Abandoned vehicle
shall have the same meaning as provided in section 683.002 of the Texas Transportation Code.
Commercial vehicle
means a motor vehicle, other than a motorcycle, designed or used for the transportation of property or delivery purposes or any vehicle registered under any state law as a commercial vehicle or as part of a commercial fleet.
Hard surface and hard-surfaced
shall have the same meaning as defined in section 103.1.F.1.c of the zoning ordinance.
Median strip
means an intervening strip, physical barrier or clearly indicated dividing section which separates a street into two or more roadways.
Oversize commercial vehicle
means a dump truck, truck-tractor with trailer, concrete mixing truck, stake-bed truck, bus, trailer that is more than twenty-five (25) feet in length from end to end, more than eight (8) feet wide at its widest point, or more than eight (8) feet high at its highest point, or any vehicle designed for the transport of property or cargo with a gross weight, gross registered weight or gross weight rating, as those terms are defined in the Texas Transportation Code, of more than sixteen thousand (16,000) pounds, or any vehicle designed for the transport of more than fifteen (15) passengers, inclusive of the driver.
Recreational vehicle
means a vehicle that is built on a single chassis; four hundred square feet or less when measured at the largest horizontal projections; self-propelled or permanently towable by motor vehicle or light duty truck; designed primarily not for use as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; and required by Texas law to have a valid vehicle registration when traveling upon public streets. “Recreational vehicle” shall not include a manufactured home.
Trailer
means a vehicle that is designed or used to carry a load wholly on its own structure and is drawn or designed to be drawn by a motor vehicle.
Vehicle
means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved exclusively by human power and manufactured housing.
Zoning ordinance
means Ordinance No. 0102 of the Town of Horizon City, as amended, or as may be codified in the Horizon City Municipal Code (chapter 14, exhibit A).
(Ordinance 0093-01, sec. 93.140, adopted 3/14/17)
(a) 
Whenever any vehicle stands in a parking space reserved for the disabled, and such vehicle does not have a valid “disabled” license plate affixed thereon, or does not display a valid “disabled” placard, such fact shall be prima facie evidence that the vehicle has been parked illegally, and that the registered owner of such vehicle did knowingly cause, allow, permit or suffer such vehicle to be parked in such location.
(b) 
Whenever a vehicle is found in violation of any provision of this article or is prosecuted for an offense under chapter 454, subchapter G of the Transportation Code, 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.
(Ordinance 0093-01, sec. 93.150, adopted 3/14/17)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in an amount not to exceed five hundred dollars ($500.00) for each violation. Provided however, a violation of section 12.03.008 shall carry a minimum fine of fifty dollars ($50.00). Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 0093-01, sec. 93.160, adopted 3/14/17)
(a) 
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
(1) 
Stop, stand or park a vehicle:
(A) 
At any place where official signs prohibit stopping;
(B) 
On the roadway side of any vehicle stopped or parked at the edge or curb of a street (double parking);
(C) 
On a sidewalk;
(D) 
Within an intersection;
(E) 
On a crosswalk;
(F) 
Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(G) 
Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(H) 
Upon a bridge or other elevated structure upon a highway or within a highway tunnel;
(I) 
On any railroad track;
(J) 
On a median strip;
(K) 
On the area between the curb line, or the lateral lines of the roadway, and the adjacent property line (often referred to as a parkway);
(L) 
Designated bike lanes, unless official signs allow such parking during specific times; or
(M) 
Adjacent to a curb that has yellow curb markings. For the purposes of this section, a presumption shall exist that yellow markings have been placed on a curb pursuant to appropriate authorization. Any person charged with an offense under this subsection shall be entitled to assert as an affirmative defense that the yellow curb markings were not duly authorized.
(2) 
Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(A) 
At any place where official signs prohibit standing;
(B) 
In front of a public or private driveway;
(C) 
Within fifteen (15) feet of a fire hydrant;
(D) 
Within twenty (20) feet of a crosswalk at an intersection;
(E) 
Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; or
(F) 
Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly sign-posted).
(3) 
Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
(A) 
At any place where official signs prohibit parking; or
(B) 
Within fifty (50) feet of the nearest rail of a railroad crossing.
