The purpose of this article is to preserve the health, safety and general welfare of the citizens of the city, motorists, and pedestrians by the regulation of parking and storing motor vehicles, recreational vehicles and utility trailers and to preserve the health, safety and general welfare of persons and property in the city, by regulating parking of motor vehicles, recreational vehicles and utility trailers which impede crime prevention in the city, which detract from the appearance and character of the city, and which frequently are impediments to the ingress and egress of emergency and fire protection vehicles and equipment.
(Ordinance 682-2017 adopted 6/15/17)
When used in this article, the following terms and words shall have the meaning respectively ascribed to them in this section, unless the context clearly indicates otherwise.
Authorized parking enforcement agent.
Any city police officer or city employee designated by the chief of police or the city manager to enforce the provisions of this article.
Approved surface.
Whatever parking surface existed at the time of passage of the ordinance adopting the parking regulations of this article in the year 2017 and which surface is approved by the city in writing. The term “approved surface” also includes a paved surface.
Commercial area or commercial property.
Any area of the city that is not a residential area as defined in this chapter, including but not limited to the C-1, C-2, and I zoning districts, any commercial planned development, and any nonresidential property existing as a legal, nonconforming use.
Commercial motor vehicle.
Any motor vehicle including, but not limited to: trucks, van, road tractors, street or suburban buses, or semi-tractors; but this term does not include motorcycles, passenger cars or trucks with a registered or rated net carrying capacity of 1-1/2 tons or less, designed or used primarily for the transportation of property and/or people.
Commercial equipment.
Any self-propelled or towable device that is used for profit which carries personal property or moves dirt, sand or gravel or compacts dirt, sand or gravel, and shall include semi-trailers and trailers of any shape or design but shall not include recreational vehicles and trailers which are primarily used for recreational purposes, and non-commercial utility trailers.
Disabled parking placard.
The placard issued by the state under section 681.002 of the Texas Transportation Code, as amended.
Disabled person.
A person who has a permanent or temporary disability within the meaning of section 681.001 of the Texas Transportation Code, as amended, and who has applied for and received:
(1) 
A disabled person or disabled veteran license plate from the state;
(2) 
A disabled placard from the state; or
(3) 
A license plate or placard bearing the international symbol of access issued by a U.S. state or by a state or province of a foreign country.
Disabled person license plate.
The specially designed license plate of a vehicle, issued by the state to a permanently disabled person under section 504.201 of the Texas Transportation Code, as amended.
Disabled veteran license plate.
The specially designed license plate of a vehicle, issued the state to a disabled veteran under section 504.202 of the Texas Transportation Code, as amended.
International symbol of access.
The meaning assigned in section 681.001 of the Texas Transportation Code, as amended.
Motor vehicle.
A self-propelled vehicle authorized and/or licenses to be driven on a public street or highway, and is not an abandoned or junk vehicle as defined in chapter 8, article 8.05 of this code, as amended. Unless the term “commercial motor vehicle” is used in this article, the term “motor vehicle” includes “commercial motor vehicle.”
Recreational vehicle.
A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, self-propelled or towable, and designed primarily not for use as a permanent dwelling unit, but as temporary living quarters for recreational, camping, travel, or seasonal use. The term “recreational vehicle” includes but is not limited to pick-up truck campers, boats, boat trailers, and similar vehicles. The term “recreational vehicle” includes travel trailers of any kind that are used as a dwelling intended for short-term occupancy, travel, and/or recreation, including but not limited to travel trailers towed behind a motor vehicle, fifth-wheels, toy haulers, pop-up campers, pop-up coaches, and tent trailers.
Residential area or residential property.
Any area of the city zoned or used for residential purposes, including but not limited to A, R-1L, R-1, R-2, R-3, R-4, and MH districts, any residential planned development, and any residential property existing as a legal, nonconforming use.
Street.
Any public or private roadway, fire lane, accessway or alley.
State-issued disability designation.
A disabled parking placard, disabled person license plate, and disabled veteran license plate.
Unimproved street.
A street that is not concrete with curb and gutter.
Utility trailer.
A structure having no foundation other than a chassis with wheels and is designed to be used for carrying or transporting any kind of personal property, and is towed behind a motor vehicle. The term “utility trailer” does not mean “commercial equipment” as defined in this article.
(Ordinance 682-2017 adopted 6/15/17)
A person commits an offense, if as the operator of a motor vehicle, he parks, stops, or stands the motor vehicle in violation of an official sign, curb marking, or street marking prohibiting, regulating, or restricting the parking, stopping or standing of a motor vehicle.
(Ordinance 682-2017 adopted 6/15/17)
(a) 
A person commits an offense if the person parks, stands, or stops a motor vehicle or recreational vehicle and leaves it unattended on any public or private property in the city without:
(1) 
Stopping the engine;
(2) 
Locking the ignition;
(3) 
Removing the key from the ignition; and
(4) 
Effectively setting the brake on the vehicle.
