If any vehicle is found upon any street in violation of any
provision of this article regulating the standing, stopping, or parking
of vehicles and the identity of the operator cannot be determined,
the owner or person in whose name such vehicle is registered shall
be held prima facie responsible for such violation.
(1984 Code, sec. 20-186; Ordinance 62 adopted 2/20/1940; 1997 Code, sec. 72.01)
(a) Authority.
Any vehicle which shall be or remain standing
or parked upon any public street, avenue, way, alley, or other public
place may, under the following circumstances, be removed by or upon
the order of the chief of police and placed in storage in a privately
operated garage or other place designated or maintained by the city:
(1) When any vehicle is found upon a street, avenue, alley way or public
place and a report has been previously made that such vehicle has
been stolen, or a complaint has been filed and a warrant issued thereon,
charging that such vehicle has been stolen or converted in violation
of the law;
(2) When any police officer of the city has reasonable grounds to believe
that any vehicle has been abandoned for longer than 48 hours;
(3) When any police officer arrests any person driving, or in control
of, a vehicle for an alleged offense and such officer is or may be
required by law to take the one arrested immediately before a magistrate,
or if the arrested person is immediately taken before a magistrate,
or when the arrested person is the sole occupant or the owner of the
vehicle and is immediately placed in custody;
(4) When a vehicle is so disabled that its normal operation is impossible
or impractical and the person in charge of the vehicle is incapacitated
by reason of physical injury or other causes to such an extent as
to be unable to provide for its removal or custody, or cannot be found,
or is not in the immediate vicinity of such vehicle;
(5) When any vehicle is left standing or parked unattended for more than
48 hours in violation of any applicable provision of state law, city
ordinance, rules or regulations; provided, however, that in the event
the vehicle is adjacent to property owned by the owner of such vehicle
or property rented by the owner of the vehicle, before such vehicle
shall be removed, the owner thereof shall be given an additional 24
hours to remove or cause to be removed such vehicle. Such written
notice may be given by depositing the same, addressed to the owner
at the address given on the registration receipt of the vehicle or
his or her last known address, in the United States mail.
(b) Claiming of vehicle by owner.
In order to obtain possession
of any vehicle stored under the provisions of this section, the claimant
must produce satisfactory evidence of the ownership or right to possession
within 30 days from the date of such storage, and in addition thereto
must pay all charges for storage and removal of such vehicle in addition
to any fine.
(c) Sale of vehicle.
If the vehicle removed under this section
is not claimed within 30 days from the date of storage, the same may
be sold by the garage where the same is stored for recovery of charges,
as provided by law.
(d) Liability.
The provisions of this section shall not
be construed to relieve from, or lessen the responsibility of, any
person who shall leave his or her vehicle parked on the streets of
the city in such a manner that the same may be impounded, nor shall
the city be held as assuming any liability by reason of the impounding,
or the causing to be impounded, of such vehicle.
(1984 Code, sec. 20-187; Ordinance 4-83 adopted 1/10/1983; 1997 Code, sec. 72.02)
No person driving or in charge of a motor vehicle shall permit
it to stand unattended without first stopping the engine, locking
the ignition, removing the keys from the ignition, and effectively
setting the brakes thereon, and when standing upon any grade, turning
the front wheels toward the curb or side of the roadway.
(1984 Code, sec. 20-188; Ordinance 4-83 adopted 1/10/1983; 1997 Code, sec. 72.03)
(a) Parking prohibited in certain places.
No person shall
stop, stand or park a vehicle except when necessary to avoid conflict
with other traffic or in compliance with law, the direction of a police
officer, or a traffic-control device, in any of the following places:
(1) On the roadway side of a vehicle stopped or parked at the edge or
curb of a street;
(5) Between a safety zone and the adjacent curb or within 30 feet of
a place on the curb immediately opposite the ends of a safety zone,
unless the city designates a different length by signs or markings;
(6) Alongside or opposite a street excavation or obstruction if stopping,
standing, or parking the vehicle would obstruct traffic;
(7) On a bridge or other elevated structure on a highway or in a highway
tunnel;
(9) Where an official sign prohibits stopping.
(b) Moving vehicle of another.
No person shall move a vehicle
not lawfully under his or her control into any prohibited area specified
above or any distance from a curb, except as permitted by law.
(c) Parking for certain purposes prohibited.
No person shall
park a vehicle upon any street in the city for the principal purpose
of:
(1) Displaying such vehicle for sale;
(2) Washing, greasing, or repairing such vehicle, except such repairs
as necessitated by an emergency;
(3) Advertising, except by permit issued by the chief of police and under
the conditions stipulated therein.
(d) Ten feet of roadway to be left available for traffic.
