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ORDINANCE 2012 - 49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 82 OF THE SAN MARCOS CITY CODE TO RESTRICT THE PARKING OF VEHICLES WITHIN FOUR FEET OF RESIDENTIAL MAILBOXES BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M. MONDAY THROUGH SATURDAY; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 82 of the San Marcos City Code, Traffic and Vehicles, is hereby amended by adding a new section 82.165 that reads as follows (underlining indicates added text and strikethroughs indicate deleted text): Section 82.165. Reserved Parking in front of residential mail boxes. (a) It shall be unlawful for any person to park a vehicle on a public street from 8:00 a.m. to 5:00 p.m., Monda through Saturday within four feet of either side of a curbside single - family residential mailbox used for the delivery of mail by the United States Postal Service. The restrictions in this section shall not apply on federal holidays observed by the United States Postal Service or other days when mail is not delivered by the United States Postal Service. (b) Nothing in this section shall prohibit a person from temporarily parking a vehicle that remains attended for the purpose of loading or unloading passengers or cargo. (c) No citation may be issued for a violation of this section unless a written warning of a violation of this section has been issued for the same vehicle within the 12 month period preceding the date of the violation. SECTION 2. Section 82.159 is hereby amended adding the following as a Level One violation subject to a civil penalty of not more than $20.00: "Parking within four feet of a residential mailbox during prohibited hours." 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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 shall be effective upon its adoption on second reading and publication within ten days thereafter in a newspaper of general circulation within the city.