(b) 
It is an exception, and the above requirements do not apply, if an unattended motor vehicle or recreational vehicle is parked in a private, single-family, residential driveway in accordance with this article, or if an unattended motor vehicle or recreational vehicle in any off-street location is rendered undriveable by an antitheft device with no key in the ignition.
(c) 
Presumed left by owner:
(1) 
When a motor vehicle or recreational vehicle is found unattended or unoccupied upon a street, highway, alley, or other place in violation of any provision of this article, in a prosecution for an offense under this article it shall be presumed that the owner of the motor vehicle or recreational vehicle unlawfully parked, stopped or stood said motor vehicle or recreational vehicle.
(2) 
Proof of ownership of a motor vehicle or recreational vehicle may be made by a computer-generated record of the registration of said vehicle with the state showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the motor vehicle or recreational vehicle by the person to whom the certificate of registration was issued.
(Ordinance 682-2017 adopted 6/15/17)
When an authorized parking enforcement agent finds a motor vehicle or recreational vehicle standing upon a street or highway in violation of a provision of this article, the authorized parking enforcement agent is authorized to move said vehicle, or to require the driver or other person in charge of said vehicle to move the motor vehicle or recreational vehicle to a location off the paved or main part of the street or highway.
(Ordinance 682-2017 adopted 6/15/17)
(a) 
A person commits an offense if the person leaves parked, stopped, or standing a motor vehicle, recreational vehicle or utility trailer at a location where official signs, curb markings, or street markings prohibit such standing or parking in a residential area.
(b) 
A person commits an offense if the person leaves parked, standing or stopped a motor vehicle, recreational vehicle or utility trailer for a time period longer than permitted by official sign, curb marking, or street marking, or as otherwise prohibited by this article in a residential area.
(c) 
A person commits an offense if the person leaves parked, standing or stopped a motor vehicle or utility trailer in the front yard or side yard of a residential property, except on an approved surface. This subsection does not apply in a residential area that does not have sidewalks or pedestrian walkways and is an unimproved street, in which case parking, standing or stopping a motor vehicle in the front yard of a residential property is allowed on an unimproved surface if the motor vehicle is located no more than eighteen inches (18") from the edge of the street pavement, and is parallel to the street.
(d) 
A person commits an offense if the person leaves parked, standing, or stopped a recreational vehicle in the front yard of a residential property, except for loading and unloading purposes only and for no longer than seventy-two (72) hours. It is an express exception to this subsection that boats and boat trailers may park, stand or stop in the front yard of a residential property in compliance with subsection (c), above.
(e) 
A person commits an offense if the person leaves parked, standing or stopped a motor vehicle, recreational vehicle or utility trailer that extends over any pedestrian walkway or sidewalk or extends further than eighteen inches (18") from the back of the street curb in a residential area.
(f) 
A person commits an offense if the person leaves parked, standing, or stopped a recreational vehicle on a residential property for use as a residence or living quarters, except that use of a recreational vehicle as a guest’s or visitor’s quarters for no longer than ten (10) consecutive days, and not more than twice in a twelve (12) month period, is allowed.
(g) 
A person commits an offense if the person leaves parked, standing or stopped a recreational vehicle or utility trailer on a city right-of-way adjacent to unimproved streets in a residential area. Parallel parking of a motor vehicle on city right-of-way adjacent to unimproved streets in a residential area is permitted in a single row only, unless designated as a no-parking zone or is prohibited by an official sign, curb marking, or street marking prohibiting, regulating, or restricting the parking, stopping or standing of a motor vehicle.
(Ordinance 682-2017 adopted 6/15/17)
(a) 
A person commits an offense if the person leaves parked, stopped, or standing a motor vehicle, recreational vehicle or utility trailer at a location where official signs, curb markings, or street markings prohibit such standing or parking in a commercial area.
(b) 
A person commits an offense if the person leaves parked, standing or stopped a motor vehicle, recreational vehicle or utility trailer for a time period longer than permitted by official sign, curb marking, or street marking, or as otherwise prohibited by this article in a commercial area.
(c) 
A person commits an offense if the person leaves parked, standing or stopped a motor vehicle, recreational vehicle or utility trailer on a commercial property, except on an improved surface.
(d) 
A person commits an offense if the person leaves parked, standing, or stopped a recreational vehicle on a commercial property for use as a residence or living quarters.
(Ordinance 682-2017 adopted 6/15/17)
(a) 
Parking on public property.
Except as provided in subsection (c) of this section, no person shall park or store any commercial vehicle or commercial equipment upon any public property located in any zoning district in the city, including but not limited to public streets, alleys, rights-of-way, sidewalks, parkways, or other public property, except in designated parking spaces on such public streets or rights-of-way.
(b) 
Parking on private property.
(1) 
In a residential area.
Except as provided in subsection (c) of this section, no person shall park or store any commercial motor vehicle or commercial equipment on private property in a residential area other than in an enclosed building, constructed in compliance with all other codes and ordinances in the city.
(2) 
In a commercial area.
