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:
A self-propelled vehicle designed for passenger transportation.
Every motor vehicle designed for carrying more than ten 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.
Any motor vehicle designed or used for the transportation
of property, or for delivery purposes, operating primarily for profit,
not including:
A private roadway leading from a public street to a garage
or other shelter for a motor vehicle or an entrance to private land
for any purpose, to be used by a motor vehicle.
Any vehicle which is self-propelled by mechanical power such
as automobiles, trucks, motorcycles or buses designed to carry one
or more persons; but excluding construction equipment, forklifts and
farm implements.
Any vehicle designated in this definition, or any vehicle
designed for the transport of property or cargo where the vehicle
has a rated capacity in excess of one and one-half tons, or any vehicle
that is more than 20 feet in length from end to end, more than seven
feet in width at their widest point, or more than seven feet in height
at their 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, which has a
kitchen, bath or sleeping quarters and is designed for recreational
purposes.
To stand an occupied or unoccupied vehicle, other than temporarily
while loading or unloading merchandise or passengers.
An area not less than 180 square feet (measuring nine feet
by 20 feet) not on a public street or alley, surfaced with concrete,
enclosed or unenclosed, together with a concrete driveway connecting
the parking space with a public street or alley permitting free ingress
and egress.
The width between the boundary lines of a publicly maintained
way, any part of which is open to the public, other than the berm
or shoulder, that is improved, designed, or ordinarily used for vehicular
travel.
A vehicular portable structure designed for a temporary or
short-term occupancy for travel, recreation or vacation including,
but not limited to, recreational vehicles, travel trailers, boats,
boat trailers, utility trailers or other trailers. The term “recreational
vehicle/travel trailer/camper” does not include mobile homes
and/or HUD-code manufactured homes, as these terms are defined by
Texas Occupations Code ch. 1201, which are designed for yearround
occupancy. The term recreational vehicle shall include travel trailers,
campers, motor homes or any other type of mobile dwelling unit, specifically
excluding HUD-code manufactured dwellings and/or mobile homes, not
otherwise defined in this code.
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.
To halt an occupied or unoccupied vehicle, other than temporarily
while receiving or discharging passengers.
A combination of a truck-tractor and semitrailer.
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, pop-up campers/tent trailers, flatbeds and other
similar vehicles.
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.
Every mechanical device in, upon, or by which any person
or property is or may be transported or drawn or moved upon a public
street, highway, waterway or airway, except devices moved exclusively
by human power, or used exclusively upon stationary rails or tracks
including, but not limited to, a motor vehicle, truck-tractor-trailer
or semitrailer.
Privately owned or publicly owned off-street paved areas
for the access, parking, maneuvering, storage or placement of vehicles.
|
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 Texas Transportation Code §541.201 et seq.
|
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
(a)
The requirements set forth in the Texas Transportation Code regulating
the stopping, standing or parking of vehicles shall be applicable
upon all public streets and highways within the city, and no person
shall allow, suffer or permit any vehicle to stand or be parked in
or upon any public street or highway in the city in violation of any
of the provisions of this section regulating stopping, standing or
parking of vehicles.
(b)
No person shall permit a vehicle to stand or be parked at a location where signs or markings prohibit such standing or parking. The parking prohibition provided for in this subsection (b), shall not be in effect until appropriate informational signs, containing language reasonably calculated to provide notice of parking restrictions have been provided at the location giving notice to motorists.
(c)
Within the city there shall be certain locations, adopted and enumerated
by resolution, where it shall be unlawful for a person to park, stand
or stop a commercial or private vehicle at all hours. Such locations
shall be enumerated and established as necessary, from time to time,
by resolution. Parking, stopping or standing at such location designated
by resolution pursuant to this article shall be unlawful on the date
the resolution establishing the locations is adopted. The parking,
standing, stopping prohibition at each location shall remain in effect
until such time as the enumerated location is specifically repealed.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
Parking of oversized vehicles or commercial motor 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 vehicle or commercial motor 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 city. 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 vehicle upon any property within
the corporate limits of the city. This subsection shall not prevent
the parking or standing of the above-described vehicles for the purpose
of expeditiously loading and unloading passengers, freight or merchandise,
nor parking associated with a legitimate business that has a valid
certificate of occupancy.
