It shall be unlawful for any person in charge of any automobile,
truck or other motor-driven vehicle to park the same in violation
of the provisions of this section. Any automobile, truck or other
motor-driven vehicle parked, stopped, left unattended, or left standing
in violation of the provisions of this section is a nuisance and a
public safety hazard and may be towed at the direction of a peace
officer or employee of the city and retained until such time as any
towing and storage fees are paid; provided, however, that the prohibited
parking area must be posted with a sign giving notice that vehicles
are subject to being towed.
(1) It shall be unlawful for any person in charge of any automobile,
truck or other motor-driven vehicle to leave the same unattended by
a competent driver on Main Street at any point thereon between First
Street and Fifth Street or on any street in the business district
in the city, unless said vehicle be parked at the curb and between
the marked lines of the street, and in such position at the curb that
the driver of any other automobile, truck or other motor-driven vehicle
may have free access to the street. “Business district”
shall include the area between N. 1st Street and N. 5th Street along
Main Street and one block east and one block west of Main Street from
said 1st through 5th Streets inclusive.
(2) Three blocks east of Main Street on both sides of N. 3rd Street (Loop
230) and three blocks west of Main Street on both sides of N. 3rd
Street (Loop 230) is hereby declared a no parking zone and no motor
vehicle shall park there.
(3) Parking along Loop 230 and Highway 95 and in front of residences
shall be parallel with the curb, and wheels nearest to the curb shall
be within eighteen (18) inches of the curb.
(4) It shall be unlawful for any driver of any motor vehicle, truck or
trailer to block any street or any portion of the width thereof, so
that the street will not accommodate the normal flow of traffic and
prevent the normal passage of vehicles, for a longer time than five
(5) consecutive minutes. No alley should be blocked longer than fifteen
(15) consecutive minutes.
(5) It shall be unlawful for any person in charge of any automobile,
truck or other motor vehicle to park or leave the same unattended
at any point on Highway 95 between West 4th Street and West 5th Street
in the city.
(6) It shall be unlawful for any person in charge of any automobile,
truck or other motor vehicle to park or leave the same unattended
at or adjacent to any public utility site, owned by the city, within
the city.
(7) It shall be unlawful for any person in charge of any automobile,
truck or other motor vehicle to park or leave the same unattended
at or adjacent to the Smithville Regional Hospital along the east
side of Hill Road from the Nichols Street and Hill Road intersection
to approximately 450 feet of Hill Road southbound towards Loop 230.
(8) It shall be unlawful for any person in charge of any automobile,
truck or other motor vehicle to park or leave the same unattended
at any point along the fence line north and south of Chuckwagon Square.
(See the drawing attached to Ordinance 2811-460.)
(9) Except for employees of the city, it is unlawful for any person to
park, stop, leave unattended, or stand a motor vehicle, trailer, or
other vehicle in the parking spaces located between Main Street and
Ramona Street behind Smithville City Hall, 317 Main Street, Smithville,
Texas 78957 between 7:00 a.m. to 5:30 p.m.
(10) Except for licensed peace officers and police department staff of
the city, it is unlawful for any person, at any time, to park, stop,
leave unattended, or stand a motor vehicle, trailer, or other vehicle
in the parking spaces marked for police department use only located
between Main Street and Ramona Street behind Smithville City Hall,
317 Main Street, Smithville, Texas 78957.
(1987 Code, ch. 9, sec. 4; 2001
Code, art. 12.400; Ordinance 2102-393 adopted 2/11/02; Ordinance
2310-408 adopted 10/13/03; Ordinance 2811-460 adopted 11/17/08; Ordinance 2022-628 adopted 11/14/2022)
In this article, the following terms have that meaning ascribed
to them below:
Commercial vehicle.
A motor vehicle that is used primarily to engage in commerce.
The term includes construction equipment and tractors and any other
farm-related equipment.
Motor vehicle.
A self-propelled device that can be used to transport or
draw persons or property on a highway.
Recreational vehicle.
Any vehicle that is designed for temporary human habitation
for uses including recreational camping or seasonal use. The term
includes a travel trailer.
Trailer.
A vehicle with or without motive power designed to be drawn
by a motor vehicle and to transport persons or property. The term
shall include, but not be limited to, semi-trailer and utility trailer.
The term does not include a travel trailer.
Travel trailer.
A nonmotorized vehicle permanently built on a single chassis
that is designed:
(1)
To be towable by a motor vehicle; and
(2)
For temporary human habitation.
Truck tractor.
A motor vehicle designed or used primarily for drawing another
vehicle but not constructed to carry a load other than part of the
weight of the other vehicle and its load.
Vehicle.
A device that can be used to transport or draw person or
property on a highway.
(Ordinance 2011-372 adopted 11/13/00; 2001 Code, sec. 12.801; Ordinance 2019-562 adopted 4/8/19; Ordinance 2019-574 adopted 10/21/19; Ordinance 2019-578 adopted 11/12/19)
(a) Trailers, whether or not attached to another vehicle, commercial
vehicles, not including truck tractors and recreational vehicles:
(1) Shall not be parked in the public right-of-way on more than seven
(7) separate calendar days within a sixty (60) -day period, regardless
of whether such seven calendar days occur consecutively; and
(2) Shall not be parked in a public right-of-way again for a period of
sixty (60) days beginning on the seventh calendar day that such vehicle
is parked in the public right-of-way during a sixty-day period.
(b) Motor vehicles, recreational vehicles, and trailers shall not be
parked on the public right-of-way in a manner that obstructs normal
traffic flow or unsafely obstructs the view of traffic.
(c) The owner, tenant, or other person in control of real property shall
not cause, permit, or allow any trailer, whether or not attached to
another vehicle; any commercial vehicle, not including a truck tractor;
or any recreational vehicle to be parked in the public right-of-way
adjacent to such real property:
(1) On more than seven (7) separate calendar days within a sixty (60)
-day period, regardless of whether such seven calendar days occur
consecutively; or
(2) For a period of sixty (60) days beginning on the seventh calendar
day that such vehicle is parked in the public right-of-way during
a sixty-day period.
(d) Except for subsection
(b), above, a vehicle is not considered to be parked under this article during any period of time that such vehicle is being loaded or unloaded and such vehicle is not left unattended for more than one hour.
(Ordinance 9710-299 adopted 10/13/97; Ordinance 2011-372 adopted 11/13/00; 2001 Code,
sec. 12.802; Ordinance 2019-562 adopted 4/8/19; Ordinance 2019-574 adopted 10/21/19; Ordinance
2019-578 adopted 11/12/19)
If any other provision of this code conflicts with this article,
the higher or more restrictive provision shall control.
(Ordinance 2019-562 adopted 4/8/19; Ordinance 2019-574 adopted 10/21/19; Ordinance
2019-578 adopted 11/12/19)