(a) Definitions.
(1) Residential area.
For purposes of this
section on the regulation of off-street parking, the city is declared
and designated to be a residential area, and for on-street parking
the city is declared and designated to be a residential area with
the exception of the specifically designated areas as follows:
(A) All that certain property having road frontage on Junction Highway
from the east boundary line of the city and continuing in a westerly
and northwesterly direction along said Junction Highway to the north
boundary line of the city.
(B) All that certain property having road frontage on Highway 39 from
its intersection with Junction Highway and continuing in a westerly
direction along Highway 39 to the westerly boundary line of the city.
(C) All that certain property having road frontage on Old Ingram Loop
S. from its junction with Highway 39 on the east end and continuing
in a westerly direction to its junction at the west end of said Highway
39.
(2) Commercial vehicle.
For purposes of
this section, has the meaning assigned by section 522.003 of the Texas
Transportation Code, and includes a vehicle meeting that definition
regardless of whether the vehicle is used for a commercial purpose.
(b) On-street parking.
(1) Twenty feet of roadway to be left available for traffic.
A person shall not at any time park a motor vehicle on a public street
or its right-of-way if the parking of such vehicle will cause the
street and right-of-way to have a width for travel of less than twenty
(20) feet.
(2) Parking of commercial vehicles at night.
After 6:00
p.m. and before 6:00 a.m., a person may not park a commercial motor
vehicle or leave the parked vehicle on a street unless the commercial
vehicle:
(A) Is transporting persons or property to or from the residential area
or the person is performing work in the area; and
(B) Remains parked in the area only for the period necessary to complete
the transportation or work.
(3) Towing of vehicle.
If the offending vehicle remains
parked for 24 consecutive hours, the city marshal may have the vehicle
towed by a company authorized by statute to remove it to an approved
storage yard or facility at the expense of the owner, who shall also
be responsible for any storage fees.
(4) Notice of towing.
If the vehicle is towed pursuant to subsection
(3) above, the marshal’s office shall give notice to the registered owner of the vehicle as required by law.
(5) Prohibition of parking of commercial vehicles in specific blocks.
Upon receipt of a petition signed by not less than fifty percent
(50%) of the property owners in any city block, the city will post
signs prohibiting the parking of a commercial motor vehicle in that
block, conditioned upon the payment of the cost of providing the signs
by the residents of the requested city block.
(c) Vehicles carrying substance creating threat to public health or safety.
(1) A person may not at any time park any vehicle or leave the parked
vehicle on a street or any property within the city if the vehicle
is used for the purpose of transporting hazardous waste, garbage,
offal, human waste, fertilizer, manure, petrochemical products, flammable
products, explosive materials, carrion or other substances creating
a threat to the safety and health of the citizens, unless the vehicle
is loading the materials for removal from the premises and remains
parked only for the period necessary to complete the loading and removal
of the materials.
(2) Subsection
(c)(1) above does not apply to a vehicle parked in the areas exempted in subsections
(a)(1)(A) and
(B) of this section if:
(A) The property on which the vehicle is parked is a commercial establishment
and is the owner of the subject vehicle; and
(B) The vehicle does not constitute a threat to the safety and/or health
of the populated area.
(d) Exceptions.
Subsection
(b)(2) does not apply to a vehicle owned by a utility and:
(1) Is the size of a one and one-half ton truck or smaller;
(2) Is parked on the street at the employee’s residence;
(3) The employee is on call twenty-four (24) hours a day; and
(4) The vehicle does not transport materials prohibited by this section.
(e) Presumption that owner of vehicle is responsible for violation.
In the prosecution of any violation of this section, there is
a presumption that the registered owner of the vehicle is the person
who stopped, stood or parked the vehicle at the time of the offense.
(f) Defenses.
(1) It is an affirmative defense to prosecution under subsection
(b) of this section that, at the time of the conduct charged, the area in which the offense occurred is found not to be substantially residential in character.
(2) It is an affirmative defense to prosecution under this section that the vehicle in question is not of the character set forth in subsection
(c)(1).
(g) Penalties.
(1) A person commits an offense if the person violates any provision
of this section, and upon conviction shall be punished as follows:
(A) By a fine of not less than fifty dollars ($50.00) and not exceeding two hundred dollars ($200.00) for a violation of subsection
(b); and
(B) By a fine of not less than fifty dollars ($50.00) and not exceeding five hundred dollars ($500.00) for a violation of subsection
(c).
(C) Each day such violation continues or exists shall constitute a separate
violation.