(b) 
Except where official signs or markings indicate otherwise, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within eighteen (18) inches of the right-hand curb or edge of the roadway.
(c) 
Except where official signs or markings indicate otherwise, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within eighteen (18) inches of the right-hand curb or edge of roadway, or its left-hand wheels within eighteen (18) inches of the left-hand curb or edge of roadway.
(d) 
All words and phrases used in this section shall have the same meaning as they are defined in the Texas Transportation Code.
(Ordinance 0093-01, sec. 93.010, adopted 3/14/17)
(a) 
It shall be unlawful for any driver to stop, stand or park any vehicle upon a street or alley where parking is allowed in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals of a police officer.
(b) 
When parking is allowed in an alley, no person shall park a vehicle in an alley in such a manner so that any portion of the vehicle obstructs a driveway.
(Ordinance 0093-01, sec. 93.020, adopted 3/14/17)
(a) 
No person shall park, stand or stop a vehicle on city property that is not designated or marked for parking unless such use has been authorized by the city council or is in conjunction with the provision of services, construction or making repairs at or near the area where the parking is occurring by a governmental entity or utility holding a franchise under state law or city ordinance.
(b) 
The director of public works may place signs prohibiting or regulating the parking of vehicles in city-owned parking lots or parking lots used in conjunction with city facilities. No person shall park a vehicle in such lots unless in compliance with such signs.
(c) 
When signs have been posted by the director of public works, no person shall park, stand or stop a commercial vehicle, trailer or recreational vehicle in any city-owned parking lot or parking lot used in conjunction with a city facility, except that a person may park, stand or stop such vehicle for the purpose of making deliveries to or conducting business in the city facility or attending a function therein for a period not exceeding four hours, or when authorized by the mayor or the city council for the purpose of providing programs or services to or for the public not to exceed twelve consecutive hours.
(Ordinance 0093-01, sec. 93.030, adopted 3/14/17; Ordinance adopting Code)
(a) 
No person shall park a vehicle upon a street or alley or any city-owned parking lot or other city-owned property for the purpose of washing, greasing or repairing the vehicle except when repairs are necessitated by an emergency.
(b) 
No person shall park a vehicle upon any city-owned parking lot or other city-owned property for the purpose of offering such vehicle for sale or selling the same, or for the primary purpose of displaying advertising; provided that the provisions of this section shall not apply to vehicles displaying signs or advertisements which are incidental, and in addition to the primary and regular use of said vehicle as a means of transportation.
(Ordinance 0093-01, sec. 93.040, adopted 3/14/17)
(a) 
Private off-street disability parking spaces exclusively for vehicles which display the distinguishing license plates or placards issued to qualifying disabled veterans and other persons with disabilities pursuant to state law shall have the dimensions and markings required by the Texas Accessibility Standards (TAS). Such markings and signage shall be placed in accordance with the standards and in a manner that it will not be obscured by parked vehicles. The signage shall be of such size that it is legible from a distance that is reasonable for the conditions.
(b) 
No person shall stop, stand, or park a vehicle in a parking space or parking area on private property that has been properly marked, signed, and designated as a parking space for the disabled in compliance with state law, without displaying either special license plates or a placard issued to qualifying disabled veterans and other persons with disabilities by the state in which the vehicle is licensed. Such stopping, standing or parking is contrary to this section and constitutes a violation.
(c) 
No person shall stop, stand, or park a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access aisle or curb ramp. Such stopping, standing or parking is contrary to this section and constitutes a violation.
(Ordinance 0093-01, sec. 93.050, adopted 3/14/17)
(a) 
It shall be unlawful for any person to store or allow the storage of any vehicle upon the public streets, alleys, sidewalks or parkways of the city.
(b) 
For purposes of this section, a vehicle shall be considered stored if it has remained parked at or nearly at the same location for a continuous period of time in excess of five (5) days. A stored vehicle is deemed to be a vehicle which is illegally parked on public property, and such vehicle shall be subject to removal and disposal as an abandoned vehicle in accordance with this article and state law.