(3)
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 vehicle. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code §2.05.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
(a)
It shall be unlawful for any person to park or store, or allow to
be parked or stored, a truck-tractor, tractor-trailer, or recreational
vehicle on any public street, alley, parkway, boulevard, public right-of-way,
public access drive, public parking area, or public thoroughfare in
any non-residentially zoned district (or use thereof) for a period
longer than a two-hour duration.
(b)
The parking or storing of any automobile, boat, trailer, or any other
motor vehicle is prohibited on lots without a primary structure in
existence that is actively occupied, used, and in possession of a
valid certificate of occupancy. Undeveloped lots shall not have vehicles
stored on them.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
(a)
Parking in residential districts (to include residential uses and
all residential areas) shall comply with the following provisions:
(1)
No recreational vehicle, travel trailer, motorhome, boat, boat trailer,
jet skis, or stock trailer shall be parked or stored on a public thoroughfare
in any residential district. The provisions of this section shall
not prevent the parking or standing of such vehicles upon the public
thoroughfare in such zoned district for a period not to exceed 72
hours.
(2)
No motorized vehicle or other equipment shall encroach upon public
sidewalks or alleys.
(3)
Display of vehicles for sale or storing vehicles for profit is prohibited,
unless legally parked in the driveway and not otherwise a junked or
inoperable vehicle.
(5)
No recreational vehicle, motorhome, travel trailer, boat, boat trailer,
camper, camper top, or any other type of vehicle shall be connected
to utilities except for the purpose of maintenance. Utilities shall
only include electricity and water. Habitation is prohibited.
(6)
For the purposes of this section, a vehicle shall be considered stored if it has remained parked at or nearly the same location for a continuous period of time in excess of five 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 according to section 8.08.004 of this code.
(7)
Parking for storage; overnight parking; exceptions:
(A)
Except as provided in subsection (c) of this section, no person shall park for storage any motor vehicle on any street during the hours from sundown to sunup, except vehicles as identified in (a)(1) of this subsection or temporarily disabled vehicles which are protected by flares or other approved signal devices.
(B)
No person shall stop, stand or park any motor vehicle, truck, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof on any street during the hours from sundown to sunup, except vehicles as identified in subsection (a)(1) of this section, or temporarily disabled vehicles which are protected by flares or other approved signal devices.
(C)
No vehicle larger than a class 3 motor vehicle may be parked on the
street during the hours from sundown to sunup.
(D)
It shall be unlawful to park, stand or store a box-truck, tow truck,
dump-truck, concrete-mixing truck, road tractor, truck tractor, tractor
trailer, semi-tractor, trailer, semi-trailer, or similar vehicles,
a recreational vehicle, a trailer, or a motor vehicle, truck, van,
bus or similar vehicle which is more than 23 feet in length, eight
feet in width or ten feet in height, during the hours from sundown
to sunup on public or private property in any local retail, commercial,
office, technical office, mixed use, or planned development zoning
districts, except for (i) the purpose of expeditiously loading or
unloading passengers, freight or merchandise; or (ii) vehicles customary
and incidental to the operation of a legally permitted business at
such location.
(b)
Parking on private residential property shall also comply with the
following provisions:
(1)
The parking or storing of any vehicle, including but not limited
to, trailers, farm implements, recreational vehicles, or forklifts,
is prohibited on lots without a primary structure in existence that
is actively occupied, used, and in possession of a valid certificate
of occupancy. Undeveloped lots shall not have vehicles stored on them.
(2)
No vehicle shall be parked or stored between the building and street
frontage, unless parked on the driveway. Parking off the driveway
in the front yard area (area between building and the street, to include
the side yard of corner and irregular shaped lots) is prohibited.
(3)
All parked or stored vehicles not on the driveway shall be located
in the rear yard area, generally screened from public view.
(4)
A maximum of four recreational vehicles or trailers can be parked
or stored on a residentially zoned lot, excluding enclosed garage
spaces.
(5)
Large estate lots and AG properties may store larger equipment, tractors
and vehicles, generally behind the primary structure or otherwise
inconspicuously stored.
