The provisions of this article prohibiting the stopping, standing
or parking of a vehicle shall apply at all times or at those times
herein specified or as indicated on official signs, except when it
is necessary to stop a vehicle to avoid conflict with other traffic
or in compliance with the directions of a police officer or official
traffic-control device. These provisions are also not intended to
replace state law, but rather to reflect municipal control of matters
which affect the health, safety and welfare of the city as permitted
by state law, as amended.
(Ordinance 07182006-02, pt. II,
sec. 2(1), adopted 8/1/2006)
The provisions of this article imposing a time limit on parking
shall not relieve any person from the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles in specified places or at specified times.
(Ordinance 07182006-02, pt. II,
sec. 2(2), adopted 8/1/2006)
(a) Types of vehicles.
Types of vehicles named shall have
the meanings ascribed to them in Texas Transportation Code, section
502.001, as it may be amended.
(b) Definitions.
Bicycle lane.
An area within the roadway specifically designated for the
use of bicycles.
Bicycle path.
An area adjacent to a roadway specifically designated for
the use of bicycles.
Commercial vehicle.
Any motor vehicle designed, used, or maintained primarily
for the transportation of material or property and which is used for
the loading and unloading of such material or property. For the purpose
of parking in a commercial service zone, a commercial vehicle shall
have the name of the commercial enterprise utilizing said vehicle
in letters no less than two (2) inches by one (1) inch in contrasting
colors to that of the vehicle, or temporarily affixed to each side
of the motor vehicle by a magnetic sign or other similar temporary
device constructed of durable material not less than eight (8) inches
in height by twenty-four (24) inches in width with letters no less
than two (2) inches by one (1) inch in contrasting color to that of
the sign.
Fire zone.
A means of access or other passageway designated and identified
to provide access for emergency apparatus where parking is not allowed.
Fire zones shall be identified by signage “Fire Zone”
with curbs painted red to designate the length of the zone.
Motor vehicle.
Is abandoned if the motor vehicle:
(1)
Is inoperable, does not have a current license sticker or inspection
sticker, and has been left unattended on public property for more
than forty-eight (48) hours;
(2)
Has remained illegally on public property for more than forty-eight
(48) hours; or
(3)
Has been left unattended on the right-of-way of a city street,
county road, or state or federal highway for more than forty-eight
(48) hours.
Trailer.
(1)
Includes a semi-trailer, boat trailer, recreational vehicle,
house trailer, pole trailer or any other trailer as defined by state
traffic laws.
(2)
For purposes of this article, a recreational vehicle is any
vehicle or trailer designed for temporary dwelling or recreational
purpose, and includes travel trailers, pickup campers, camping trailers,
motor coach homes, converted trucks, vans and buses, boats, boat trailers,
personal watercraft and personal watercraft trailers.
(Ordinance 07182006-02, pt. II,
sec. 2(3), adopted 8/1/2006)
A violation of this article constitutes a class C misdemeanor
and shall be filed in the municipal court of the city and punishable
by a fine not to exceed $200.00.
(Ordinance 07182006-02, pt. II,
sec. 2(15), adopted 8/1/2006)
It shall be the duty of the chief of police, any other peace
officer having jurisdiction within the corporate limits of the city,
or other individual who is designated by the city council, to enforce
the provisions of this article.
(Ordinance 07182006-02, pt. II,
sec. 2(14), adopted 8/1/2006)
No person shall knowingly cause, allow, permit or suffer any
vehicle owned by him or registered in his name or operated by him
to stop, stand or be parked in violation of any provision of this
article or state law.
(1) If a vehicle is found to be in violation of this article or state
law, 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, unless the registered owner can prove that the
vehicle was operated without his express or implied consent.
(2) A vehicle owner who is engaged in the business of renting or leasing
vehicles under written rental or leasing agreements shall not be liable
for fines, costs, and fees imposed by the city on a rented or leased
vehicle if, within thirty (30) days after receiving written notice
of a parking violation, the owner provides in affidavit form the true
name, address and driver’s license number and state of issuance
of the person in possession of the vehicle at the time the parking
citation was issued, or a true copy of the lease or rental agreement
in effect at the time the parking citation was issued.
(Ordinance 07182006-02, pt. II,
sec. 2(13), adopted 8/1/2006)
(a) The police department or, in an emergency, the fire chief or incident
commander is hereby authorized to remove and tow away, or have removed
by a commercial towing service, any vehicle which is stopped, standing
or parked at any of the locations specified in this article. A vehicle
removed or towed away shall be stored in a safe place and shall be
restored to the owner or operator of such vehicle upon payment of
the removal or towing fee plus a storage charge.
(b) Once a motor vehicle is determined to be abandoned by the police
department or other designated employee of the city, such authorized
personnel shall be authorized to remove and tow away, or have removed
or towed away by a commercial towing service, any vehicle that is
abandoned on public property. In the event, and only when, it is determined
by the officer or authorized employee that the vehicle is not an immediate
hazard, a sticker will be placed on the front windshield notifying
the owner that the vehicle is to be towed twenty-four (24) hours after
posting of the sticker. A vehicle removed or towed away shall be stored
in a safe place and shall be restored to the owner or operator of
such vehicle upon payment of the removal or towing fee plus a storage
charge.