No person shall stop, stand or park any vehicle upon a street in
such a manner or under such conditions as to leave available less
than ten feet of width of either lane of a roadway for free movement
of vehicular traffic, except that a driver may stop temporarily during
the actual loading or unloading of passengers or, when necessary,
in obedience to traffic regulations, traffic signs, or signals of
a police officer.
(1984 Code, sec. 20-189; 1997 Code,
sec. 72.04)
(a) The street superintendent shall cause parking stalls to be maintained
and marked off in and on such streets or parts thereof as may be designated
by the city council from time to time, and such person shall cause
spaces in which parking is prohibited to be maintained and marked
off in and on such streets and parts thereof as may be designated
by the city council from time to time. The street superintendent shall
also cause time-limit parking areas to be marked off and maintained
in and on such streets or parts thereof as may be designated by the
city council from time to time. All such spaces or areas shall be
clearly indicated by appropriate signs or by marking on the pavement
or curb.
(b) In areas designated as time-limit parking areas, parking may be limited
to any period prescribed by the city council, the same areas to be
designated with clearly distinguished markings or signs at both ends
of the time-limit areas and at reasonable intervals between the beginning
and ending of such time-limit areas, indicating which parking established
under this section shall apply on such days and between such hours
as prescribed by the city council.
(1984 Code, sec. 20-192; 1997 Code,
sec. 72.05)
It shall be unlawful for any person to cause, allow, permit, or suffer any vehicle registered in such person's name or owned and operated by such person or in such person's possession or under such person's control to be or remain in any space or area in which parking is prohibited, as provided in section
11.06.005, or in a time-limit parking area for a longer period of time than that designated by the marking on the street or by clearly visible signs.
(1984 Code, sec. 20-193; 1997 Code,
sec. 72.06)
(a) Parallel parking.
No person shall stand or park a vehicle
in a roadway other than parallel with the edge of the roadway and
headed in the direction of lawful traffic movement and with the right-hand
wheels of the vehicle within 18 inches of the curb or edge of the
roadway, except as otherwise provided in this article. On a one-way
street, vehicles may be parked on the left side of the street with
the left-hand wheels within 18 inches of the curb or edge of the roadway,
unless signs prohibit such parking.
(b) Designation of angle parking areas.
The street superintendent,
with the approval of the city council, shall determine upon which
streets angle parking shall be permitted and shall mark or sign such
streets, but such angle parking shall not be indicated on any federal-aid
or state highway within this city unless the state department of transportation
has determined by resolution or order, entered into its minutes, that
the roadway is of sufficient width to permit angle parking without
interfering with the free movement of traffic. Angle parking shall
not be indicated or permitted at any place where passing traffic would
thereby be caused or required to drive upon the left side of the street
or upon any railroad track.
(c) Parking in angle parking area.
Upon those streets which
have been signed or marked for angle parking, no person shall park
or stand a vehicle other than at the angle to, and with the hood or
front end of such vehicle next to, the curb or edge of the roadway
indicated by such signs or markings.
(d) Vehicles to be parked within marked lines.
Whenever
parking spaces are marked by lines on the pavement, whether for parallel
or angle parking, a vehicle must be parked entirely within the lines
of the parking space.
(1984 Code, sec. 20-194; 1997 Code,
sec. 72.07)
(a) Obstruction of alley.
No person shall park a vehicle
within an alley in such a manner or under such conditions as to block
the free passage of other vehicles in such alley.
(b) Parking in fire limits.
Notwithstanding the provisions of subsection
(a), it shall be unlawful for any person to park a vehicle in the alley within the fire limits of the city, except when such vehicle is actually being used for the purpose of loading or unloading merchandise or passengers.
(1984 Code, sec. 20-196; 1997 Code,
sec. 72.08)
It shall be unlawful for the owner or operator of any vehicle
to allow, cause or permit such vehicle to remain standing or parked
on any street, alley, avenue or public way within the city for more
than 48 hours continuously.
(1984 Code, sec. 20-197; Ordinance 4-83 adopted 1/10/1983; 1997 Code, sec. 72.09)
No person shall start a vehicle which is stopped, standing or
parked unless and until such movement can be made with safety.
(1984 Code, sec. 20-198; Ordinance 4-83 adopted 1/10/1983; 1997 Code, sec. 72.10)
The street superintendent is hereby authorized to determine
and designate the locations of passenger and freight curb loading
zones and shall place and maintain appropriate signs indicating the
same and stating the hours during which the provisions therefor are
applicable.
(1984 Code, sec. 20-199; 1997 Code,
sec. 72.11)
The city council is hereby empowered and authorized to establish
bus stops on such public streets in such number and at such places
as it shall determine necessary for the greatest benefit and convenience
to the public, and such stops shall be designated by appropriate signs.
(1984 Code, sec. 20-200; Ordinance 62 adopted 2/20/1940; 1997 Code, sec. 72.12)
(a) Definitions.
For the purpose of this section, the following
definitions shall apply, unless the context clearly indicates or requires
a different meaning:
Commercial motor vehicle.