(c) 
No vehicle that is wrecked, dismantled or partially dismantled, abandoned, inoperable or unlicensed may remain on any property (improved or unimproved) (i) such that any portion of it is visible from any street in excess of thirty (30) days, or (ii) is located on a public street in excess of fifteen (15) days. For the purposes of this section, a vehicle without current registration will be deemed to be an unlicensed vehicle. Placing a cover over a vehicle does not abate the violation or render a vehicle as not visible. This section shall not apply to a vehicle parked at a business in an area or district zoned for commercial or industrial uses and the vehicle is kept or stored on the property in conjunction with the operation of the business and in compliance with all other ordinances of the city.
(Ordinance 0093-01, sec. 93.060, adopted 3/14/17)
(a) 
It shall be illegal for any person to park, or to allow to be parked, on any property under his control, any vehicle other than an oversize commercial vehicle or a recreational vehicle on any portion of a front yard or side yard of any area which is which is zoned and used for residential uses under the zoning ordinance or on any premises which are used for one-family, two-family or multifamily dwelling purposes unless:
(1) 
Such area is a part of a hard-surfaced driveway or off-street parking area;
(2) 
Such area is a part of a required hard surface that provides access to a garage, or off-street parking area as required by the zoning ordinance.
(b) 
This section shall not apply to the parking of oversize commercial vehicles and recreational vehicles, which are regulated under sections 12.03.011 and 12.03.012 of this article.
(c) 
The city council, by resolution, may temporarily suspend the restrictions imposed by this section in order to accommodate special events held within the city. The restrictions suspended and the period of suspension shall be as stated in the resolution.
(Ordinance 0093-01, sec. 93.070, adopted 3/14/17)
(a) 
It shall be unlawful for any person to park or allow to be parked any oversize commercial vehicle on any property within any portion of a front yard, side yard or rear yard of any area or district which is which is zoned and used for residential uses under the zoning ordinance, to include multifamily dwellings.
(b) 
This section shall not apply to a truck-tractor alone or a large recreational vehicle when such truck-tractor or large recreational vehicle is parked on any portion of a front yard, side yard or rear yard of any area or district which is zoned and used for residential uses under the zoning ordinance, to include multifamily dwellings, and:
(1) 
Such area is a part of a hard-surfaced driveway or off-street parking area;
(2) 
Such area is a part of a required driveway that provides access to a garage.
(c) 
This section shall not apply to an oversize commercial vehicle parked at a location for the purpose of immediately delivering or picking up merchandise or other products or the loading or unloading of personal property or materials to or from the location. Said deliveries, loading or unloading shall not exceed three (3) hours in any case.
(d) 
The city council by resolution may temporarily suspend the restrictions imposed by this section in order to accommodate special events held within the city. The restrictions suspended and the period of suspension shall be as stated in the resolution.
(Ordinance 0093-01, sec. 93.080, adopted 3/14/17)
(a) 
It shall be unlawful for the driver, owner, or operator of an oversize commercial vehicle to park or permit to be parked, stand, or remain motionless:
(1) 
On a public street in any area which is zoned for residential uses under the zoning ordinance or on any premises which is used for one-family, two-family or multifamily dwelling purposes unless the vehicle is being actively loaded or unloaded or delivering or picking up personal property or materials; or
(2) 
For more than two (2) hours on a public street in any area not included under subsection (a)(1) unless the vehicle is actively being loaded or unloaded or actively delivering or picking up personal property or materials, in which event the vehicle may remain parked for such purpose up to three (3) hours.
(b) 
It shall be unlawful for the driver, owner, or operator of a recreational vehicle exceeding 20 feet in total length to park or permit to be parked, stand, or remain motionless:
(1) 
On a public street in any area zoned residential under the zoning ordinance or used for one-family, two-family or multifamily dwelling purposes; or
(2) 
On a public street in any area not zoned residential under the zoning ordinance or not used for one-family, two-family or multifamily dwelling purposes.
(c) 
It is an exception to subsection (b)(1) above that the recreational vehicle is being parked or allowed to be parked, stand, or remain motionless for loading, unloading, maintenance, or any combination thereof, for no more than seventy-two (72) hours in any seven-day period. Relocation of the recreational vehicle to another location on the same street or the adjoining public street does not stop the running of the seventy-two-hour period.
