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<br />ORDINANCE NO. 2007 - 61 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, AMENDING <br />ARTICLE 4, STOPPING, STANDING PARKING, OF <br />CHAPTER 82, TRAFFIC AND VEHICLES, OF THE <br />SAN MARCOS CITY CODE, TO DECLARE THE <br />VIOLATION OF A PARKING OR STOPPING <br />ORDINANCE TO BE A CIVIL OFFENSE, PROVIDE <br />AN ADMINISTRATIVE HEARING PROCEDURE, <br />APPOINT HEARING OFFICERS, ADD <br />ENFORCEMENT PROCEDURES; AND INCLUDING <br />PROCEDURAL PROVISIONS. <br /> <br />RECITALS: <br /> <br />1. City of San Marcos wishes to declare the violation of a municipal <br />ordinance related to parking or stopping a vehicle to be a civil offense. <br /> <br />2. Pursuant to Chapter 682 of the Texas Transportation Code, the City of <br />San Marcos herein establishes by ordinance an administrative adjudication <br />hearing procedure under which a civil fine may be imposed. <br /> <br />3. The experience of the city staff, including police and parking <br />technicians, in enforcing the parking regulations has indicated the need for <br />procedural changes to the current regulatory scheme. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Section 82.155 of the San Marcos City Code is added to <br />read as follows: <br /> <br />Sec. 82.155. Parking violations made civil offenses; hearing <br /> <br />(a) A violation of a provision of this code governing stopping or <br />parking of a vehicle is designated as a civil offense. <br /> <br />(b) A violation of a provision of this code pertaining to interference <br />with enforcement, immobilization or impoundment is a criminal offense. <br /> <br />(c) A person charged with violating a stopping or parking ordinance <br />is entitled to an administrative adjudication hearing as provided in this <br />article. This hearing shall take place no later than ten business days <br />following the date upon which a citation is issued. <br />