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Ord 2018-056/amending Ch. 82 of the City of San Marcos Code of Ordinances to allow for the regulation of the private use of vehicle immobilization devices within the City of San Marcos.
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Ord 2018-056/amending Ch. 82 of the City of San Marcos Code of Ordinances to allow for the regulation of the private use of vehicle immobilization devices within the City of San Marcos.
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1/28/2019 9:50:37 AM
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City Clerk - Document
Ordinances
City Clerk - Type
Amending
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2018-56
Date
1/15/2019
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serving or adjacent to a business, church, school,home that charges <br /> a fee for parking, apartment complex, property governed by a <br /> property owners' association, or government-owned property leased <br /> to a private person, including: <br /> a. a portion of the right-of-way of a public roadway that is <br /> leased by a governmental entity to the parking facility <br /> owner; and <br /> b. the area between the facility's property line abutting a county <br /> or municipal public roadway and the center line of the <br /> roadway's drainage way or the curb of the roadway, <br /> whichever is farther from the facility's property line. <br /> Parking facility authorized agent means an employee or agent of a parking <br /> facility owner with the authority to: <br /> (1) authorize the removal of a vehicle from the parking facility on behalf <br /> of the parking facility owner; and <br /> (2) accept service on behalf of the parking facility owner of a notice of <br /> hearing requested under Subchapter J, Chapter 2308 of the Texas <br /> Occupations Code (Rights of Owners and Operators of Stored or <br /> Booted Vehicles), regarding whether probable cause existed to <br /> immobilize the vehicle. <br /> Parking facility owner means: <br /> (3) an individual, corporation, partnership, limited partnership, limited <br /> liability company, association, trust, or other legal entity owning or <br /> operating a parking facility; <br /> (4) a property owners' association having control under a dedicatory <br /> instrument, as that term is defined in Section 202.001, Property <br /> Code,over assigned or unassigned parking areas; or <br /> (5) a property owner having an exclusive right under a dedicatory <br /> instrument, as that term is defined in Section 202.001, Property <br /> Code,to use a parking space. <br /> Peace officer means a person who is a peace officer under Article 2.12, <br /> Code of Criminal Procedure. <br /> Police chief means the chief of the San Marcos Police Department, and <br /> includes representatives, agents, and department employees designated by the <br /> police chief. <br />
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