(c)
For the purposes of this section, the court may take judicial notice
of an owner’s manual, dealer brochure, and other such similar
literature, which may constitute a prima facie presumption of the
size and weight of the vehicle. This presumption is rebuttable and
shall have the effects and consequences set forth in V.T.C.A., Penal
Code §2.05.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
It is an offense for any person to stop, stand or park a vehicle
except when necessary to avoid conflict with other traffic, or in
compliance with law, or the directions of a police officer or traffic-control
device, in any of the following places:
(1)
In any clearly marked lane for vehicular traffic movement on any
lane roadway unless specially allowed by official signs.
(2)
Within 15 feet of a fire hydrant or fire department sprinkler and
standpipe connection.
(3)
In front of any entrance which provides access to hotels, to theaters
or to the upper floors of any building four or more stories in height.
Such entrances shall remain open for fire or other emergency purposes.
(4)
On the side of any public street adjacent to any school property
when such parking would interfere with traffic or create a hazard.
(5)
In any manner or location that prevents access to a mailbox, postal
drop box, or similar postal receptacle used by the United States Postal
Service, during the hours of 8:00 a.m. to 5:00 p.m., Monday through
Saturday. It is an exception to and not a violation of the prohibition
stated in this subsection that a vehicle stops or parks momentarily
to engage in loading or unloading passengers or cargo.
(6)
In a manner or location that prevents access to a trash container
by a trash collection truck which is attempting to empty the trash
container.
(7)
In such a manner and under such conditions as to leave available
less than ten feet in width of the roadway open for the free movement
of vehicular traffic.
(8)
On a public street or roadway within 30 feet of any intersection
of two or more roadways within the city.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
No person shall park a vehicle upon any public street for the
principal purpose of:
(1)
Display of such vehicle for sale.
(2)
Washing, greasing, dismantling or repairing such vehicle except repairs
necessitated by an emergency.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
(a)
Pursuant to and in accordance with 2018 International Fire Code,
section 503.4, it is hereby declared unlawful to park or stand a vehicle
in any designated fire lane appropriately marked on privately owned
property unless loading or unloading.
(b)
After due study and investigation, the fire chief upon the advice
of the fire marshal may designate fire lanes on any public streets
or public property, on private property of shopping centers, apartment
projects, churches, schools, theaters and commercial and industrial
areas.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
The presence of any vehicles within the corporate limits of
the city in violation of this article is hereby declared to be a public
nuisance.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
(a)
Any person found in violation of any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00. When any person refuses to comply with the provisions of this article or in emergency circumstances, the offending vehicle may be impounded or the tires blocked to prohibit the vehicle from moving. The impounded vehicle shall be taken into custody and have fees assessed in the same manner as the procedures regarding abandoned motor vehicles in section 8.08.004 of this code.
(b)
If any vehicle is found in violation of any provision of this article
or of state statute regulating the stopping, standing or parking of
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 §2.05.
(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.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
Authority to impose and enforce temporary regulations for parking
and other traffic-control measures for special events, emergency situations,
and special conditions.
(1)
The city manager (or his/her designee), is hereby empowered to impose
and enforce regulations necessary to make effective the provisions
of this chapter and other traffic ordinances of the city, and to make
and enforce temporary or experimental regulations to cover emergency
or special conditions. No such temporary or experimental regulation
shall remain in effect for more than 45 days.
(2)
In addition to the powers granted by subsection (1) above, the city manager (or his/her designee), is hereby empowered to impose and enforce regulations necessary to regulate parking and vehicular traffic at special events held in or near the city including, but not necessarily limited to, water carnivals, music festivals, dramatic presentations, special recreation programs, sporting events and others events which, in the opinion of the city manager (or his/her designee), will create traffic congestion and/or parking problems on a temporary basis as a result of the event.
(3)
After taking into consideration the anticipated parking and traffic
congestion problems reasonably likely to occur as a result of the
special event including, but not necessarily limited to, on-street
parking problems, congestion created by on-street parking, and traffic
safety and danger to vehicles and pedestrians in the area of the special
event, the city manager (or his/her designee), is hereby empowered
to impose and enforce regulations necessary to regulate parking and
vehicular traffic at special events held in or near the city including,
but not necessarily limited to the following enumerated powers:
(A)
To install traffic-control devices and signage, and to regulate the
operation of vehicles upon the streets of the city impacted by the
special event including, but not necessarily limited to, the placement
of temporary “no parking” signs in locations as necessary
to prohibit parking along streets, in fields, and in other areas determined
to be inappropriate for parking for the special event.