(2) In the event the owner of the vehicle shall be a corporation, the
president, vice-president, secretary or treasurer of such corporation,
or any manager, agent or employee of such corporation, shall also
be severally liable for the penalties herein provided.
(h) Applicability of other laws.
This section shall in no
way be deemed to be in conflict with or a modification of other city
ordinances or other state laws that establish restrictions on the
parking of vehicles.
(Ordinance 080707 adopted 8/7/07; Ordinance adopting Code)
(a) Definitions.
Disability.
A condition as set forth in section 681.001 of the Texas
Transportation Code as amended from time to time and which disability
has been established so as to allow a person to obtain a disabled
parking placard pursuant to section 681.002 of the Texas Transportation
Code.
Stand or standing.
To halt an occupied or unoccupied vehicle, other than temporarily
while receiving or discharging passengers.
(b) Establishment of restricted parking areas on private property.
(1) The city marshal’s office, with approval of city council, shall
have the authority to require a private property owner or a person
who controls property used for parking:
(A) To designate one or more parking spaces or a parking area for the
exclusive use of vehicles transporting persons with disabilities;
or
(B) To conform to the standards and specifications established by ordinance
when designating a parking space or area for persons with disabilities.
(2) Any property owner who owns or controls property used for parking
may designate one or more parking spaces or a parking area for the
exclusive use of vehicles transporting persons with disabilities.
(3) Any commercial business or individual property owner establishing
disabled parking spaces or areas shall notify the city marshal’s
office in writing and shall provide a description of the area to be
so designated prior to the time of such designation.
(c) Signage and physical designation of restricted parking.
(1) Any space or area designated for restricted parking hereunder shall
be properly marked or designated as required by chapter 681, Texas
Transportation Code, as amended from time to time.
(2) As a minimum requirement, a property owner shall obtain from the
state department of transportation a design and stencil for use in
designating spaces as provided by this section and as set forth in
section 681.009(d) of the Texas Transportation Code.
(d) Offenses.
A person commits an offense if:
(1) The person stands a vehicle in a space or on property specifically
designated for individuals with disabilities and the vehicle does
not have either:
(A) A license plate issued for persons with disabilities under section
504.201 of the Texas Transportation Code;
(B) A license plate issued for veterans with disabilities under section
504.202 of the Texas Transportation Code; or
(C) A white or red shield disabled parking placard issued under section
681.002 of the Texas Transportation Code.
(2) The person stands a vehicle so that the vehicle blocks any architectural
improvement designed to aid persons with disabilities, including an
access aisle or curb ramp.
(3) The person lends a disabled parking placard issued to the person
to a person who uses the placard in violation of this section.
(4) The person stands a vehicle so that the vehicle blocks access to
the restricted parking area.
(e) Presumption that owner of vehicle is responsible for violation.
In the prosecution of any violation of this section, there is
a presumption that the registered owner of the vehicle is the person
who left the vehicle standing at the time and place the offense occurred.
(f) Penalties.
A person commits an offense if the person
violates any provision of this section, and upon conviction shall
be punished as follows:
(1) By a fine of not less than $250.00 or more than $500.00; and
(2) If it is shown on trial under this section that the person has been
previously convicted for violation of any municipal ordinance or state
law regulating parking for the disabled, the fine shall be not less
than $350.00 and not more than $500.00.
(3) Each day such violation continues or exists shall constitute a separate
violation.
(g) Applicability of other laws.
This section shall in no
way be deemed to be in conflict with or a modification of other city
ordinances or other state laws that establish restrictions on the
designation of spaces and parking for persons with disabilities.
(Ordinance 61907 adopted 6/19/07)
(a) Prohibition; minimum distance.
It is prohibited for
any person to park any vehicle or otherwise cause any obstruction
of access to any roadside postal box, including, but not limited to,
a series of single boxes or cluster boxes, as are used for the delivery
of mail by the United States Postal Service, by parking a vehicle
or placing any obstruction in the area between the public road and
the postal box(es) and within a distance of twenty feet from either
end of the box(es).
(b) Posting of signs.
The public works department is authorized
to place appropriate signs to designate “No Parking” areas
as set out herein, when the circumstances and location of the boxes
require such for proper notice to the public. However, the absence
of such signs shall not void any citation for violation hereof, but
shall be evidentiary only.
(c) Penalty.
Any person found to be in violation of this section shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine in accordance with the general penalty provided in section
1.01.009 of this code.
(Ordinance 00-12-19C adopted 12/22/00; Ordinance adopting Code)