All words and phrases when used in this article shall, for the
purpose of this article, have the meanings respectively ascribed to
them in V.T.C.A., Transportation Code.
(Ordinance 317-92, sec. A, adopted 4/21/92; 1993 Code, sec. 10.701)
(a)
If any person is charged with having parked or left standing a vehicle
in any street in the city at a place on the street where parking of
vehicles is prohibited, or parking such vehicle in a street in a manner
which violates the manner of parking a vehicle as designated, or when
parking a vehicle for a length of time in excess of that allowed in
the space where the vehicle was parking, proof that the vehicle was,
on 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.
(b)
The owner shall have the right to introduce evidence as an affirmative
defense to show that the vehicle was not parked by him as charged
in the complaint.
(Ordinance 430-98 adopted 10/20/98; Ordinance 645-11 adopted 10/11/11)
(a)
Members of the police department are hereby authorized to remove,
or cause to be removed, a vehicle from a street or highway to a public
garage or other place of safety under any of the following circumstances:
(1)
When a vehicle upon a roadway is so disabled that its normal operation
is impossible or impractical and the persons in charge of the vehicle
are incapacitated by reason of physical injury or other reason to
such an extent as to be unable to provide for its removal or custody,
or are not in the immediate vicinity of the disabled vehicle.
(2)
When any vehicle is left unattended upon a street or alley and is
so parked illegally as to constitute a definite hazard or obstruction
to the normal movement of traffic.
(3)
When any vehicle is left unattended upon a street and is so parked
illegally as to constitute a definite obstruction to city street cleaning
operations or to the progress of construction or repair work on any
of the city’s streets or water or sewer lines, or when any vehicle
is illegally parked in a fire lane or so as to obstruct easy access
to a fire hydrant.
(4)
When any vehicle is left unattended and parked within an officially
designated tow-away zone, if such tow-away zone is clearly marked.
(b)
Whenever a police officer discovers a motor vehicle upon a street or highway under any of the circumstances described in subsection (a) of this section, it shall be the duty of such police officer to notify the police communications officers of the make, model, registration number and location of such motor vehicle and the reason for which said vehicle is to be removed. The police communications officer shall select a wrecker company from the tow-away list on a rotation basis, and call that wrecker company to send that company’s wrecker to remove said vehicle, unless the wrecker company informs the police communications officer of another wrecker company’s wrecker that will be sent to the call.
(c)
When a wrecker company has been called by the owner or legal agent
of a private/public parking lot to remove a vehicle, and after the
vehicle has been removed, the wrecker company shall, within two (2)
hours, notify the police communications officer immediately of the
make, model, color, license number, and the location from which the
vehicle was removed, and the place of storage.
(Ordinance 317-92, sec. B, adopted 4/21/92; 1993 Code, sec. 10.702)
(a)
Any vehicle standing, parked or remaining unattended on any public
street, alley, easement, sidewalk, parkway or other public place of
the city for forty-eight (48) or more continuous hours is hereby declared
to be illegally parked and at the same location for forty-eight (48)
additional hours, it is hereby declared to be nuisance per se, and
any such vehicle when so found shall be removed summarily by any police
officer of the city to a garage or parking lot designated or maintained
by the police department and shall be kept there until redeemed or
sold as provided in this section.
(b)
The city shall have a lien on every such impounded vehicle for all
costs incurred in impounding, storing and advertising such vehicle.
Such lien shall be prior and superior to all other liens of every
kind, save and except liens for ad valorem taxes, and the city may
retain possession thereof until all costs are paid, and may sell the
same as herein provided.
(c)
The owner or any person legally entitled to possession of any impounded
vehicle may redeem such vehicle prior to the sale of same by paying
to the city an impounding fee, in the amount established by city council,
and any other actual expenses incurred by the city in impounding and
keeping the impounded vehicle. There shall be a towing charge which
shall be deemed an actual expense incurred by the city, when a vehicle
belonging to the city is used to tow or remove such impounded vehicle
to the place of storage.
