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Editor's note-Former section 90-117 pertaining to "conflicting ordinances; violations as misdemeanor" and deriving from Ordinance 89-10-07, sec. 7, adopted 10/17/89, was deleted in its entirety by Ordinance 19-04-25 adopted 4/2/19.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bus.
As that term is defined by section 541.201(3) of the Texas Transportation Code, as amended.
Commercial vehicle.
Every truck-tractor, road tractor, semitrailer, bus, drivable construction equipment, truck or trailer or any other motor vehicle that transports passengers or property with a rated carrying capacity of two (2) tons or more according to the manufacturer's classification. The term commercial vehicle does not include vehicles carrying or designed to carry fewer than ten (10) passengers, motor homes, recreational vehicles or vehicles used exclusively to transport personal possessions or family members for nonbusiness purposes.
Motor vehicle.
As that term is defined by section 541.201(11) of the Texas Transportation Code, as amended.
Semi-trailer.
As that term is defined by section 541.201(17) of the Texas Transportation Code, as amended.
Trailer.
As that term is defined by section 541.201(20) of the Texas Transportation Code, as amended.
Truck.
As that term is defined by section 541.201(21) of the Texas Transportation Code, as amended, except that a "light truck" as that term is defined by section 541.201(7) of the Texas Transportation Code, as amended, is excluded from this definition.
Truck tractor.
As that term is defined by section 541.201(22) of the Texas Transportation Code, as amended.
(Ordinance 89-10-07, sec. 1, adopted 10/17/89; Ordinance 19-04-25 adopted 4/2/19; Ordinance 2020-07-39 adopted 7/7/20)
(a) 
It shall be unlawful for any owner or person in control of a truck, trailer, bus, semi-trailer or commercial vehicle to leave, park or stand, or to permit the leaving, parking or standing of, such truck, trailer, bus, semi-trailer or commercial vehicle, on any public street, highway, alley, parkway, boulevard, right-of-way or other property owned or controlled by any unit of government. It is an affirmative defense to an enforcement action under this section if a person leaves, parks or stands, or permits the leaving, parking or standing of, a truck, trailer, bus, semi-trailer or commercial vehicle in such locations under the following circumstances:
(1) 
Trucks, trailers, buses, semi-trailers or commercial vehicles owned or operated by or on behalf of a governmental entity, a public utility or any contractor or materialman thereof, while engaged in the repair, maintenance or construction of improvements to public streets, highways, alleys, parkways, boulevards or rights-of-way or utilities within the city;
(2) 
Trucks, trailers, buses, semi-trailers or commercial vehicles owned or operated by or on behalf of a governmental entity while engaging in or performing official, authorized government-related business;
(3) 
Passenger buses taking on or discharging passengers at an approved bus stop;
(4) 
A truck, trailer, bus, semi-trailer or commercial vehicle parked in a loading zone for the purpose of loading or unloading freight or merchandise to a lawfully zoned business;
(5) 
A truck, trailer, bus, semi-trailer or commercial vehicle parked for the purpose of delivering or picking up merchandise to or from a specific designated location or loading or unloading personal property to or from a specific designated location that shall not exceed three (3) hours in any case;
(6) 
A truck, trailer, bus, semi-trailer or commercial vehicle experiencing a mechanical defect making it unsafe or impossible to proceed, for such period of time as emergency repairs are made or, if repairs cannot be made within three (3) hours, until a tow truck arrives;
(7) 
A truck, trailer, bus, semi-trailer or commercial vehicle owned by a commercial establishment that is legally parked on the street, highway, alley, parkway, boulevard or right-of-way adjacent to where the establishment is located, and not in violation of any signage or other ordinance of the city governing stopping, standing and parking;
(8) 
A truck, trailer, bus, semi-trailer or commercial vehicle legally parked adjacent to a building construction site, not in violation of any signage or other ordinance of the city governing stopping, standing or parking, where the construction site has no room to accommodate the truck, trailer, bus, semi-trailer or commercial vehicle and only while the truck, trailer, bus, semi-trailer or commercial vehicle is actively engaged in construction activities. The determination of whether a construction site does not have sufficient room to accommodate the truck, trailer, bus, semi-trailer or commercial vehicle shall be made by the city manager or his or her designee;
(9) 
A truck, trailer, bus, semi-trailer or commercial vehicle parked on a street, highway, alley, parkway, boulevard or right-of-way in a manner and at a time specified by the city manager, or his or her designee, through the issuance of an approved right-of-way permit and/or traffic control plan; or
(10) 
A truck, trailer, bus, semi-trailer or commercial vehicle parked on a street, highway, alley, parkway, boulevard or right-of-way in a manner made lawful under this article or other law.
(b) 
It shall be unlawful for any owner or person in control of a truck, trailer, bus, semi-trailer or commercial vehicle to leave, park or stand, or to permit the leaving, parking or standing of such truck, trailer, bus, semi-trailer or commercial vehicle, on any vacant lot.
(c) 
The city manager, or his/her designee, may temporarily suspend the restrictions imposed by this section in order to accommodate special events held within the city. The city manager, or his/her designee, shall, based on the event taking place, determine how long prior to the start of the event the suspension will begin, as well as how long after the event is completed the suspension will end.
(d) 
It shall be unlawful for any person to park a truck, trailer, bus, semi-trailer or commercial vehicle in violation of this section. Any violation of any provision of this section, as it exists or may be amended, is a class C misdemeanor. An offense under this section carries a penalty in the form of a fine in an amount not exceeding five hundred dollars ($500.00). A violation of any provision of this section shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(e) 
In addition to any penalty or other remedy found in this section, any truck, trailer, bus, semi-trailer or commercial vehicle that is left, parked or found standing in violation of this section may be removed by or on an order of a city law enforcement officer or the city manager or his or her designee provided that the owner or driver of the truck, trailer, bus, semi-trailer or commercial vehicle has been given at least one previous notice or citation for parking such truck, trailer, bus, semi-trailer or commercial vehicle in violation of this section. The owner of such truck, trailer, bus, semi-trailer or commercial vehicle shall be responsible for the payment of any fees incurred for the towing and/or storage of said truck, trailer, bus, semi-trailer or commercial vehicle.
(Ordinance 89-10-07, sec. 3, adopted 10/17/89; Ordinance 19-04-25 adopted 4/2/19; Ordinance 2020-07-39 adopted 7/7/20)
The city manager shall be responsible for enforcing the provisions of this division.
(Ordinance 89-10-07, sec. 4, adopted 10/17/89)
All federal, state, municipal and public utility companies which hold a properly executed franchise granted by the city are hereby exempted from this division.
(Ordinance 89-10-07, sec. 5, adopted 10/17/89)
The city manager or such other person designated by the city manager shall erect appropriate signs to designate "no through truck zones" or such language on the signs as the city manager or his designee may deem appropriate.
(Ordinance 89-10-07, sec. 6, adopted 10/17/89)