Every violation of a provision of this Code governing the stopping, standing, or parking of a vehicle contained within article IV, “Stopping, Standing and Parking,” and article VIII, “City Facility Parking Regulations” of Chapter
33, “Transportation” of this Code may be enforced as a civil offense pursuant to the provisions of this article and article II, Chapter
24 of this Code. In addition to being subject to the criminal penalties and procedures established in chapter
32 of this Code, a violation of section
32.56 governing the parking of a motor vehicle on an unapproved surface and a violation of section
32.57 governing the parking of oversized vehicles may be adjudicated as a civil offense under this article.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 6455, sec. 3, adopted 4/19/11; Ordinance 7103, sec. 1, adopted 11/5/19)
(A) A parking
citation serves as the notice of violation for purposes of this article.
(B) A parking
citation must include the following information:
(1) A
reference to the offense, the date, time, and location of the alleged
parking violation and, if applicable, the meter number;
(2) The
state license plate number of the illegally parked vehicle, or if
the number is not visible or legible, the vehicle identification number
or the brake inspection tag number;
(3) The
make of the illegally parked vehicle;
(4) The
amount of the civil penalty and the date by which the civil penalty
is due;
(5) The
date, time, and location of the administrative adjudication hearing,
to be set not earlier than 30 but not later than 60 calendar days
after the date of issuance of the parking citation;
(6) A
notification that the person charged with the parking violation has
the right to an instanter hearing the first and third Monday and Wednesday
of each month before the scheduled administrative adjudication hearing;
(7) A
notification that failure to timely appear at either an instanter
hearing or a scheduled administrative adjudication hearing is considered
an admission of liability for the parking violation charge and will
result in the assessment of appropriate penalties and costs, and may
result in the immobilization, towing, and impoundment of the vehicle
for which the citation was issued; and
(8) The
signature of the officer issuing the parking citation.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)
(A) A parking
citation may be served by placing a copy of the citation on the vehicle
in a conspicuous place or by mailing the citation to the registered
owner of the vehicle. If unpaid after seven days, a parking citation
shall be served upon the registered owner of the vehicle by mailing
to the registered owner of the vehicle a copy of the citation and,
if photographs are taken, photograph(s) depicting the parking violation,
showing the state license plate number of the vehicle or the vehicle
identification number of the vehicle if available. A citation shall
be served on the owner of real property by mailing a copy of the citation
to the owner of the real property.
(B) The
original parking citation must be signed by the issuing officer whose
signature, along with any photographs of the vehicle depicting the
violation, if served in accordance with this section, shall be rebuttable
proof of the facts contained in the citation and depicted in the photograph(s).
The attachment of a digital signature of the issuing officer on an
electronically prepared document is deemed to constitute the signature
of the officer on the document for purposes of signature requirements
of this section, and may be completed by incorporating a visual image
of the officer’s signature or by the officer typing “/S”
or a similar mark before the officer’s printed name on the citation
in the signature block of the citation.
(C) The
original or copy of a parking citation, along with a certificate of
mailing signed by the person mailing the citation, are prima facie
evidence that the parking citation was issued and shall be rebuttable
proof that service was made in accordance with the provisions of this
section.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)
(A) Except as provided in subsection
(B), the registered owner and the operator of a vehicle, when not the same, are jointly and severally liable to the City for the parking violation, except that the operator of a vehicle shall be solely liable if the owner proves that the vehicle was operated without the owner’s express or implied consent.
(B) A vehicle
owner who is engaged in the business of renting or leasing vehicles
under written rental or leasing agreements shall not be liable for
parking fines, penalties or costs imposed on a rented or leased vehicle
if, within 30 days after receiving written notice of a parking violation,
the vehicle owner provides an affidavit giving the true name, address,
and driver’s license number and state of issuance of the person
in possession of the vehicle at the time the parking citation was
issued, or a true copy of the lease or rental agreement in effect
at the time the parking citation was issued. A lessor of a vehicle
who fails to comply with this subsection shall be treated as any other
vehicle owner and shall be jointly and severally liable with the vehicle
operator for a parking violation charge.
(C) It is
a defense to a charge of a parking violation under this article that,
at the time of the violation, the vehicle was:
(1) Parked,
stopped, or standing in compliance with the lawful order or direction
of a police officer;
(2) An
authorized emergency vehicle under chapter 546 of the Texas Transportation
Code and the operator was acting in compliance with that chapter;
(3) A
stolen vehicle and being operated by a person other than the owner
of the vehicle without the effective consent of the owner; reported
to a police department as having been stolen prior to the time of
the violation, and had not yet been recovered;
(4) Operated
by a person during a medical emergency; or
(5) Bearing
a license plate that was a stolen plate and being displayed on a motor
vehicle other than the motor vehicle for which the plate had been
issued.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)
(A) A parking violation that is made a civil offense under this article shall have a penalty in the applicable amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10.
