ARTICLE 18.03 PARKING, STOPPING AND STANDING

A person commits an offense if that person causes, permits, allows, or maintains a violation of this article, and it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred.

An offense under this article is a misdemeanor and punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code, for each offense. Each day any violation of this article shall continue shall constitute a separate offense. If a defendant pays on or before the appearance date noted in any citation for an offense under this article, then the fine shall be in the amount of $30.00.

No culpable mental state is required for an offense under this article.

Any person violating this article is subject to a suit for injunction as well as prosecution for criminal violations.

(e)

In any prosecution under this article, for the offenses stated herein, the complaint, if in other respects sufficient in form, shall, as to the portion thereof seeking to acknowledge the offense, be sufficient if it in substance alleges that the defendant committed the offense of illegal parking within the territorial limits of the city.

(f)

All traffic-control signs, signals, and other traffic-control devices purporting to govern the movement, operation, stopping, standing, parking, or location of vehicles shall be presumed to be valid, official, authorized, and properly situated, and in any proceeding brought to enforce the provisions of this article the burden shall be on the person contesting such presumption to rebut it with the presentation of competent and admissible evidence.

(2002 Code, sec. 12.104)

§ 18.03.003 Administration.

Whenever any police officer or any officer of any law enforcement agency finds a vehicle in violation of any provision of this article, such police officer or any officer of any law enforcement agency is hereby authorized to remove such vehicle or require the owner, operator, or other person in charge of the vehicle to remove the vehicle to a location in compliance with this article.

Whenever any police officer or any officer of any law enforcement agency finds a vehicle unattended in violation of any provision of this article, such police officer or any officer of any law enforcement agency is hereby authorized to provide for the removal of such vehicle in compliance with any existing statute, law, ordinance, rule, or regulation to the nearest garage or other place of safety.

Any police officer or any officer of any law enforcement agency is hereby authorized to remove a vehicle from a public street within the territorial limits of the city to the nearest garage or other place of safety under the following circumstances:

(1)

When any vehicle is left unattended upon any public street, roadway, highway, or right-of-way where such vehicle is obstructing traffic;

(2)

When any vehicle is left unattended in violation of any statute, law, ordinance, rule, or regulation;

(3)

When any vehicle is left unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic;

(4)

When any vehicle is unlawfully parked and blocking the entrance to a private drive or entrance;

(5)

When any vehicle has been reported stolen;

(6)

When any vehicle is identified as having been stolen in a warrant issued on the filing of a complaint;

(7)

When any vehicle is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours;

(8)

When any vehicle is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is:

(A)

Incapacitated and unable to provide for the vehicle’s removal or custody; or

(B)

Not in the immediate vicinity of the vehicle;

(9)

When any vehicle is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle does not designate a particular towing or storage company;

(10)

When any vehicle is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody;

(11)

When any vehicle is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of catastrophe, emergency, or unusual circumstance is imperiled;

(12)

When any vehicle is stood, stopped, or parked in violation of this article.

§ 18.03.004 Stopping, standing or parking prohibited on certain streets.

The owner of a vehicle that is removed or stored under this article is liable for all reasonable towing and storage fees incurred.

(e)

Whenever an unoccupied vehicle is in violation of this article or other applicable statute, law, ordinance, rule, or regulation, a police officer or officer of a law enforcement agency shall take its registration number or license plate number and may take any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a citation setting forth the applicable charge or violation on a form provided by the city or other appropriate form provided by a law enforcement agency, and directing the owner or operator to answer such charge or violation of this article within 12 days, during the hours and place specified in the citation.

(2002 Code, sec. 12.105)

The stopping, standing, or parking of a vehicle on the pavement, shoulder, right-of-way, or within five (5) feet of the right-of-way of either side of RM 2244 from the territorial limits of the city to the intersection of RM 2244 with State Highway 71.

The stopping, standing, or parking of a vehicle on the pavement, shoulder, right-of-way, or within five (5) feet of the right-of-way of either side of State Highway 71 from the easternmost territorial limits of the city to the westernmost territorial limits of the city.

The stopping, standing, or parking of a vehicle on the pavement, shoulder, right-of-way, or within five (5) feet of the right-of-way of either side of RM 620 from the territorial limits of the city to the intersection of RM 620 with State Highway 71.

The stopping, standing, or parking of a vehicle on the pavement, shoulder, right-of-way, or within five (5) feet of the right-of-way of either side of Bee Cave Parkway is prohibited.

(e)

The stopping, standing, or parking of a vehicle on the pavement, shoulder, right-of-way, or within five (5) feet of the right-of-way of either side of Ashley Worth Boulevard from the intersection of Bee Cave Road (FM 2244) to the edge of the public pavement section.

(f)

The stopping, standing, or parking of a vehicle on the pavement, shoulder, right-of-way, or within five (5) feet of the right-of-way of either side of Hamilton Pool Road (FM 3238) from the territorial limits of the city to the intersection of Hamilton Pool Road with Bee Cave Parkway.

(2002 Code, sec. 12.102; Ordinance 07-01-23-B, sec. 3(A), adopted 1/23/07; Ordinance 415 adopted 9/24/19)

§ 18.03.005 Exceptions.

This article does not apply to a vehicle that is disabled while on the pavement, shoulder, or right-of-way of any public street designated in section 18.03.004 if it is impossible to avoid standing, stopping, parking and temporarily leaving the vehicle on the public street designated in section 18.03.004.

This article does not apply to a school bus that is a vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport pre-primary, primary, intermediate, or secondary students on a route to or from school or a school-related activity trip other than on routes to and from school.

This article does not apply to an occupied vehicle that is complying with a lawful order or direction of a police officer, firefighter, or school crossing guard in the course and scope of his duties.