(d)
(1)
The police department, when taking into custody an abandoned motor
vehicle under this section, shall notify within ten (10) days thereof
by registered or certified mail, return receipt requested, the last
known registered owner of the motor vehicle and all lienholders of
record pursuant to the Certificate of Title Act, as amended (V.T.C.A.,
Transportation Code, chapter 501), that the vehicle has been taken
into custody. The notice shall describe the year, make, model, and
serial number of the abandoned motor vehicle; set forth the location
of the facility where the motor vehicle is being held; inform the
owner or any lienholder of their right to reclaim the motor vehicle
upon payment of all towing, preservation and storage charges resulting
from placing the vehicle in custody; and state that the failure of
the owner or lienholder to exercise their right to reclaim the vehicle
within the time provided shall be deemed a waiver by the owner and
all lienholders of all right, title and interest in the vehicle and
their consent to the sale of the abandoned motor vehicle at a public
auction.
(2)
If the identity of the last owner cannot be determined, or if it
is impossible to determine, with reasonable certainty, the identity
and address of all lienholders, notice by one publication in one newspaper
of general circulation in the area where the motor vehicle was abandoned
shall be sufficient to meet all requirements of notice pursuant to
this section. Such notice by publication can contain a multiple listing
of all abandoned vehicles. Any such notice shall be within the time
requirements prescribed for notice by registered or certified mail
and shall have the same contents required for notice by registered
or certified mail. The consequences and effect of failure to reclaim
an abandoned motor vehicle shall be set forth in a valid notice given
pursuant to this section.
(e)
In the event a vehicle is not redeemed within fifteen (15) days from
the receipt of the return receipt herein provided for or notice of
non-delivery, the chief of police shall sell such vehicle at public
auction to satisfy the impounding and storage costs after giving notice
of sale at the courthouse door of Parker County, and at two (2) other
public places in Parker County, and by sending a copy of such notice
by registered mail to the owner and lienholders of such vehicle, as
shown by the records of the state department of transportation or
similar agency. Such notice mailed to the address shown on the records
of the department of transportation or similar agency shall satisfy
the requirements of this section. When the chief of police is unable
to ascertain the names of the owner and lienholders, and the vehicle
has not been redeemed within thirty (30) days after the date of impounding,
no notice other than the posting of notices as prescribed by this
section shall be required in order to sell such vehicle.
(f)
At the time and place so stated in such notice, each vehicle shall
be offered for sale for cash at public auction, and the chief of police
shall accept the highest bid for each vehicle; provided, however,
that the chief of police shall have the authority to reject all bids
for any vehicle when the best interests of the city will be served
thereby. Each vehicle shall be sold separately. When any vehicle has
been offered for sale at public auction and no bid has been received
therefor, or all bids therefor have been rejected, such vehicle shall
be disposed by the chief of police in such a manner as he or she deems
advisable, and all such dispositions shall be reported to the city
administrator in writing. The chief of police shall keep an accurate
record of each vehicle sold, the name and address of the purchaser,
the price paid therefor, and the date of sale. The chief of police
shall make a complete report in writing to the city administrator
of the time, place and manner of conducting each sale, and all funds
received from the sale of each vehicle shall be delivered to the city
administrator.
(Ordinance 317-92, sec. C, adopted 4/21/92; 1993 Code, sec. 10.703; Ordinance adopting 2017 Code)
No person shall park a vehicle upon any roadway for the principal
purpose of:
(1)
Displaying such vehicle for sale.
(2)
Washing, greasing, or repairing such vehicle, except repairs necessitated
by an emergency.
(3)
Using such vehicle or trailer for advertising purposes or displaying
large signs thereon containing pictures or reading matter.
(Ordinance 317-92, sec. D, adopted 4/21/92; 1993 Code, sec. 10.704)
(a)
Movable permits authorized.
Every person who is authorized
to have a permanent handicapped parking permit for their vehicle under
the existing rules and provisions applicable to the issuance of same
under the laws of the state shall be eligible to receive one movable
city handicapped parking permit which may be used for the purposes
of parking in a vehicle which is not licensed by the state for handicapped
persons if such vehicle is then being used for the transportation
of the handicapped person for whom the original state permit was issued.