(B) A civil
penalty must be paid no later than the 65th day after the issuance
of the citation. A penalty paid after that date is subject to a $25.00
late fee and a collection fee, as authorized by section 103.0031 of
the Texas Code of Criminal Procedure, in the amount of thirty percent
of the total amount of penalty and fees. The collection fees will
be used to compensate any third-party private attorney or private
vendor who earns the fee by collecting the unpaid amount.
(C) A vehicle that is immobilized in accordance with article shall be assessed a fee to remove the immobilization device in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10. A vehicle that is impounded shall pay the cost of impound and storage as provided by law.
(D) A penalty established by subsection
(A) may not be waived, reduced or modified by a hearing officer, or on appeal, once liability has been determined.
(E) A continuing
day-to-day violation of less than three-days’ duration shall
not constitute a separate violation but shall be counted as a single
violation.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 6455, sec. 4, adopted 4/19/11; Ordinance 6612, sec. 3, adopted 5/7/13; Ordinance 6649, sec. 2, adopted 9/17/13; Ordinance 7003, sec. 2, adopted 8/7/18; Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance 7118, sec. 1, adopted 1/7/20; Ordinance 7350 adopted 8/2/22; Ordinance 7363 adopted 9/6/2022; Ordinance 7389 adopted 12/13/2022)
For parking violations, in addition to the remedies provided by section
24.52, a final order of liability may be enforced by any one or more of the below methods:
(1) Impounding
the vehicle that is the subject of the order when it is found on any
public street or other public or City-owned property, if the person
charged has committed five or more parking violations in any 12-month
period that have not been resolved either by a finding of no liability
or by payment of all penalties and costs assessed by the hearing officer;
(2) Placing
a “boot” or similar device that prohibits movement of
the vehicle that is the subject of the order when the vehicle is found
on any public street or other public or City-owned property, if the
person charged has committed three or more parking violations in any
12-month period that have not been resolved either by a finding of
no liability or by payment of all penalties and costs assessed by
the hearing officer;
(3) Imposing
a late fee in the amount of $25.00 for any civil penalty not paid
within the designated period;
(4) Imposing
a collection fee of an amount not to exceed thirty percent of the
unpaid civil penalty and late fee amounts due; or
(5) Denying
any parking permit or privileges issued or granted by the City.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance 7363 adopted 9/6/2022; Ordinance 7389 adopted 12/13/2022)
(A) The
registered owner of a vehicle that has been impounded or immobilized
for the purpose of enforcing a final order of liability shall have
the right to an expedited immobilization/impoundment hearing before
a hearing officer.
(B) The
request for an immobilization/impoundment hearing must be made in
writing to the office of the administrative hearing officer, on a
form provided for that purpose, within three calendar days from the
date the vehicle was immobilized or impounded, whichever occurred
first.
(C) An immobilization/impoundment
hearing must be held within 48 hours after the office of the administrative
hearing officer receives the request for a hearing, excluding Saturdays,
Sundays, and City holidays, at the office of the hearing officer or
at such other convenient and reasonable place as the hearing officer
may designate. If an administrative hearing officer is not available
to hear the case, the hearing may be held before a judge of the Municipal
Court.
(D) The
sole issue to be determined at the immobilization/impoundment hearing
is whether the immobilization or impoundment of the vehicle was valid.
(E) An immobilization
or impoundment of a vehicle pursuant to the provisions of this article
is valid if it complies with the requirements of this article unless
the vehicle owner or operator, or the agent of the vehicle owner or
operator, can establish that:
(1) The
vehicle was registered to and operated by another person at the time
the unresolved parking violations occurred;
(2) The
vehicle was being operated without the owner’s express or implied
consent at the time the unresolved parking violations occurred;
(3) Through
no fault of the owner, notice of the unresolved parking violations
was never received as required by this article;
(4) One
or more citations of the unresolved parking violations are defective
and, if dismissed, would leave fewer than the required number of parking
violations within the calendar year necessary to trigger an impoundment;
or
(5) At
the time of the impoundment of the vehicle, the registered owner had
no more than two unresolved parking violations within the immediately
preceding 12-month period.
(F) The
determination of the hearing officer at the immobilization/impoundment
hearing is final and is not subject to appeal.
