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~ 0:2 lIJJu ~.~o _J~ w. ~ O~ h. g u.l!"U -10 --rJ I!,,~ "" ~ 90. >-(1) or;~ ;:5<<1 w:::!E ...0 cc::s o ~ O';i ~ ~B ORDINANCE NO. 2001--1..6 AN ORDINANCE OF THE CITY COUNCIl. OF THE CITY OF SAN MARCOS, TEXAS AMENDING ARTICLE 2 OF CHAPTER 74 OF THE CITY CODE TO ADD A NEW DIVISION 4 REGARDING OBSTRUCTIONS IN ALLEYS; PROVIDING FOR PENAL TIES; AND INCLUDING PROCEDURAL PROVISIONS. :s f;8 N ~~ _ W:e ~ O::c N ~~ \:;G CJ?-s tu i!=~.. ~ aa RECITALS: 1. The City Council has requested that Chapter 74 of the City Code be amended to include a prohibition against the placement of obstructions in alleys, and to establish procedures for the removal of obstructions from alleys. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Division 4 of Chapter 74, Article 2 of the City Code is added to read as follows: DIVISION 4. OBSTRUCTIONS IN ALLEYS Sec. 74.100. Definitions. In this division: Alley means a public right-of-way usually 20 feet wide or less intended to provide vehicular service access to the back or side of properties otherwise abutting a street. Obstruction means a fence, gate, wall, post, building, or other structure. Open alley means an alley that is paved or improved or improved for vehicle access, or shows signs of regular and continuous use for vehicle access. Unopened alley means an alley that is not paved or improved for vehicle access and does not show signs of regular and continuous use for vehicle access. Sec. 74.101. Prohibition against placement of obstructions in alleys. (a) It is unlawful for a person to construct, place, or maintain an obstruction in an alley. (b) There is a rebuttable presumption that a person maintains an obstruction if the person uses alley use. doc 1