(a)
Title.
This article shall be commonly cited as the revised
parking ordinance.
(b)
Scope.
This article applies to all parking of vehicles
within the incorporated municipal boundaries (i.e., “city limits”).
(Ordinance 2016-01-01, sec. 1, adopted 1/5/16)
Words and phrases used in this article shall have the meanings
set forth in this section. Terms that are not defined below, but are
defined elsewhere in the Code of Ordinances, shall be given the meanings
set forth in the code. Words and phrases not defined in the Code of
Ordinances shall be given their common, ordinary meaning unless the
context clearly requires otherwise. When not inconsistent with the
context, words used in the present tense shall include the future
tense, words in the plural number shall include the singular number
(and vice versa), and words in the masculine gender shall include
the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
Any narrow street used primarily for vehicular service access
to the back or the side of properties otherwise abutting on a street
and having no legal or official name other than “alley.”
Every motor vehicle designed for carrying more than ten (10)
passengers and used for the commercial transportation of persons.
A folding or collapsible vehicular structure, without its
own power, designed as temporary living quarters for travel, camping,
recreation, and vacation use which is licensed and registered for
highway use.
Any motor vehicle designed or used for the transportation
of property, not including a passenger bus, passenger automobile,
motorcycle, or pickup truck, but including any other type truck, tractor,
trailer, semitrailer, pole trailer or any combination thereof which
has a gross registered carrying capacity of more than 4,000 pounds.
A commercial vehicle is a vehicle that has graphics advertising
a business, panel van, truck, truck-tractor, trailer, or semi-trailer,
or combination of such vehicles with a total of three (3) or more
axles.
The lateral lines of a roadway, whether constructed above
grade or not, which are not intended for vehicular travel.
A roadway or highway divided into two roadways by leaving
an intervening space or by a physical barrier, or clearly indicated
dividing section, between the two roadways.
A street, roadway, or highway in the city with the following
features:
The following roadways are designated as a four-lane divided
roadway with time restricted parking:
Divided by a barrier, island, median strip, or nature feature;
The flow of traffic on each side of the divider flows in generally
opposite directions; and
Where traffic flows fluctuate based on time of day, requiring
the full travel way to be used for vehicle movement part of the time
and parking of vehicles along the curb during other times.
The following roadways are designated as a four-lane divided
roadway with time restricted parking: Presidents Boulevard between
Main Street and two hundred and fifty feet (250') south of Hayes Avenue.
A vehicular structure without its own motive power designed
primarily for the transportation of horses or stock which, in combination
with the towing vehicle, is currently licensed and registered for
highway use.
A surface that consists of materials other than dirt or grass
such as, but not limited to, concrete, asphalt, rock, pavestone, etc.,
and must be attached to the ground surface.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
That area or portion of a divided street, road, or highway
within the city separating the two roadways of said street, road,
or highway and shall be held to include the curb, if any, at the outer
edge of said area.
Living quarters equipped or used for sleeping and eating
which may be moved from one location to another over a public street
by being pulled behind a motor vehicle.
A vehicular unit built on or as part of a self-propelled
motor vehicle chassis, primarily designed to provide temporary living
quarters for travel, camping, recreation, and vacation use, and is
licensed and registered for highway use. Conversion vans are exempted.
Any person in control of a vehicle, including a railroad
train or vehicle being towed.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
Certain hours during the day at which times standing, parking,
or stopping of a vehicle is prohibited along the curb of designated
streets as indicated by signs authorized by the traffic administrator.
A vehicular unit that is visible at any time of the year
from a public place or public right-of-way.
A vehicle designed or converted to be a temporary home while
traveling or camping. RV includes camper-trailers, motor homes, travel
trailers and pickup campers. RV specifically excludes all commercial
vehicles.
Any tract of land that is used for residential purposes and/or
the portion of a street and/or right-of-way directly abutting said
tract of land.
A passenger car, passenger van, sport utility vehicle, pickup
or motorcycle that is currently registered at the location for which
the resident seeks a special weekend parking permit.
An area of a public street or highway within the city and
in the vicinity of a public or private school and upon which children
of school age walk or cross at certain times of the day on school
days.
Fully concealed from public view.
The person, or his authorized representative, designated
by the city council to exercise the powers and duties conferred upon
him by this article as well as by the laws of the state vesting powers
in local traffic authorities.
A horse or stock trailer, utility trailer, camper-trailer,
and/or watercraft trailer.
A rigid structure, without its own motive power, designed
as a temporary dwelling for travel, camping, recreation and vacation
use, which is licensed and registered for highway use and which when
equipped for the road has a body width of not more than eight feet.
A portable structure, without its own motive power, designed
to be mounted on a power vehicle as a temporary dwelling for travel,
camping, recreation and vacation use, and which in combination with
the carrying vehicle is licensed and registered for highway use.
A vehicular structure, without its own motive power, designed
and/or used for the transportation of all manner of vehicles, livestock,
goods and materials and is currently licensed or registered for highway
use.