(Ordinance 0093-01, sec. 93.090, adopted 3/14/17)
In addition to signs regulating stopping, standing or parking of motor vehicles upon any public street or highway within the city or on any city property or parking lot, the director of public works may, in his discretion, supplement any such sign with an additional sign designating a tow-away zone. Such signs shall include the parking restriction and read substantially, “tow-away zone”. The use of signs designating a tow-away zone shall not prohibit the removal by the city of any vehicle found in any other area if such removal is allowed by this article or state statute. Any vehicle found in a tow-away zone may be towed away and impounded by the city or its duly authorized representative in accordance with the procedures established in section 12.03.014.
(Ordinance 0093-01, sec. 93.100, adopted 3/14/17; Ordinance adopting Code)
(a) 
Any vehicle found on any public street or other public place under any circumstances hereinafter set forth shall be deemed to be a nuisance per se, and may be towed away and impounded in the manner herein provided (provided, however, that such listed circumstances shall not be deemed exclusive or prohibit such towing and impoundment in any circumstances not listed):
(1) 
When any vehicle or any other property constitutes an obstruction to traffic by being left unattended upon any bridge, viaduct, or causeway, or in any underpass or tunnel;
(2) 
When any vehicle is illegally parked so as to block the entrance to a private driveway;
(3) 
When any vehicle is found upon a street or highway, and information has been reported to the effect that such vehicle has been stolen or a complaint has been filed charging that such vehicle has been stolen or embezzled;
(4) 
When a vehicle upon a street or highway is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;
(5) 
When a police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by law required to take the person arrested immediately before a magistrate;
(6) 
When any vehicle is parked or standing in or on any portion of a street, alley or highway in such a manner that the vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency, or unusual circumstance the safety of said vehicle is imperiled;
(7) 
When any vehicle is stopped or standing or parked in violation of any official sign that gives notice of a tow-away zone;
(8) 
When any vehicle is stored on the public street, sidewalk, parkway or alley, according to the terms of section 12.03.009;
(9) 
When a vehicle is found to be an abandoned vehicle; and
(10) 
When any vehicle is found parked on a public street according to the terms of section 12.03.012.
(b) 
Whenever the provisions of this section provide for the towing away and impoundment of any vehicle, such service shall be performed either by the city or its duly authorized representative.
(c) 
Whenever a vehicle is towed away and impounded under the provisions of this article, the procedures in section 12.03.015 shall be followed, with regard to notice, release, storage fees, sale and disposition of the vehicle.
(Ordinance 0093-01, sec. 93.110, adopted 3/14/17)
(a) 
Vehicles that have been impounded or towed shall be kept at the place designated by the police department until application for redemption is made by the owner or his authorized agent or other person legally entitled to possession of the vehicle. The police department shall require adequate proof of ownership or proof of the right to possession of the vehicle.
(b) 
The police department shall be responsible for handling or directing the storage and disposition of all vehicles impounded or towed pursuant to this article. The processes under chapter 683, Transportation Code, shall apply to the disposition of such vehicles.
(c) 
It shall be unlawful for any person to remove or attempt to remove a vehicle from a city pound location without first paying the towing and storage fees which have accrued on the vehicle.
(d) 
Any challenge regarding the impounding or towing of a vehicle pursuant to state law or this article shall be as provided under chapter 2308, Occupations Code.
(e) 
When a vehicle is authorized to be towed away, the police department shall keep and maintain a record of the vehicle towed, listing the color, year, make, model, vehicle identification number and license plate number and year displayed on the vehicle. The record shall also include the date of tow, by what commercial towing service, location towed from, location towed to, reason for towing, the name of the officer authorizing the tow and copies of all notices to owners or lienholders.
(Ordinance 0093-01, sec. 93.120, adopted 3/14/17)
Ordinances designating streets, parts of streets or other areas as no-parking or restricted parking areas are on file in the city clerk’s office. Such ordinances are specifically saved from repeal upon adoption of the Horizon City Municipal Code.
(Ordinance adopting Code)