ORDINANCE NO. 107

AN ORDINANCE OF THE TOWN OF ST. PAUL , COLLIN COUNTY , TEXAS , PROHIBITING THE OVER-NIGHT PARKING OF VEHICLES WITH ONE OR MORE AXLES AND/OR CONNECTING TRAILER WEIGHING MORE THAN SIX THOUSAND POUNDS ON ANY PUBLIC RIGHT-OF-WAY WITHIN THE CITY LIMITS OF THE TOWN OF ST. PAUL , PROVIDING FOR CONFLICTS, SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.

WHEREAS, the St. Paul Town Council finds that the over-night parking of motor vehicles with one or more axles and/or connecting trailer and weighing more than six thousand pounds within the dedicated right-of-way for streets and roads within the Town is not in the best interests of the citizens of St. Paul; and

   WHEREAS, the St. Paul Town Council finds that the adoption of this ordinance will promote the health, safety and general welfare of the citizens of the Town of St. Paul.

  NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ST. PAUL , COLLIN COUNTY , TEXAS :

 SECTION 1. PARKING PROHIBITION. No motor vehicle which has one (I) or more axles and/or connecting trailer and which weighs more that six thousand pounds (6,000 lbs.) shall be parked over-night on any publicly dedicated right-of-way for streets or roads within the municipal boundaries of the Town of St. Paul. It shall be a defense to an enforcement action brought by the Town pursuant to this ordinance, that the violation of this ordinance was unavoidable due to a mechanical failure of the vehicle. However, such defense shall only apply to the fIrst twenty-four (24) hours in which a mechanical failure is offered as a defense.

SECTION 2. CONFLICTS. All ordinances and provisions of the Town of St. Paul, Texas, that are in conflict with this Ordinance shall be and the same are hereby repealed, and all ordinances and provisions of ordinances of said Town not so repealed are hereby retained in full force and effect.

            SECTION 3. SEVERABILITY.   It is the intent of the Town Council that each paragraph, sentence, subdivision, clause, phrase, or section of this Ordinance be deemed severable and, should any such paragraph, sentence, subdivision, clause, phrase, or section be declared invalid or unconstitutional for any reason, such declaration of invalidity or unconstitutionality shall not be construed to affect the validity of those provisions of this Ordinance left standing.

                SECTION 4. PENALTY. Any person, firm, company, partnership, corporation, association or political subdivision who violates any of this ordinance shall be guilty of a misdemeanor and, upon conviction in the municipal court, shall be subject to a fine of not more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense and such violation is hereby declared to be a common nuisance which may be abated by the Town in any manner authorized by law, including injunction and an action for damages.

                SECTION 5. PUBLICATION AND EFFECTIVE DATE. In accordance with Section 52.011 of the Local Government Code, the caption of this Ordinance shall be published in every issue of the official newspaper of the Town for a period of ten (10) days but not more than twice during the said ten (10) day period. This ordinance shall be effective from and after its publication.

ADOPTED by the Town Council of the Town of St. Paul, Collin County, Texas, this the  10^th   day of     March   , 1997

                                                                                                APPROVED:

                                                                                               Joyce Pockrus, Mayor 

ATTEST:

 Marie Finley, Town Secretary

APPROVED AS TO FORM:

 John E. Rapier, Town Attorney