(G) If the
hearing officer or judge of the Municipal Court conducting the immobilization/impoundment
hearing determines that an immobilization or impoundment of a vehicle
was not valid, all fees paid for immobilization, towing, storage,
and impoundment of the vehicle and any other amount paid to the City
to redeem the vehicle shall be refunded, including any fines, penalties,
costs or fees for any parking violation that the hearing officer determines
should not have been considered in counting parking violations for
the purposes of immobilizing or impounding the vehicle. Any fines,
penalties, and costs paid for a parking violation for which the registered
owner was liable will not be refunded.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)
Unless otherwise required by law, all fines, penalties, costs,
and fees collected under this article shall be paid into the City’s
general fund for the use and benefit of the City.
(Ordinance 6009, sec. 6, adopted 6/6/06; Ordinance 7103, sec. 1, adopted 11/5/19)
The presiding judge of the Municipal Court shall appoint a hearing
officer who shall conduct all hearings under this article. A hearing
officer shall have the following powers, duties and functions:
(1) To hear
argument and determine liability in administrative adjudication hearings
under this article;
(4) To issue
orders compelling the attendance of witnesses and the production of
documents, which order may be enforced by a Municipal Court;
(5) To question
witnesses and examine evidence offered;
(6) To assess
administrative penalties, fees and costs of court in accordance with
this article;
(7) Any
other power necessary to carry out the express powers of this section
or as may otherwise be assigned to the hearing officer by this Code
or other law.
(Ordinance 7103, sec. 1, adopted 11/5/19)
(A) Hearing
officer.
Every hearing for the adjudication of an administrative
notice of violation under this article shall be held before a hearing
officer.
(B) Date
of hearing.
The hearing for the adjudication of a civil
parking violation under this article shall be the date listed on the
citation. A person who receives a civil parking citation may appear
for an instanter hearing any time prior to the hearing date listed
on the citation on the first and third Monday and Wednesday of each
month, and the matter shall be heard without regard to the hearing
date listed on the citation.
(C) Standard
of proof.
In an administrative adjudication under this
article, the alleged violation must be proven by a preponderance of
the evidence.
(D) Proof
of facts.
In an administrative adjudication under this
article, a violation may not be proven merely by the allegations contained
in the notice of violation alone, but the allegations in the citation
along with photographs of the vehicle depicting the violation, if
any, shall be rebuttable proof of the facts contained in the citation
and depicted in the photograph(s). It is presumed that the registered
owner of the vehicle for which the citation was issued is the person
who stopped, stood, or parked the vehicle at the time and place of
the parking violation. Proof of ownership of a motor vehicle may be
made by a computer-generated record of the registration of the vehicle
with the Texas Department of Motor Vehicles computer-generated record
showing the name of the person to whom state license plates were issued.
This proof is prima facie evidence of the ownership of the vehicle
by the person to whom the certificate of registration was issued.
(E) Rules
of evidence inapplicable; admissibility.
The formal rules
of evidence and procedure do not apply to a hearing under this article,
and relevant evidence will be admitted if the hearing officer finds
that evidence is of that quality which reasonable persons are accustomed
to rely on in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule to the contrary.
(F) Right
to call and examine witnesses.
Each party shall have
the right to call and examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses on any matter relevant to the issues;
and to rebut the opposing party’s evidence.
(G) Examination
of witness by hearing officer.
The hearing officer may
examine any witness and may consider any evidence offered by a witness
or person charged with a violation, giving due weight to all testimony
and evidence admitted.
(H) Decision
of hearing officer.
At the conclusion of the hearing,
the hearing officer shall issue an order stating whether the person
charged with a violation is liable for the violation and the amount
of any penalty, cost, or fee assessed against the person as provided
in this article.
(I) Assessment
and payment of penalties and fees.
A person who is found
liable for a civil penalty after an administrative adjudication hearing
shall pay the civil penalty and costs within 65 days of the date the
citation was issued. The payment of the civil penalty and costs assessed
pursuant to this article shall operate as a final disposition of the
violation charged, except when payment is made to reset a scheduled
hearing or to file an appeal.
(J) Continuances
and rescheduling.
A scheduled hearing may not be continued
or reset at the request of the person charged with a violation more
than once unless the person charged deposits with the clerk an amount
equal to the applicable civil penalty for the alleged violation. The
clerk shall issue a receipt for any amount so deposited. After presentation
of the receipt, all amounts so deposited shall be refunded to the
person charged if the hearing officer, or the Municipal Court on appeal,
finds that the person is not liable for the violation.
(K) Effect
of failure to pay or contest.
Failure to pay a civil
penalty or to contest liability in a timely manner is an admission
of liability in the full amount of the civil penalty assessed in the
notice of violation and constitutes a waiver of the right to appeal.
(L) Failure
to appear.
Failure to appear at an administrative adjudication
hearing on or before the date listed on the parking citation or after
having requested a hearing (including a continued hearing or a rescheduled
hearing) is an admission of liability for the full amount of the civil
penalty assessed in the notice of violation and the costs of the hearing,
and constitutes a waiver of the right to appeal.
(Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance 7130 adopted 3/17/20)
(A) Contents.
If, after a hearing, the hearing officer finds a person liable
for a violation under this article, an order of liability shall be
issued which shall contain a statement:
(1) Finding
the person charged liable for the violation;
(2) Of
the amount of civil penalties, fees, and court costs;
(3) Of
the right to appeal to the Municipal Court before the thirty-first
day after the date the hearing officer’s order is filed; and
(4) That
the order issued by the hearing officer may be enforced by the filing
of a civil suit for collection of the administrative penalties, fees,
and costs of court.
(B) Notification.
Within seven days after filing an order of liability issued
under this article, the hearing officer shall notify the person against
whom an administrative penalty has been assessed of the issuance of
the order. An order of liability issued under this article shall be
in writing and may be served personally upon the person charged, or
by first class United States mail. An order that is mailed shall be
mailed to the last known address of the person charged, and is presumed
to have been received on the fifth day after the date the order was
mailed.
(C) Filing.
An order issued by the hearing officer under this article shall
be filed with the City Secretary and shall be kept in a separate index
and file. The order may be recorded using microfilm, microfiche, or
data processing techniques.
(D) Order
is final if not timely appealed.
If a person found liable
for a violation does not timely appeal the hearing officer’s
order, the hearing officer’s order shall become a final judgment
enforceable as provided by law.
(E) Failure
to timely file appeal; effect.
A person who does not
file a timely appeal of a determination of the hearing officer shall
pay all civil penalties, costs, and fees assessed by the hearing officer
before the thirty-first day after the date the hearing officer’s
determination is filed with the City Secretary.
(Ordinance 7103, sec. 1, adopted 11/5/19)
(A) Appeal
to municipal court.
A person who is found liable after an administrative adjudication hearing may appeal to the Municipal Court by filing a notice of appeal with the Clerk of the Municipal Court. The notice of appeal must be filed not later than the thirty-first day after the date on which the hearing officer entered the finding of liability and shall be accompanied by the payment of an appellate filing fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10. A person appealing the decision of the hearing officer may request a jury trial by paying a jury fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section
10.85, of Chapter
10. If the presiding judge of the Municipal Court determines that the person found liable for a violation by the hearing officer is indigent and financially unable to pay the costs of appeal, the presiding judge may order a waiver of those costs.
(B) Effect
of filing.
An appeal stays the enforcement and collection
of the judgment.
(C) Standard
on appeal.
The Municipal Court Judge or conduct a hearing de novo, under the procedures for a hearing officer as set out in Section
24.49. At the conclusion of the hearing, the Municipal Judge shall issue an order stating whether the person charged with a violation is liable for the violation and the amount of any penalty, cost, or fee assessed against the person. The ruling of a Municipal Court Judge in an appeal under this article is a final judgment.
(D) Standard
of proof.
In an appeal under this article, the alleged
violation must be proven by a preponderance of the evidence.
(E) Proof
of facts.
In an appeal under this article, a violation
may not be proven merely by the allegations contained in the notice
of violation alone, but the allegations in the citation along with
photographs, if any, of the vehicle depicting the violation, shall
be rebuttable proof of the facts contained in the citation and depicted
in the photograph(s). On appeal, it is presumed that the registered
owner of the vehicle for which the citation was issued is the person
who stopped, stood, or parked the vehicle at the time and place of
the parking violation. Proof of ownership may be made by a computer-generated
record of the registration of the vehicle with the Texas Department
of Motor Vehicles computer-generated record showing the name of the
person to whom state license plates were issued. This proof is prima
facie evidence of the ownership of the vehicle by the person to whom
the certificate of registration was issued.
(F) Rules
of evidence inapplicable; admissibility.
The formal rules
of evidence and procedure do not apply to an appeal hearing under
this article, and relevant evidence will be admitted if the Court
finds that evidence is of that quality which reasonable persons are
accustomed to rely on in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule to the contrary.
(G) Right
to call and examine witnesses.
Each party shall have
the right to call and examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses on any matter relevant to the issues;
and to rebut the opposing party’s evidence.
(H) Payment
of penalties.
If the Municipal Court Judge affirms the
decision of the hearing officer, all penalties, fees, or costs assessed
by the hearing officer shall be paid within 30 days of the date of
the Municipal Court Judge’s ruling.
(Ordinance 7103, sec. 1, adopted 11/5/19; Ordinance
7363 adopted 9/6/2022)
The City Attorney may enforce an order issued under this article
against a person charged with a violation by filing a civil suit for
the collection of a penalty assessed against the person and for any
other order or relief to which the City may be entitled.
(Ordinance 7103, sec. 1, adopted 11/5/19)