A self-propelled device that can be or is intended to be
used to transport or draw persons and/or property on a highway or
street, including but not limited to a car, truck, trailer, truck-tractor,
semi-truck, tractor-trailer, 18-wheeler and/or motorcycle.
A boat or any device used or capable of being used for navigation
on water.
A vehicular structure without its own motive power, specifically
designed to transport watercraft for recreation and vacation use and
which is currently licensed and registered for highway use.
For purposes related to a Presidents Blvd. special weekend
parking permit the weekend shall be from 6:00 p.m. Friday evening
until 6:00 a.m. Monday morning.
(Ordinance 2016-01-01, sec. 2, adopted 1/5/16; Ordinance
2022-10-07 adopted 10/18/2022; Ordinance 2022-12-05 adopted 12/20/2022; Ordinance
2023-06-01 adopted 6/6/2023)
(a)
It shall be unlawful for any person to stop, stand or park a vehicle
at any place prohibited by the applicable laws of the state.
(b)
It shall be unlawful for any person to stop, stand, or park any vehicle
at any time upon any public street, alley, public place, or fire lane
when signs are erected or curbs painted giving notice that parking
there is prohibited, including, but not limited to:
(c)
It shall be unlawful for any person to park any motor vehicle upon
any public street, alley, or public property of any nature in the
city for the purpose of greasing, changing oil, or repairing such
vehicle, except repairs necessitated by an emergency.
(d)
With the exception of it being allowable to have one vehicle for
sale on the street in front of a person’s home if parked properly,
it shall be unlawful for any person to sell or exhibit property of
any nature upon any public street, alley, or public property of any
nature in the city.
(e)
It shall be unlawful for any person to park a motor vehicle in or
upon any median strip as that term is defined herein.
(f)
It shall be unlawful for any person to park a motor vehicle in front
of a public or private driveway or within three feet of the curved
portion of any such driveway without the effective consent of the
owner of the property on which the driveway is located.
(g)
It shall be unlawful for a person to park a motor vehicle on a street
in a residential area if the passenger-side wheels of such vehicle
are not parallel to and within eighteen (18) inches of the curb or
edge of pavement.
(h)
It shall be unlawful for a person to park a motor vehicle in such
a manner as to restrict the free flow of traffic on the street and
with insufficient clearance for emergency responders to safely and
swiftly pass the parked vehicle.
(i)
(Reserved)
(j)
It shall be unlawful for a person to park a semi-truck cab, bus,
watercraft, and/or commercial motor vehicle on the street in a residential
area, except for purposes of loading or unloading passengers, freight,
or merchandise.
(k)
On residential lots less than 1 full acre, it shall be unlawful for
any person to park any of the following between a lot’s front
building line and the edge of pavement of the street unless parked
on a paved or improved surface: motor vehicle, truck camper in combination
with its carrying vehicle, watercraft loaded on a watercraft trailer,
watercraft, collapsible camper-trailer, trailer, motor home, or farming
equipment.
(l)
(1)
It shall be unlawful for a person to park any vehicle, trailer, watercraft,
farming equipment, mobile home, or motor home on a private drive or
driveway in such a manner that it extends onto the sidewalk or into
the street.
(m)
(1)
It shall be unlawful for a person to perform repair work, dismantling
or assembly of motor vehicles, trailers, watercraft, campers, motor
homes or other machinery on any public street or public right-of-way.
(2)
It shall be unlawful for a person to perform repair work, dismantling
or assembly of motor vehicles, trailers, watercraft, campers, motor
homes or other machinery in any driveway in a residential area to
the extent such work takes more than seventy-two (72) consecutive
hours to complete.
(n)
(1)
It shall be unlawful for a person to park and/or store a motor vehicle,
truck camper, trailer, or watercraft being occupied or used for living
or sleeping. Nonpaying guests of the residents of a household are
exempted for periods not to exceed fourteen (14) days in any thirty
(30) day period.
(2)
Notwithstanding any other provision, it shall be unlawful for a person
to park and/or store a motor vehicle, truck camper, trailer, watercraft
or motorhome on any public street or right-of-way being occupied or
used for living or sleeping.
(o)
(1)
It shall be unlawful for a person to park, stand, or store a motor
vehicle, trailer, or watercraft in such manner as to create a dangerous
or unsafe condition.
(2)
Parking, standing, and/or storing any motor vehicle, trailer, or
watercraft in such a fashion that such may tip or roll shall be considered
a dangerous and unsafe condition.
(p)
It shall be unlawful for a person to park, stand or stop a motor
vehicle with the driver’s door to the curb or what is commonly
known as “wrong way parking” except on a one-way street
that allows parking on the left side of the street.
(q)
Except as noted in subsection (r) it shall be unlawful for person to park or allow to be parked on any property zoned as residential:
(s)
Unless different times are designated on a four-lane divided roadway
with time restricted parking, it shall be unlawful for a person to
park a vehicle along such roadway between the hours of 6:00 a.m. and
6:00 p.m.
