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.

Home Browse Search

Sec. 82.195. Violation; penalties. (a) A person is prohibited from booting, or causing to be booted, a vehicle in a parking facility except as provided in this division. (b) A person commits an offense if the person: (I) performs an act prohibited by this division; (2) fails to perform an act required by this division; or (3) violates a rule adopted under this division. (c) A violation of this division is a Class C misdemeanor punishable by a fine not to exceed$500.00 as provided in section 1.015(b)of the San Marcos City Code. (d) Proof of a culpable mental state is not required for the prosecution of a violation of this division. Sec 82.196. Exemptions. This division does not apply to the booting of a vehicle by: (I) a governmental entity; or (2) a person exercising a statutory or contractual lien right with regard to the vehicle. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word,phrase,clause,sentence,or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on December 12, 2018. PASSED,APPROVED AND ADOPTED on second reading on January 15, 2019.