Motor vehicle.
Any automobile, pickup, truck, moped, power-driven bicycle, motorcycle, motor scooter, or other vehicle propelled by a motor of any kind.
Public roadway.
A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
(Ordinance 2004-03 adopted 7/8/04)
(a) 
Parking of motor vehicles is prohibited or restricted at the locations identified in the schedule of prohibited and restricted parking sites (“schedule”) that is attached to and incorporated into Ordinance 2004-03 for all purpose, and along any public roadway or alley when parking is in violation of federal law, state law, or city ordinance, or when such parking will obstruct the passage of emergency or utility vehicles, or where parking restrictions are otherwise officially posted. The city council may amend the schedule from time to time upon its own motion or upon the advice of the chief of police, director of public works, or designee appointed by the mayor or city administrator, or another qualified person. It shall not be necessary to amend Ordinance 2004-03 in order to amend the schedule, provided that each amendment of the schedule is accomplished at a properly posted and conducted meeting of the city council, the amendment and nature of the prohibition or restrictions recorded on the official minutes of the meeting, and the schedule is modified to reflect the addition or deletion of a site, the nature of the prohibition or restriction may be described on the schedule by street address or other description sufficient to inform a reasonable person of its location.
(b) 
Sites at which parking may be prohibited or restricted may include any street, highway, curb, alley, sidewalk, crosswalk, intersection, road, bridge, driveway, right-of-way, borrow ditch, parking lot, or other location within the city, whether publicly or privately owned, when, in the judgment of a majority of the city council, such prohibition or restriction will enhance or maintain the safety and welfare of the public, promote the flow of traffic, prevent obstacles to traffic, or is otherwise in the best interest of the city.
(c) 
Each site that is listed on the schedule shall be properly marked by official sign or other marking readily apparent to the public and informing the public of the nature of the prohibition or restriction.
(Ordinance 2017-08 adopted 8/28/17)
When any person is charged with having parked or left standing a vehicle on any street in the city at a place on the street where parking of vehicles is prohibited, or with parking such vehicle on a street in a manner which violates the manner of parking a vehicle as designated, or with parking a vehicle for a length of time in excess of that allowed in the space where the vehicle was parked, proof that the vehicle was, at the date of the offense alleged, owned by the person charged with the offense shall constitute prima facie evidence that the vehicle was parked or left standing at the place charged by the owner, but the owner shall have the right to introduce evidence to show that the vehicle was not parked by him as charged in the complaint.
(Ordinance 2004-03 adopted 7/8/04)
(a) 
Removal of unauthorized motor vehicles.
Where the city has posted one or more signs in the right-of-way stating that parking is prohibited, the city police department or the city council or its designee shall have authority to remove an unauthorized motor vehicle parked in the right-of-way of the public roadway. A sign posted by the city must:
(1) 
State that a vehicle parked in the right-of-way may be towed at the expense of the owner or operator of the vehicle; and
(2) 
Be placed facing the public roadway on the parking facility owner’s property not more than two (2) feet from the common boundary line and at intervals so that no point in the boundary line is less than twenty-five (25) feet from a posted sign.
(b) 
Impoundment for failure to maintain financial responsibility.
The chief of police, or his designee, may order a vehicle to be impounded if, after determining that the vehicle’s operator lacks adequate financial responsibility under chapter 601, Texas Transportation Code, provided that a police officer:
(1) 
Lawfully arrests the operator of the motor vehicle for an alleged offense and the officer is required by law to take the person into custody; or
(2) 
Determines that:
(A) 
No other person having adequate financial responsibility is immediately available, on scene, to take custody of the vehicle; and
(B) 
Leaving the vehicle at the scene would endanger public safety.
(c) 
Costs for storage and removal of vehicles.
A determination of the person responsible for payment of the costs for storage and removal of a vehicle must comply with the hearing procedures established in chapter 685 of the Texas Transportation Code, as may be amended.
(Ordinance 2015-08 adopted 9/8/15)
(a) 
A person who violates this article commits an offense which, upon conviction, is punishable by a fine as provided in section 1.01.009 of this code. Enforcement shall be by the city police department and the city municipal court.
(b) 
Civil and criminal penalties.
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.
(c) 
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined as 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.
(d) 
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;
(2) 
A civil penalty up to one hundred dollars ($100.00) 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
(3) 
Other available relief.
(Ordinance 2004-03 adopted 7/8/04)
The city council has the authority to temporarily alter or suspend any of the provisions of this article not required by the laws of the state, if such suspension serves the benefit of the city. Such temporary suspension must be in writing and must set out specific justification for the temporary suspension.
(Ordinance 2004-03 adopted 7/8/04)