(B)
To establish and designate temporary fire lanes in which the parking
of vehicles is prohibited.
(C)
To designate areas available for public parking, reserved or permitted
parking, and no parking, and to designate times and dates for which
the parking restrictions are to be in place.
(D)
To re-designate otherwise designated handicapped parking spaces as
nonhandicapped public parking spaces; provided that other parking
and transportation arrangements are made for those persons who would
have been entitled to lawfully park in the otherwise designated handicapped
parking spaces.
(E)
To designate nonpolice personnel and appointed civilians to direct
traffic by voice, hand, or signal as conditions may require.
(4)
A vehicle parked in violation of a parking restriction established under the authority of this section is hereby deemed injurious to the health, safety and general welfare of the public within the city. The chief of police (or any other officer of the police department of the city) and the city’s fire marshal (or any official of the office of the fire marshal of the city) is authorized to order the removal of such vehicle including the immediate impounding and towing of the vehicle, at the vehicle owner’s expense, as provided for in section 12.04.010 of this article.
(5)
A driver of a motor vehicle shall obey the instructions of any temporary
traffic-control device, sign, signal or marking, as well as the directions
of authorized personnel, unless otherwise directed by a police officer.
(6)
Temporary traffic-control devices and signage, parking regulations,
fire lanes, and other measures temporarily established pursuant to
the authority of this section need not comply with the standards required
for permanent traffic-control devices and related measures including,
but not necessarily limited to, the Texas Manual on Uniform Traffic-Control
Devices and other standards promulgated by the city for permanent
traffic-control devices and related measures.
(7)
All temporary traffic-control devices and signage established under the authority of this section shall be subject to the enforcement provisions of article 12.02, “traffic-control devices,” of this chapter. All parking regulations established under the authority of this section shall be subject to the enforcement provisions of this article 12.04, “parking” of this chapter. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine not to exceed the sum of $500.00.
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
(a)
It shall be unlawful for any person to park a motor vehicle, except
when necessary to avoid conflict with other traffic or in compliance
with directions of a police officer, on any portion of the streets
listed herein:
|
Street
|
Location
|
Special Provisions
|
|---|---|---|
|
South Utah Drive
|
From the intersection of West Cedar to the intersection of C.R.
56.
|
On school days, between the hours of 7:30 a.m. and 8:30 a.m.
and between the hours of 2:30 p.m. and 4:00 p.m.
|
|
South Utah Drive
|
The western side of the entire length of Utah Drive from the
intersection of West Cedar Street to the intersection of Sunset Boulevard.
|
No parking at any time.
|
|
West Cedar
|
From the intersection of West Cedar to the intersection of C.R.
56.
|
On school days, between the hours of 7:30 a.m. and 8:30 a.m.
and between the hours of 2:30 p.m. and 4:00 p.m.
|
|
West Cedar
|
The north side of the entire length of West Cedar Street from
the intersection of South Arizona Drive to the intersection of South
Utah Drive.
|
No parking at any time.
|
|
Southern half of the eastern length of the 100 block of North
Arizona Drive
|
From the intersection of F.M. 455 to the intersection of West
Pecan Street.
|
No parking at any time.
|
|
Northern half of the western length of the 100 block of North
Arizona Drive
|
From the intersection of F.M. 455 to the intersection of West
Pecan Street.
|
No parking at any time.
|
|
West Sunset Boulevard
|
West Sunset Boulevard
|
No parking at any time.
|
|
Ash Street
|
From the intersection of State Highway 289 (Preston Road) to
Business State Highway 289.
|
No parking at any time
|
|
Alabama Street
|
From the intersection of F.M. 455 (w. Walnut Street) to 325
feet south.
|
No parking at any time.
|
|
North Ohio Drive
|
The western side of N. Ohio from the intersection of W. Pecan
St. to 90 feet north of the intersection.
|
No parking at any time.
|
(Ordinance 2019-47 adopted 11/12/19; Ordinance 2021-41 adopted 5/11/21; Ordinance
2021-80R adopted 10/12/21)