This permit will allow said vehicle to be parked in a handicapped
space within the corporate city limits if prominently displayed in
the rear deck or front window of the vehicle.
(b)
Administration of permits.
City handicapped permits
will be issued by the city administrator and will be good for a period
of two years from the date of issuance. The city council may, from
time to time, impose an administrative fee for the issuance of such
permits and such fee will be in the amount established by city council.
(c)
Temporary permits.
If any person shall be certified
by a physician licensed by the state as requiring a handicapped permit
for a specific period of time up to six months, such person may make
application with the city administrator and will receive a temporary
handicapped parking permit of the city which will allow such persons
to park in any handicapped spot in the city during the term of said
permit. This permit is to be prominently displayed in the rear deck
or window of the vehicle being used by or for the handicapped person
at the time it is parked in a properly marked handicapped space. The
city administrator will issue these permits based upon the conditions
enumerated above and may charge a reasonable administrative fee if
such fee is, from time to time, imposed by the city council as it
may see fit. Such fee will be in the amount established by city council.
(Ordinance 344-93 adopted 7/20/93; Ordinance adopting 2017 Code)
(a)
The stopping, standing, or parking of vehicles, attended or unattended,
is prohibited and is unlawful on the streets and public rights-of-way
at the locations designated by the city.
(b)
It shall be an affirmative defense for a driver to temporarily stop
for the following purposes:
(c)
Traffic-control signs, installed and used for the purposes of enforcing
the traffic regulations of this section, may be posted at or near
municipal boundary lines or the beginning and ending of the street,
as specified above.
(Ordinance 430-98 adopted 10/20/98; Ordinance 645-11 adopted 10/11/11; Ordinance
adopting 2017 Code)
No person shall park any truck, bus or other commercial vehicle
on any street between the hours of 10:00 p.m. and 5:00 a.m.
(Ordinance 317-92, sec. E, adopted 4/21/92; 1993 Code, sec. 10.705)
(a)
No person shall stop or stand any truck, bus or other diesel-powered
vehicle within five hundred feet (500') of any residence in the city.
(b)
No person shall operate any diesel motor of the vehicle for longer
than one (1) hour in any twenty-four (24) hour period within the city.
(c)
The city council may, by prior approval, designate areas within zoned
commercial districts for the purpose of allowing multiple trucks,
buses or other vehicles to stand with motors operating in excess of
one (1) hour in any twenty-four (24) hour period, provided that no
part of an approved designated area may be closer than five hundred
feet (500') to a residential building. The city council may establish
additional restrictions unique to each approved designated area.
(d)
The mayor or the chief of police may authorize suspension of the
provisions of this section in the event that a life-threatening emergency
situation did exist. Any suspension of the provisions of this section
expires with the end of the emergency situation.
(e)
Any person who operates any vehicle in violation of the provisions
of this section commits an offense punishable as a class C misdemeanor.
Any property owner who knowingly allows another person to operate
a vehicle on his property in violation of the provisions of this section
commits a separate offense punishable as a class C misdemeanor.
(Ordinance 361-94 adopted 5/3/94; Ordinance 645-11 adopted 10/11/11)
(a)
Definition.
(b)
Illegal parking on streets.
It shall be unlawful to
park, or allow to park, an oversize commercial vehicle on any street
in a residential district when the parking is not related to deliveries
to an adjoining property or in connection with work being performed
at the adjoining property.
(c)
Illegal parking on private property.
It shall be unlawful
to park, or allow to park, an oversize commercial vehicle upon private
property in a residential district and off of a public street or thoroughfare
when the parking is not related to deliveries to that property, or
work being performed on that property or property in the immediate
area where the oversize commercial vehicle is parked.
(d)
Exceptions.
This section does not apply to street construction,
maintenance, and repair equipment trailers or vehicles used by the
public service utility companies engaged in repairing or extending
public service utilities.
(Ordinance 439-99 adopted 3/16/99; Ordinance 645-11 adopted 10/11/11)
