All-terrain vehicle (ATV)
means a motor vehicle that is:
(1)
Equipped with a saddle for the use of:
(B)
A passenger, if the motor vehicle is designed by the manufacturer
to transport a passenger;
(2)
Designed to propel itself with three or four tires in contact
with the ground;
(3)
Designed by the manufacturer for off-highway use by the operator
only; and
(4)
Not designed by the manufacturer for farming or lawn care.
Boat
means a vessel for use on water propelled by oars, paddles,
sail, or power, and includes the trailer upon which it is transported.
Commercial motor vehicle
means a self-propelled or towed vehicle, other than a farm
vehicle, with a gross weight, registered weight, or gross weight rating
of less than 48,000 pounds, that is used on a public highway to transport
passengers or cargo, if:
(1)
The vehicle, including a school activity bus as defined in [Transportation
Code] section 541.201, or a combination of vehicles has a gross weight,
registered weight, or gross weight rating of more than 26,000 pounds;
(2)
The vehicle, including a school activity bus as defined in [Transportation
Code] section 541.201, is designed or used to transport more than
15 passengers, including the driver; or
(3)
The vehicle is used to transport hazardous materials in a quantity
requiring placarding by a regulation issued under the Hazardous Materials
Transportation Act (49 U.S.C. section 5101 et seq.).
Dirt bike
means a bicycle having a motor attached to [it] as to be
self-propelled, designed to travel on not more than three wheels,
designed for off-road use.
Haul trailer
means a transport conveyance designed for moving, storing,
or transporting.
House trailer
means a trailer or semitrailer which is designed, constructed,
and equipped as a dwelling place, living abode, or sleeping place
(either permanently or temporarily) and is equipped for use as a conveyance
on streets and highways, and shall include those vehicles commonly
known as recreational vehicles.
Owner
means, as used in reference to a vehicle, a person who has
a property interest in or title to a vehicle. The term:
(1)
Includes a person entitled to use and possess a vehicle subject
to a security interest; and
(2)
Excludes a lienholder and a lessee whose lease is not intended
as security.
Park or parking
means to stand in an occupied or unoccupied vehicle, other
than temporarily while loading or unloading merchandise or passengers.
Person
means an individual, firm, partnership, association, or corporation.
Public right-of-way
means the area on, below, or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which
the municipality has an interest. The term does not include the airways
above a right-of-way with regard to wireless telecommunications.
Recreational vehicle
means a motor vehicle primarily designed as temporary living
quarters for recreational camping or travel use. The term includes
a travel trailer, camping trailer, truck camper, and motor home.
Semitrailer
means a vehicle without motive power that is designed or
used with a motor vehicle, so that some of its weight and the weight
of its load rests on or is carried by the motor vehicle.
Stand or standing
means to halt an occupied or unoccupied vehicle, other than
temporarily while receiving or discharging passengers.
Stop or stopping
means:
(1)
When required, to completely cease movement; and
(2)
When prohibited, to halt, including momentarily halting, an
occupied or unoccupied vehicle, unless necessary to avoid conflict
with other traffic or comply with the directions of a police officer
or a traffic-control sign or signal.
Trailer
means a vehicle without motive power that is:
(1)
Designed or used to carry property or passengers on its own
structure exclusively; and
(2)
Drawn by a motor vehicle.
(Ordinance 2022-O-10.26-02, sec.
12.04.001, adopted 10/26/2022)
(a) A person commits an offense if the person parks or stores, or allows
to be parked or stored, any commercial motor vehicle upon any public
street, alley, parkway, boulevard, or public place, within the corporate
limits of the city.
(b) An offense under this section is a misdemeanor punishable by a fine
of not less than $1.00 or more than $500.00.
(c) If a commercial motor vehicle is found unattended and parked or stopped
in violation of any of the restrictions imposed by this chapter [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.
