(a)
Ordinances prohibiting parking on specific streets or portions of
streets have not been included in this code, but all such ordinances
are on file in the town secretary’s office and are specifically
saved from repeal upon adoption of the Code of Ordinances. No person
shall park, stop, or stand any motor vehicle, boat, trailer, recreational
vehicle, or camper on the portions of the named streets on file in
the town secretary’s office.
(b)
It shall be unlawful to park a commercial semi-tractor, tractor-trailer
rig, or any trailer of more than fifteen feet (15') in length on any
public street or roadway for any purpose other than loading or unloading,
and in no case shall such vehicle or trailer be parked on a public
street or roadway overnight.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
For the purposes of this article, the definitions provided by
the Texas Transportation Code shall apply unless the context clearly
indicates or requires a different meaning.
Includes standard traffic regulatory, advisory and informational
signs and pavement and/or curb markings approved by the traffic director.
An electronic device that can disengage the ignition lock
of a motor vehicle and activate the ignition without inserting a key
in the ignition.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
The town traffic director shall determine upon what streets
angle parking shall be permitted and shall mark or sign such streets,
but such angle parking shall not be indicated upon any federal-aid
or state highway within the town unless the Texas Department of Transportation
has determined that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
The town traffic director is hereby authorized to determine
the location of approved loading zones and passenger loading zones
and shall place and maintain appropriate signs and/or markings indicating
the same and stating the hours during which such restrictions are
applicable. If the town traffic director does not erect a sign or
a marking indicating the hours when restrictions under this section
are applicable, the restrictions are deemed to be effective 24 hours
per day.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
An operator may not leave a vehicle unattended without stopping
the engine, removing the key from the ignition switch and locking
the ignition switch (or removing the smart key from the passenger
compartment for vehicles with keyless ignition systems in a manner
that prevents an unauthorized operator to use the smart key to activate
the ignition), and–if standing on a grade– setting the
parking brake effectively and turning the front wheels to the curb
or side of the highway.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
(a)
An operator may not stop, stand, or park a vehicle:
(1)
On the roadway side of a vehicle stopped or parked at the edge or
curb of a street;
(2)
On a sidewalk;
(3)
In an intersection;
(4)
On a crosswalk;
(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 town traffic director 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;
(8)
On a railroad track; or
(9)
Where an official sign prohibits stopping.
(b)
An operator may not, except momentarily to pick up or discharge a
passenger, stand or park an occupied or unoccupied vehicle:
(1)
In front of a public or private driveway;
(2)
Within 15 feet of a fire hydrant;
(3)
Within 20 feet of a crosswalk at an intersection;
(4)
Within 30 feet on the approach to a flashing signal, stop sign, yield
sign, or traffic-control signal located at the side of a roadway;
(5)
Within 20 feet of the driveway entrance to a fire station and on
the side of a street opposite the entrance to a fire station within
75 feet of the entrance, if the entrance is properly marked with a
sign; or
(6)
Where an official sign prohibits standing.
(d)
A person may stop, stand, or park a bicycle on a sidewalk if the
bicycle does not impede the normal and reasonable movement of pedestrian
or other traffic on the sidewalk.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
(a)
No person shall park any vehicle upon a street, other than an alley,
in such a manner or under such conditions as to leave available less
than ten feet of the width of the roadway for the free movement of
vehicular traffic.
(b)
No person shall park any vehicle upon the street in such a manner
or under such conditions as to cause the obstruction of pedestrian
traffic on the sidewalk area.
(c)
No person shall park any vehicle upon the street within 25 feet of
a construction site or construction barricades.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
(a)
Authority.
Any vehicle which shall be, or remain, standing or parked upon any public street, avenue, way, alley, or other public place may be removed by or upon order of the chief of police, or any police officer designated by the chief of police, and placed in storage in a privately operated garage or other place designated or maintained by the town, under the following circumstances set forth in subsection (b) of this section.
(b)
Removal and storage circumstances.
The circumstance
for removal and placement in storage is when any vehicle is left standing
or parked unattended for more than 24 hours in violation of any applicable
section of this code, the state law or town ordinances, rules or regulations;
provided that, in the event such vehicle is parked or standing immediately
in front of or immediately adjacent to property owned by the owner
of such vehicle, or property rented by such owner, before such vehicle
shall be removed, the owner thereof shall be given written notice
after the expiration of 24 hours and 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 in the United States mail,
addressed to the owner at the address given on the registration receipt
of the vehicle, or his last known address. Any vehicle moved during
any given 24-hour period and relocated within 100 feet from the original
parking space shall not be entitled to have the 24-hour period tolled.