(Ordinance 07182006-02, pt. II,
sec. 2(11), adopted 8/1/2006; Ordinance adopting Code)
When signs are erected or pavement markings are provided giving
notice of a designated no parking or restricted parking area as provided
by state or city authority, no person shall stop, stand or park a
vehicle at any time upon any street or right-of-way at the locations
so specified within the corporate limits of the city.
(Ordinance 07182006-02, pt. II,
sec. 2(5), adopted 8/1/2006)
(a) No person shall park any vehicle upon a street or alley in such a
manner or under such conditions as to leave available less than ten
(10) feet in width of the roadway for free movement of vehicular traffic.
No person shall park any vehicle upon a street in such a manner or
under such conditions so as to obstruct a designated bike lane.
(b) Subject to subsection
(a) above and except when necessary to avoid conflict with other traffic in compliance with the law, or to obey the directions of a police officer or traffic-control device, angle parking is allowed in cul-de-sacs of all residential subdivisions within the corporate limits of the city unless otherwise provided by state law. Such authority arises from section 545.303(c) of the Texas Transportation Code.
(Ordinance 07182006-02, pt. II,
sec. 2(6), adopted 8/1/2006)
Except for emergency response vehicles, no person shall park
any vehicle within a designated fire zone.
(Ordinance 07182006-02, pt. II,
sec. 2(7), adopted 8/1/2006)
No person shall park a vehicle upon any public roadway or public
or public [sic] right-of-way for the principal purpose of displaying
such vehicle for sale, or greasing, repairing, servicing or maintaining
such vehicle, except repairing or servicing necessitated by an emergency.
(Ordinance 07182006-02, pt. II,
sec. 2(8), adopted 8/1/2006)
No vehicle having a manufacturer’s rated carrying capacity
of more than one and one-half (1-1/2) tons or exceeding 21 feet in
length (measured from the outermost edge of the bumper or any appurtenances
attached to such vehicle to the outermost edge of the bumper or appurtenance
attached to the opposite end of such vehicle), or any trailer, recreational
vehicle, or abandoned vehicle, shall be parked upon any public street
or public right-of-way in the city between the hours of 10:00 p.m.
and 6:00 a.m. except for repairing or servicing necessitated by an
emergency.
(Ordinance 07182006-02, pt. II,
sec. 2(9), adopted 8/1/2006)
(a) Parking large vehicle, trailer, recreational vehicle or abandoned
vehicle on street or right-of-way.
It shall be unlawful
for any person to stop, stand or park any vehicle having a manufacturer’s
rated carrying capacity of more than one and one-half (1-1/2) tons
or exceeding twenty-one (21) feet in length (measured from the outermost
edge of the bumper or any appurtenances attached to such vehicle to
the outermost edge of the bumper or appurtenance attached to the opposite
end of such vehicle), any trailer, recreational vehicle, or any abandoned
vehicle on any street or right-of-way in any area zoned for residential
uses at any time, except as follows:
(1) Where the operator is using such motor vehicle or trailer as defined
above to make bona fide pickups or deliveries, provided that the operator
furnishes evidence to that effect upon demand by a peace officer and
provided that the operator removes such motor vehicle or trailer from
the subdivision immediately upon completion of pickups or deliveries;
(2) Maintenance vehicles, trailers and equipment owned and operated by
or on behalf of the city, or any public utility or governmental entity,
where the person operating the vehicle, trailer or equipment is engaged
in maintenance work;
(3) Any authorized emergency vehicle as defined in Texas Transportation
Code section 541.201, and any amendments thereto, provided such vehicle
is conclusively identified;
(4) Any bus or school bus actively engaged in the receiving or discharging
of passengers;
(5) Recreational vehicles may be parked on the street for a period of
not more than seven (7) consecutive days and not more than fifteen
(15) days within a calendar year, provided they hold a valid permit
issued by the city. Such permit shall be issued to the resident or
owner of the property and displayed upon the vehicle in public view
noting the address where the vehicle is to be parked, date of validation
and expiration date, and vehicle registration number; or
(6) Motor vehicles and trailers left at or on an active job site.
(b) Connection of recreational vehicle or trailer to utility service.
It shall be unlawful to connect a recreational vehicle or utility
trailer to any water or electricity, except when it is being readied
for use elsewhere or for routine maintenance. It shall be unlawful
under any circumstance to connect a recreational vehicle to any sewer,
gas, television cable, or other utility line not listed in this section.
(Ordinance 07182006-02, pt. II,
sec. 2(4), adopted 8/1/2006)
No person shall inhabit a vehicle, including a recreational
vehicle, at any time when such vehicle is parked upon a public street
or public right-of-way located within the corporate limits of the
city.
(Ordinance 07182006-02, pt. II,
sec. 2(10), adopted 8/1/2006)
No person shall stop, stand, or park a vehicle [in a parking
space or area designated specifically for persons with disabilities]
other than a vehicle operated by or for a physically handicapped person
and bearing a special device or decal pursuant to Texas Transportation
Code section 681.011 and as it may be amended.
(Ordinance 07182006-02, pt. II,
sec. 2(12), adopted 8/1/2006)