(Ordinance 2016-01-01, sec. 3, adopted 1/5/16; Ordinance 2018-12-01 adopted 12/4/18; Ordinance
2021-08-07 adopted 8/17/21; Ordinance 2022-10-07 adopted 10/18/2022; Ordinance
2022-12-05 adopted 12/20/2022; Ordinance 2023-06-01 adopted 6/6/2023)
(a)
Enforcement.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby declared to be
a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article, and other available relief.
(d)
Towing of vehicle.
Any vehicle found to be in violation
of this article may be towed by order of a police officer. Any and
all expenses related to the towing and storage shall be the responsibility
of the owner of the vehicle and shall be in addition to any fines
or fees.
(e)
Presumption that owner of vehicle is responsible for violation.
If the vehicle is unoccupied it shall be assumed that the owner
parked the vehicle.
(f)
Attachment of summons to vehicle.
Since unlawfully parked
cars often are unattended, officers may issue a traffic summons to
the owner of the vehicle. If an owner cannot be located, an officer
may leave the summons on the vehicle in a conspicuous place such as
under the windshield wiper.
(g)
Contents of summons.
An officer issuing a traffic summons
to an unattended vehicle may use the registered owner as the defendant
and may omit any unavailable information for the summons.
(Ordinance 2016-01-01, sec. 6, adopted 1/5/16; Ordinance adopting 2018 Code)
(a)
A person wishing to park an RV or watercraft trailer on a residential
street may apply for a temporary extended hours parking permit to
the city police department during normal business hours.
(b)
An application for a temporary extended hours parking permit must
be received at the city police department no less than 2 days prior
to the date for which the permit is requested.
(c)
An application for a temporary extended hours parking permit must
include:
(1)
The name of the person responsible for parking the vehicle;
(2)
The home address of the person responsible for parking the vehicle;
(3)
A current phone number for the person parking the vehicle;
(4)
A description of the RV or watercraft trailer, including make, model,
color and year of manufacture;
(5)
The registration number and state of issuance for the RV or watercraft
trailer;
(6)
The date of request;
(7)
The date and times the vehicle will be parked (not to exceed a total
of 16 hours in any given 24-hour period);
(8)
A description of where the RV or watercraft trailer will be parked
(the location must be adjacent to property owned or under the control
of the person listed on the application); and
(9)
The signature of the person making the application.
(d)
The chief of police or his designee may issue or decline to issue
temporary extended hours parking permits at their discretion.
(e)
A temporary extended hours parking permit may include a second date
and time validation for the purpose of returning from the use of the
RV or watercraft trailer. The end of the original permit and the beginning
of the return permit may not be less than 5 hours apart.
(f)
A temporary extended hours parking permit is invalid if the vehicle
is in violation of any law or ordinance.
(g)
A temporary extended hours parking permit must be displayed on dashboard
if applicable or on the rear and to the roadside of the RV or watercraft
trailer and must be visible and readable to officers driving past
the parked RV or watercraft trailer.
(h)
A temporary extended hours parking permit used or displayed in any
manner not consistent with this chapter is invalid.
(Ordinance 2022-12-05 adopted 12/20/2022)
(a)
A person wishing to park a car, passenger van, sport utility
vehicle, pickup or motorcycle on Presidents Blvd. over the weekend
may apply to the Lavon police department during normal business hours
for a Presidents Blvd. special weekend parking permit.
(b)
Residents whose side yards abut Presidents Blvd. are eligible
to apply for a Presidents Blvd. special weekend parking permit.
(c)
Only vehicles registered to residents of the homes whose side
yard abuts Presidents Blvd. are eligible to park on Presidents Blvd.
with a Presidents Blvd. special weekend parking permit.
(d)
The following vehicles are not eligible for a Presidents Blvd.
special weekend parking permit: commercial vehicles, boats, campers,
trailers, or recreational vehicles.
(e)
An application for Presidents Blvd. special weekend parking
permit shall contain the following information:
(1)
The name of the person responsible for parking the vehicle.
(2)
The home address of the person responsible for parking the vehicle.
(3)
A current phone number for the person parking the vehicle.
(4)
A description of the vehicle, including make, model, color,
and year of manufacture.
(5)
The registration number and state of issuance for the vehicle.
(6)
The date of request.
(7)
A signature of the applicant acknowledging the limitation on
the Presidents Blvd. special weekend parking permit and attesting
that they and their vehicle meet all eligibility requirements for
a permit.
(f)
The chief of police or his designee may issue or decline to
issue a Presidents Blvd. special weekend parking permit at their discretion.
(g)
A Presidents Blvd. special weekend parking permit is valid for
a year and is valid only for the year displayed on its face.
(h)
A Presidents Blvd. special weekend parking permit is invalid
if the vehicle is in violation of any law or ordinance.
(i)
A Presidents Blvd. special weekend parking permit is invalid
if the vehicle registration is not current.
(j)
A Presidents Blvd. special weekend parking permit must be displayed
on the dash or hung from the mirror of the vehicle while parked and
be clearly visible to officers for inspection of the permit.
(k)
A Presidents Blvd. special weekend parking permit used or displayed
in any manner not consistent with this chapter is invalid.
(Ordinance 2023-06-01 adopted 6/6/2023)