(c)
Notice to owner.
Should a vehicle be removed under the
provisions of this section, a notice shall be mailed on or before
the next business day after the vehicle is towed for a vehicle registered
in the state, and no later than the fourteenth calendar day after
the vehicle is towed for a vehicle registered outside of the state,
to the owner of the vehicle by certified mail, return receipt requested,
at the last address shown for the owner according to the vehicle’s
registration records. Said notice shall state a description of the
vehicle, that the vehicle was parked in violation of this division,
a description of the location where the vehicle was parked, that the
vehicle was towed and stored at the expense of the owner or operator
of the vehicle, and a telephone number that is generally answered
24 hours per day to enable the owner or operator to locate the vehicle.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
The provisions of section 12.03.008 shall not be construed to relieve from or lessen the responsibility of any person who shall leave his vehicle parked on the streets of the town in such a manner that the vehicle may be impounded; nor shall the town be held as assuming any liability by reason of impounding or causing to be impounded such vehicle.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
(a)
The town traffic director with the concurrence of the chief of police
may issue special permits for a definite period of time to allow parking
of an unusual nature which may be contrary to or in violation of any
of the provisions of this article.
(b)
It shall be unlawful for any person to use a permit provided under subsection (a) of this section for purposes, places, or times other than those which are clearly indicated in the written permit.
(c)
It shall be unlawful for any person other than those named in the
permit to use such permit for any purpose whatsoever.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
(a)
Designation.
For the purpose of providing a speedy and
unobstructed passage for fire equipment of the town en route to extinguish
a fire or to protect property from fire or for access to water hydrants,
the fire marshal is hereby authorized and empowered to establish and
designate fire lanes upon the premises of any business, commercial,
or industrial establishment, or multiple-family dwelling or upon public
property for the purpose of providing access to such property for
firefighting equipment.
(b)
Marking.
When a fire lane is designated in accordance with subsection (a) of this section, the fire marshal shall cause to be marked along the perimeter of such fire lane, with conspicuous signs, which comply with the International Fire Code as adopted by the town.
(c)
Parking of nonemergency vehicles declared unlawful.
It shall be unlawful for any person to park, stop or leave standing
any nonemergency vehicle, whether attended or unattended, in a designated
fire lane; except for the immediate loading or discharging of passengers
or to comply with other traffic-control devices.
(d)
Penalty.
Any person violating any of the provisions
of this section shall be punished by a penalty of fine not to exceed
the sum of $2,000.00 or the highest amount allowed by law, whichever
is less, for each offense and each and every day such offense shall
continue shall be deemed to constitute a separate offense.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
It shall be unlawful for any person, or any owner, to leave,
park, or stand any truck tractor, semitrailer, bus, truck or trailer
with a rated capacity in excess of 1-1/2 tons, according to the manufacturer’s
classification, upon nonresidentially zoned property unless such parking
or standing is in conjunction with an accessory to an approved on-premises
use.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
(a)
In any prosecution for an offense under state law involving the stopping,
standing, or parking of an unattended motor vehicle, it is presumed
that the registered owner of the vehicle is the person who stopped,
stood, or parked the vehicle at the time and place the offense occurred.
A computer-generated record of the Texas Department of Transportations’
files showing the current registered owner is prima facie evidence
of the contents of the record.
(b)
For all provisions of this chapter that prohibit the stopping, standing,
or parking of an unattended motor vehicle, a registered owner of a
motor vehicle commits an offense by causing, allowing, permitting,
or suffering another person to stop, stand, or park that motor vehicle
in violation of this article. If any registered owner of a vehicle
operated in violation of this article is a corporation, trust, partnership,
or other legal construct, the president, secretary, or treasurer of
such corporation, the trustee(s) of such trust, the general partner(s)
of such partnership, or any manager, agent, or employee of such legal
construct are severally responsible for such violation and the penalty
provided therefor.
(c)
The registered owner and the operator of the vehicle, when not the
same, are jointly and severally responsible to the town for a violation
of this article relating to stopping, standing, or parking.
