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<br />1972 - 43
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<br />AMENDATORY ORDINANCE
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<br />AN ORDINANCE AMENDING THE CODE OF ORDINANCES
<br />OF THE CITY OF SAN MARCOS, TEXAS, BY DELETING
<br />THE PRESENT SUB-SECTION (a) OF SEC. 29-153 OF
<br />DIVISION 1 OF ARTICLE VII THEREOF AND SUBSTI-
<br />TUTING NEW SUB-SECTION UNDER THE SAME LETTER;
<br />BY ADDING A SUB-SECTION (c) TO SEC. 29-163 OF
<br />DIVISION 2 OF ARTICLE VII THEREOF; BY ADDING
<br />A SENTENCE TO SUB-SECTION (a) OF SEC. 29-166
<br />OF DIVISION 2 OF ARTICLE VII THEREOF; AND DE-
<br />CLARING AN EMERGENCY.
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<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS:
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<br />1.
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<br />That the present Sub-Section (a) of Sec. 29-153 of Division
<br />1 of Article VII of the Code of Ordinances of the City of San
<br />Marcos, Texas, be deleted and new sub-section, under the same
<br />letter, be substituted therefor, so that said sub-section shall
<br />henceforth read as follows:
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<br />(a) In any prosecution charging a violation of any ordinance
<br />governing the standing or parking of a vehicle on any street with-
<br />in the boundaries of the City of San Marcos, proof that the par-
<br />ticular vehicle described in the complaint was standing or parked
<br />in violation of any such ordinance, together with proof that the
<br />defendant named in the complaint was, at the time of such stand-
<br />ing or parking, the registered owner of such vehicle, shall con-
<br />stitute in evidence a prima facie presumption that such defendant
<br />was the person who caused, allowed, permitted or suffered such
<br />vehicle to stand or be parked at the point where, and for the time
<br />during which, such violation occurred. In the event such vehicle
<br />was, at the time of such standing or parking, registered in the
<br />name of, or owned by, a corporation, partnership, association,
<br />governmental body or any entity other than an individual, proof
<br />that the particular vehicle in question was parked or standing in
<br />violation of any such ordinance, together with proof that the corp-
<br />oration, partnership, association or governmental body named in
<br />the complaint was, at the time of such parking, the registered
<br />owner of such vehicle, shall constitute in evidence a prima facie
<br />presumption that such corporation, partnership, association or
<br />governmental body was the corporation, partnership, association
<br />or governmental body responsible for the parking or standing of
<br />such vehicle at the pdnt where, and for the time during which,
<br />such violation occurred. Nothing herein shall deprive a defen-
<br />dant of the right to introduce evidence to show that such vehicle
<br />was not parked by him or by it as charged in the complaint.
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<br />II.
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<br />That a sub-section, namely, Sub-section (c), be added to Sec.
<br />29-163 of Division 2 of Article VII of the Code of Ordinances of
<br />the City of San Marcos, Texas, such sub-section to read as follows:
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<br />(c) When any person, corporation, partnership, association,
<br />governmental body or entity is charged with having committed an
<br />offense under this Division (Division 2.), proof that a parking
<br />meter was located at the parking space in connection with which
<br />the offense was committed shall constitute in evidence a prima
<br />facie presumption that the parking meter was installed and the park-
<br />ing space laid out by the city council, and that its location and
<br />maximum parking time were designated by the city council.
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<br />III.
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<br />That a sentence be added to Sub-section (a) of Sec. 29-166 of
<br />Division 2 of Article VII -of the Code of Ordinances of the City
<br />of San Marcos, Texas, such sentence to be added at the end of the
<br />present Sub-section (a), to read as follows: The 'display of a
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