HomeMy WebLinkAboutORD 1991-057 r�,...,
ORDINANCE NO. 91-57
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
�" OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE
CODE OF ORDINANCES, CHAPTER 8 COURTS AND
CRIMINAL PROCEDURES, SECTION 8-9 RELATING TO
DISMISSAL OF CERTAIN CHARGES; BY ADDING A NEW
SECTION 8-11 RELATING TO ASSESSING AN
ADDITIONAL COURT COST OF NOT MORE THAN FIVE
DOLLARS ($5. 00) ON EACH PARKING VIOLATION TO
SUPPORT A SCHOOL CROSSING GUARD PROGRAM;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Chapter 8 of the Code of Ordinances of the
City of Grapevine, Texas (the "City") , relating to Courts and
Criminal Procedure is hereby amended in the following
particulars, and that all other chapters, sections, subsections,
�:-.� paragraphs, sentences, phrases and words are not amended, but are
hereby ratified, verified, approved and affirmed.
�"" A. That Chapter 8, Section 8-9 relating to the dismissal of
certain charges is hereby amended in its entirety to read as
follows:
"Sec. 8-9. Dismissal of certain charges. ',
The Municipal Court Judge may, at his discretion,
dismiss the charge of expired license plate (Article
6675a-3e, Section 7, V.T.C.S. ) provided that proof is
shown that any delinquency due has been paid to the
County Tax Collector/Assessor; driving without current
driver' s license (Article 6678b, Section 2, V.T.C.S. ) ,
and/or expired motor vehicle inspection certificate
(Article 6701d, Section 140 (g) , V.T.C.S. ) provided the
violation or defect (expired license plate; expired
driver's license; expired motor vehicle inspection cer-
tificate) is remedied within ten (10) working days from
the date of the alleged offense. The Municipal Court
Judge may assess an administrative fee not to exceed
ten dollars ($10.00) when the defect or violation has
been remedied in accordance with this section. "
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B. That Chapter 8 is hereby amended by adding a new
Section 8-11, relating to assessing court costs on parking
�, violations to support a school crossing guard program, to
read as follows:
�`� "Sec. 8-11. Additional Court Costs on Parking
Violations.
A defendant convicted of a parking violation under any
�""' ordinance, regulation, or order regulating the
stopping, standing, or parking of vehicles as allowed
by Subsection (a) , Section 27, Uniform Act Regulating
Traffic on Highways (Article 6701d, Vernon's Texas
Civil Statutes) , or Article 6701d-24, Revised Statutes,
shall pay, in addition to any other fee authorized or
required by State law, the sum not to exceed five
dollars ($5. 00) which court cost shall be collected in
the same manner that fines and other court costs are
collected. The money collected hereunder must be used
for the city's school crossing guard program if the
city operates such a program. If the city does not ,
operate a school crossing guard program, or if the �
money received hereunder exceeds the amount necessary
to fund the school crossing guard program, such
additional money shall either be deposited in an
interest bearing account or expended for programs
designed to enhance child safety, health, or nutrition,
including child abuse prevention and intervention and
drug and alcohol abuse prevention. "
,��� Section 2 . This ordinance shall be cumulative of all other
ordinances of the City of Grapevine, Texas, affecting municipal
courts and shall not repeal any of the provisions of said
�'' ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
Ordinance.
Section 3 . If any section, article, paragraph, sentence, '
clause, phrase or word in this ordinance, or application thereto
any person or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance;
and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and general
welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of the public
business, property, health, safety and general welfare of the
public which requires that this Ordinance shall become effective
September l, 1991, and it is accordingly so ordained.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
�, GRAPEVINE, TEXAS on this the 2pth day of August , 1991.
,�-� APPROV ED:
�
� ��
William D. Tate
Mayor
ATTEST:
Lin a Huff
City Secretary �
APPROVED AS TO FORM:
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�--�� �-'Z
John F. Boyle, Jr.
r�.��
City Attorney
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