(d)
The registered owner will not be held liable if the registered owner
proves (in the manner of an affirmative defense under Texas Penal
Code section 2.04) that the vehicle was operated without his or her
express or implied consent. A report made to police that the registered
owner’s vehicle was stolen shall be prima facie evidence that
the operation of the vehicle was without the registered owner’s
consent, so long as the report was made prior to the violation in
question.
(e)
A registered owner in the business of renting vehicles will not be
held liable if the lessor supplies a sworn affidavit to the town which
provides:
(1)
All information necessary to verify the registered owner’s
status as a lessor of motor vehicles;
(2)
That no employee or agent of the lessor was operating the vehicle
at the time of the offense;
(3)
Includes the lessee’s full name, current address information,
and driver’s license number; and
(4)
An attached copy of the signed rental agreement listing all persons
authorized to operate the rental vehicle.
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Said affidavit must be received by the town no later than 30
days following the date of violation to claim the exemption from liability
provided by this subsection. This section does not prohibit anyone
engaged in the business of renting motor vehicles from accepting liability
for an operator’s violation of this article and pursuing compensation
from the lessee in accordance with the provisions of a rental contract
or other law.
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(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, be subject to a fine in accordance with section 1.01.009 of this code.
(Ordinance 2014-8-5A, sec. 2, adopted 8/5/14)
Any person, firm, or corporation violating any of the provisions
of this division shall be deemed guilty of a misdemeanor and upon
conviction be subject to a fine in accordance with the general provisions
of the town Code of Ordinances.
(1998 Code, sec. 100.99)
(a)
No person shall park, stop, or stand on public or private property
any motor vehicle, boat, trailer, recreational vehicle, or camper
(collectively called “vehicle” or “vehicles”)
having displayed thereon any writing indicating that such vehicle
is for sale and which is visible from a public roadway. However, a
vehicle thus indicated for sale may be parked on a lot, parcel, or
tract of land owned or occupied by the registered owner of said vehicle
under the following conditions:
(1)
The vehicle is registered to the same address at which it is presented
for sale;
(2)
The period during which the vehicle is permitted for sale on any
one lot, parcel, or tract of land does not exceed 30 days in duration
in any single calendar year;
(3)
No more than one vehicle is presented for sale on the premises of
the owner/occupier at the same time; and
(4)
The vehicle presented for sale in no way encroaches on or interferes
with the public way or otherwise obscures the vision of vehicular
or pedestrian traffic on any public roadway so as to cause a safety
hazard.
(b)
A violation of this section shall constitute a class C misdemeanor.
(c)
The provisions of this division shall not apply to a vehicle parked
in an area having both a certificate of occupancy issued by the town
for the sale of vehicles and a license from the state department of
transportation for the sale of vehicles at that location, nor shall
it apply in an area that is designed and used for the purpose of parking
a vehicle while the owner of said vehicle is transacting business
thereon.
(1998 Code, sec. 100.01)
(a)
The town manager or his or her designee may, after receiving authorization
from the town police department, without the consent of the owner
or operator of a vehicle parked in violation of this division, cause
the vehicle and any property on or in the vehicle to be removed or
stored at a vehicle storage facility at the owner’s or operator’s
expense.
(b)
Prior to a vehicle being towed, the owner or operator of the vehicle
must receive actual notice that the vehicle is in violation of this
division and that it will be towed and stored at the vehicle owner’s
or operator’s expense if it is not removed.
(c)
If actual notice cannot be determined, a conspicuous notice shall
be attached to the vehicle’s front windshield or, if the vehicle
has no front windshield, to a conspicuous part of the vehicle. Said
notice shall state that the vehicle is in violation of this division
and that the vehicle will be towed and stored at the owner’s
or operator’s expense if it is not removed from the area within
72 hours.
(1998 Code, sec. 100.02)
Should a vehicle be towed under the provisions of this division,
a notice must be mailed on the next business day after the vehicle
is towed for a vehicle registered in the state, and no later than
the fourteenth calendar day after the vehicle is towed for a vehicle
registered outside of the state, to the owner of the vehicle by certified
mail, return receipt requested, at the last address shown for the
owner according to the vehicle’s registration records. Said
notice shall state a description of the vehicle, that the vehicle
was parked in violation of this division, a description of the location
where the vehicle was parked, that the vehicle was towed and stored
at the expense of the owner or operator of the vehicle, and a telephone
number that is generally answered 24 hours per day to enable the owner
or operator to locate the vehicle.
(1998 Code, sec. 100.03)