A motor vehicle designed or used for the transportation of
property, or for delivery purposes, not including a passenger bus,
passenger automobile, motorcycle, panel delivery truck or pickup truck
or vehicle used in the delivery of the United States mail.
Pole trailer.
A vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach or
pole, or by being boomed, or otherwise secured to the towing vehicle,
and ordinarily used for transporting long or irregularly shaped loads
such as poles, pipes, or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
Recreational vehicle/travel trailer/camper.
A vehicular portable structure designed for a temporary or
short-term occupancy for travel, recreation or vacation. The term
does not apply to mobile homes or HUD-code manufactured housing which
are designed for year-round occupancy.
Semi-trailer.
A vehicle designed or used with a motor vehicle so that part
of the weight of the vehicle and its load rests on, or is carried
by, another vehicle.
Trailer.
A vehicle that is designed or used to carry a load wholly
on its own structure and is drawn and designed to be drawn by a motor
vehicle.
Truck-tractor.
A motor vehicle designed or used primarily for drawing another
vehicle and not constructed to carry a load other than a part of the
weight of the vehicle and load to be drawn.
Vehicle.
Any of the enumerated types of vehicles, trailers or trucks
stated herein.
(b) Applicability.
It shall be unlawful for any person to
leave, park or stand any of the following vehicles upon any public
street, public right-of-way, highway or alley within the corporate
limits of the city, except as otherwise provided herein:
(10) Commercial motor vehicle or trailer exceeding five tons or containing
two or more axles.
(c) Overnight parking in parking lot or vacant lot.
It shall
be unlawful for any person to leave, park or stand any vehicles in
a public or private parking lot or vacant lot overnight unless the
same is an allowed use in the zoning ordinance.
(d) Parking on unimproved surface.
Parking shall only be
upon an improved surface. For purposes of this section, an improved
surface shall be concrete, asphaltic concrete or similar impervious
surfaces and/or as otherwise designated in the city's construction
standards and zoning ordinance, as adopted or amended. It shall be
a violation to park on an unimproved surface such as grass or dirt
in any zoning district.
(e) Use of designated parking and loading areas for other purposes.
It shall be unlawful to use designated parking and loading areas
for the repair, storage, display for sale, dismantling or service
(except for normal maintenance of a private vehicle) of vehicles or
equipment, or for the storage of materials or supplies, or for any
other use in conflict with the designated parking and loading areas.
(f) Vehicle owner presumed responsible for violation.
If
any vehicle listed above is found to be in violation of any provision
of this section, or of a 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
is presumed to be the person who parked said vehicle at the time and
place the offense occurred. This presumption is rebuttable and shall
have the effects and consequences set forth in Texas Penal Code section
2.05. The state department of transportation's computer-generated
record of the registered vehicle owner is prima facie evidence of
the contents of the record.
(g) Temporary parking.
These provisions shall not apply
to temporary parking or standing of said vehicles for the purpose
of loading or unloading passengers or contents, for the connection
or disconnection of such vehicles or trailers, or for the performance
of the function for which the vehicle was intended; provided, however,
that the permitted activities herein stated shall occur during the
hours of 7:00 a.m. to 10:00 p.m. and shall be of only the necessary
duration to accomplish the permitted activity.
(h) Permit for parking in residentially zoned district.
Any person desiring to park any of the said vehicles in a residentially zoned district shall first obtain from the city police department a permit for such parking. Any person desiring a permit under this section shall make application for such permit to the police department, setting forth the location, time and date of said parking, the name and address of the person requesting the parking permit, and the vehicle identification number. The parking permit shall be issued upon payment of a fee as set forth in the fee schedule in appendix
A of this code.
(i) Number of parking permits; duration of permit.
Four
parking permits may be issued per year per household covered by the
permit application. No other parking permits shall be issued for that
location during that year, which year consists of 365 days. Each parking
permit shall be valid for three consecutive days, being Friday after
6:00 p.m. until 7:00 a.m. on the succeeding Monday. No more than four
permits shall be issued for any one premises during said year.
(j) Permit for combination of vehicles.
For purposes of
this section, only one permit shall be necessary for a combination
of not more than two vehicles, including but not limited to a truck
and semitrailer, [or] truck and trailer, coupled together by a towing
device; provided, however, that a boat or other such vehicle is permitted
to be coupled to the trailer to the extent the combination is not
longer than the trailer itself, and the vehicle to be towed is securely
attached to the trailer.
(k) Penalty.
Any person, firm or corporation violating any
provision of this section shall be fined an amount not to exceed the
sum of $500.00, and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
(1984 Code, sec. 20-153; Ordinance 4-2-96 adopted 4/23/1996; Ordinance O-12-02 adopted 12/10/2002; 1997 Code, sec. 72.13; Ordinance
adopting 2023 Code)