The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bus.
Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle other than a taxicab, designed and used for the transportation of persons for compensation.
Oversized commercial vehicle.
Any vehicle designated in this definition, or any vehicle designed for the transport of property or cargo with a gross vehicle weight or registered weight, as those terms are defined by state law, of more than 7,500 pounds, the equivalent of 3.75 tons, or any vehicle that has a rated capacity in excess of 1-1/2 tons, or any vehicle that is more than 20 feet (20') in length from end to end, more than seven feet (7') in width at its widest point, or more than seven feet (7') in height at its highest point including, but not limited to, the following designated vehicles: dump trucks, truck-tractors, tractor-trailers, semitrailers, concrete mixing trucks, stake-bed trucks, buses, trailers, or other similar vehicles. The term “oversized vehicle” shall exclude any self-contained recreational vehicle/travel trailer/camper, which (1) has a kitchen, bath or sleeping quarters and (2) is designed for recreational purposes, or any vehicle that has any farm or agricultural designation by the state.
Recreational vehicle/travel trailer/camper.
A vehicular portable structure designed for a temporary or short-term occupancy for travel, recreation or vacation. The term “recreational vehicle/travel trailer/camper” does not include mobile homes and/or HUD-Code manufactured homes, as these terms are defined in the Texas Occupations Code, as amended, which are designed for year-round occupancy.
Semitrailer.
Every vehicle without motor power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some of its weight and that of its load rests upon or is carried by the motor vehicle including, but not limited to, lowboys, goosenecks, fifth wheels and other similar vehicles.
Tractor-trailer.
A combination of a truck-tractor and semitrailer.
Trailer.
Every vehicle without motor power, designed for carrying persons or property on its own structure exclusively and for being drawn by a motor vehicle and so constructed that no part of its weight and that of its load rests upon or is carried by another vehicle including, but not limited to, flatbeds and other similar vehicles. Pop-up campers and tent trailers shall not be deemed a trailer for purposes of this division.
Truck-tractor.
Every motor vehicle designed and used primarily for drawing/hauling other vehicles and not constructed to carry a load other than part of the weight of the vehicle and load being drawn or that is engaged with a semitrailer in the transportation of automobiles or boats and that transports the automobiles or boats on part of the truck-tractor.
To the extent not otherwise defined, all words and phrases used in this section shall have the same meaning as set forth in pertinent sections of the V.T.C.A., Transportation Code section 541.031 et seq., as amended.
(Ordinance 08-256 adopted 10/13/08)
Parking of oversized commercial vehicles shall comply with the following provisions:
(1) 
It shall be unlawful for any person to park or store, or allow to be parked or stored, any oversized commercial vehicle upon any public street, alley, parkway, boulevard, public place, public right-of-way or railroad right-of-way within the corporate limits of the town. This subsection shall not apply to street construction equipment, maintenance and repair equipment or trucks, rollers and implements, equipment trailers or vehicles used by public service utility companies engaged in repairing or extending public service utilities when used, or intended for use, in the general vicinity; motor buses when taking on or discharging passengers at the customary bus stops; vehicles parked in a designated loading zone while in the act of accepting from the immediate shipper or delivering to a consignee or addressee any transportable thing; or vehicles with mechanical defects during the time it takes to make emergency repairs.
(2) 
It shall be unlawful for any person to park or store, or allow to be parked or stored, any oversized commercial vehicle upon property within any residentially zoned district or any property used for residential purposes, within the corporate limits of the town. This subsection shall not prevent the parking or standing of the above-described vehicles in such zoned areas for the purpose of expeditiously loading and unloading passengers, freight or merchandise.
(3) 
For purposes of this section, an oversized commercial 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 property, and such vehicle shall be subject to removal and disposal as an abandoned vehicle, pursuant to article 8.03 of this code.
(4) 
For subsections (1) and (2) of this section, the court may take judicial notice of an owner’s manual, dealer brochure and other such similar informational literature, which may constitute a prima facie presumption of the size and weight of the oversized commercial vehicle. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code section 2.05, as amended.
(Ordinance 08-256 adopted 10/13/08)
The town may grant a temporary permit, not to exceed two (2) days in duration, for the parking of oversized commercial vehicles on private property for special events, including but not limited to large family gatherings, weddings, picnics, ice cream socials, fairs, dances and similar events. A temporary event parking permit, valid for no more than forty-eight (48) hours, shall specifically list the property where such temporary parking shall be located, ingress and egress into and out of such location, safety measures to ensure safe ingress and egress (subject to town law enforcement approval), and other matters deemed appropriate by the town administrator to ensure public safety. Application to the town administrator for a temporary event parking permit shall be made no less than three (3) business days prior to the start time of the event and, if in compliance with the foregoing provisions, the fee for a temporary event permit shall be $50.00, nonrefundable for any purpose once submitted to the town.
(Ordinance 08-256 adopted 10/13/08)
The presence of any oversized commercial vehicles within the corporate limits of the town in violation of this division is hereby declared to be a public nuisance.
(Ordinance 08-256 adopted 10/13/08)
(a) 
Any person found in violation of any of the provisions of this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00, and each and every day such violation shall continue shall constitute a separate offense. When any person refuses to comply with the provisions of this division or in emergency circumstances, then pursuant to V.T.C.A., Texas Local Government Code section 431.031, the offending vehicle may be impounded or the tires blocked to prohibit the vehicle from moving. The impounded vehicle may be taken into custody and have fees assessed in the same manner as the procedures regarding abandoned motor vehicles in article 8.03 of this code.
(b) 
If any oversized commercial vehicle is found in violation of any provision of this division or of state statute regulating the stopping, standing or parking of such a vehicle, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall constitute a prima facie presumption that the registered owner of such vehicle is the person who committed the violation. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code section 2.05, as amended.
(c) 
The state department of transportation’s computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.
(d) 
Upon final conviction and assessment of a penalty, fine and costs, if such amount is not paid in accordance with the judgment of court, the clerk may notify the County Clerk of Denton County and the Texas Department of Public Safety of such unpaid penalty, fine and cost which may affect the ability of such affected person to register, renew or receive a license or privilege concerning an operators driver’s license or vehicle registration.
(Ordinance 08-256 adopted 10/13/08; Ordinance 21-001 adopted 2/8/21)