Attorney Requested by City Council Committee on Regulation, Development and Neighborhood Protection L.D. File No