The parking of commercial vehicles and/or commercial equipment on private property in a commercial area is prohibited, unless parked in accordance with a conditional use permit issued by the city in accordance with the city’s zoning ordinance.
(c) 
Temporary parking.
The parking of commercial motor vehicles, and/or commercial equipment within a residential area shall be limited to the use of such vehicles or equipment in the performance of a delivery or service to the subject property for the period of time necessary to complete such delivery or service and shall be limited to temporarily leaving the commercial vehicle or commercial equipment in the event the same become disabled in the performance of delivery or service, to adjacent property in such a manner and to such an extent that it is impossible to move such vehicle or equipment until property repair and/or towing assistance can be obtained by the owner or operator of such vehicle or equipment.
(Ordinance 682-2017 adopted 6/15/17)
(a) 
Citation; towing.
Any authorized parking enforcement agent is hereby authorized to issue parking citations for any motor vehicle, recreational vehicle, utility trailer, commercial motor vehicle or commercial equipment violating any portion of this article. Except as provided in section 12.03.010, below, upon conviction under this article, the person found to be in violation shall be fined as provided for in the general penalty provisions found in section 1.01.009 of this code, and further, may have the motor vehicle, recreational vehicle, utility trailer, commercial vehicle or commercial equipment removed by towing at the expense of the owner of said vehicle, and if towed, may be impounded and detained until all towing and storage charges are paid.
(b) 
Injunctive relief.
Any violation of this article can be enjoined by a suit filed in the name of the city in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this article.
(Ordinance 682-2017 adopted 6/15/17)
(a) 
Authority to designate handicapped parking spaces and signage requirements.
(1) 
The building official of the city is hereby authorized to designate specific parking stalls, spaces or areas upon public property as disabled parking spaces. Upon the request of the owner or operator of any existing off-street parking facility, the building official of the city is authorized to approve stalls, spaces or parking areas in an off-street parking facility as handicapped parking spaces. The building official, in the approval process for off-street parking facilities, is authorized to designate stalls, spaces or parking areas in an off-street parking facility as disabled parking spaces.
(2) 
Disabled parking spaces are for the exclusive use of motor vehicles which display a distinguishing license plate, specially designated symbols, tags or other devices issued pursuant to Texas Transportation Code, sections 681.001–681.008, to disabled persons and veterans. Such stalls or spaces shall be designated by posting, at the business’ expense, of signs which comply with the requirements of chapter 681 of the Transportation Code. The dimensions of all parking spaces so designated shall comply with state department of licensing and regulation guidelines and the zoning ordinance provisions of this code.
(b) 
Use of spaces by unauthorized vehicles; towing.
A motor vehicle not displaying the proper state-issued disability designation may, at the discretion of any authorized parking enforcement agent, be towed, or otherwise removed, from a properly designated handicapped parking space at the expense of the owner of said motor vehicle and, if towed, may be impounded and detained until all towing and storing charges are paid.
(c) 
Use of designated disabled parking spaces by unauthorized vehicles is unlawful; parking citations.
(1) 
Generally.
A motor vehicle not displaying the proper state-issued disability designation which is stopped, standing, parked or left in any parking space properly designated for the exclusive use of persons with disabilities within the city may, at the discretion of any authorized parking enforcement agent, be issued a parking citation.
(2) 
Penalty.
A person commits an offense if the person violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this section, and upon conviction, shall be fined as follows:
(A) 
Except as provided by subsection (B)–(E), below, an offense under this section is a misdemeanor punishable by a fine of not less than $500.00 or more than $750.00.
(B) 
If it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by:
(i) 
A fine of not less than $500.00 or more than $800.00; and
(ii) 
10 hours of community service.
(C) 
If it is shown on the trial of an offense under this section that the person has been previously convicted two (2) times of an offense under this section, the offense is punishable by:
(i) 
A fine of not less than $550.00 or more than $800.00; and
(ii) 
Not less than twenty (20) or more than thirty (30) hours of community service.
(D) 
If it is shown on the trial of an offense under this section that the person has been previously convicted three (3) times of an offense under this section, the offense is punishable by:
(i) 
A fine not less than $800.00 or more than $1,100.00; and
(ii) 
Fifty (50) hours of community service.
(E) 
If it is shown on the trial of an offense under this section that the person has been previously convicted four (4) times of an offense under this section, the offense is punishable by:
(i) 
A fine of $1,250.00; and
(ii) 
Fifty (50) hours of community service.
(Ordinance 682-2017 adopted 6/15/17)
Whenever necessary to make an inspection to enforce any of the provisions of this article or whenever the authorized parking enforcement agent has reasonable cause to believe that there exists upon any premises any condition or violation of this article, the authorized parking enforcement agent may enter such property or premises at all reasonable times to inspect the same or to perform any duty imposed upon the authorized parking enforcement agent by this article. If such property or premises is occupied, the authorized parking enforcement agent shall first present proper credentials and request entry, and if such property or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property or premises and request entry. If such entry is refused, the city manager shall have recourse to every remedy provided by law to secure entry.
(Ordinance 682-2017 adopted 6/15/17)