(d) This section is not intended to apply to and it shall be an affirmative
defense under this section that the commercial motor vehicle is:
(1) Parked or standing in such zoned area for the purpose of expeditiously
loading and unloading passengers, freight, or merchandise;
(2) Street construction equipment, maintenance, and repair equipment
or trucks, rollers and implements, equipment trailers or vehicles
used by public services utility companies engaged in repairing or
extending public services utilities when used, or intended for use,
in the general vicinity;
(3) Experiencing mechanical difficulties or defects and is receiving
emergency repairs, or is parked in line awaiting repairs or maintenance
outside from a business that provides such repairs or maintenance
if the driver remains with the vehicle;
(4) Parked upon an approved parking surface within an area zoned industrial
according to the city zoning ordinance or is parked at a lawfully
zoned business establishment, wherein such commercial vehicle is utilized
as in integral part of such lawfully zoned business;
(5) A passenger bus parked on a parking lot in an area designated by
the owner of the parking lot for the parking of buses, and with the
consent of the owner, during such period as the bus passengers are
attending an event at a facility zoned for such activities, or are
customers at a retail center, or, in the case of a hotel or motel,
during such period of time that the bus passengers are customers of
the hotel or motel;
(6) Parking in a designated area at an exhibit or exhibition hall, convention
center, entertainment, or similar facility when the commercial vehicle
is involved in the delivery and removal of equipment, products, merchandise,
livestock, or other items to and from the facility;
(7) A truck or trailer no greater than twenty-six (26) feet in length,
bumper to bumper, being driven by an individual who has rented the
vehicle from a commercial business for the purpose of transporting
his personal property from one location to another, and parked for
less than 24 hours at a motel or hotel while the driver of the vehicle
is a customer of the hotel or motel; or
(8) Parked in a truck parking area at a motel or hotel within the city
that has been specifically approved for truck parking.
(Ordinance 2022-O-10.26-02, sec.
12.04.002, adopted 10/26/2022)
Whenever any commercial motor vehicle is found parked or stopped
in violation of any of the restrictions imposed by this chapter or
other traffic regulations of the city or by state law, the officer
finding such vehicle may take its registration number and any other
information displayed on the vehicle which may identify its user and
may conspicuously attach to such vehicle a citation in writing, on
a form to be provided by the police department, for the driver to
answer to the charge against him/her specified in the citation.
(Ordinance 2022-O-10.26-02, sec.
12.04.003, adopted 10/26/2022)
(a) The chief of police, or their designee, is authorized to:
(1) Immobilize a vehicle parked in the municipality;
(2) Remove an immobilized vehicle from a public roadway in the municipality;
and
(3) Request the removal and storage of a vehicle that is located in an
area where in-street parking is regulated by this article and that:
(B) Is parked legally and:
(i)
Has been unattended for more than 48 hours; and
(ii)
The employee has reasonable grounds to believe is abandoned.
(b) This section does not apply to a vehicle owned by an electric, gas,
water, or telecommunications utility while the vehicle is parked for
the purpose of conducting work on a facility of the utility that is
located below, above, or adjacent to the street.
(c) The chief of police, or their designee, shall confirm that signs
stating that parking is prohibited in the right-of-way are posted
in compliance with Texas Occupations Code section 2308.353 prior to
authorizing the removal of any vehicle illegally parked in the right-of-way.
(Ordinance 2022-O-10.26-02, sec.
12.04.004, adopted 10/26/2022)
(a) Parking certain vehicles for longer than four hours.
(1) A person commits an offense if the person parks or stores, or allows
to be parked or stored, any vehicle, such as a haul trailer, house
trailer, recreational trailer, semitrailer, trailer, boat trailer,
all-terrain vehicle, dirt bike, or boat, upon any public street, alley,
parkway, boulevard, or public place, within the corporate limits of
the city, for more than four (4) consecutive hours.
(2) An offense under this subsection is a misdemeanor punishable by a
fine of not less than $1.00 or more than $500.00.
(3) If a vehicle is found unattended and parked or stopped in violation
of any of the restrictions imposed by this chapter [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.
(4) Any vehicle such as a haul trailer, house trailer, recreational trailer,
semitrailer, trailer, boat trailer, all-terrain vehicle, dirt bike,
or boat parked upon a public street for more than four (4) consecutive
hours is hereby declared to be an obstruction in the public way and
the chief of police, or their designee, may request the removal of
said vehicle, at the owner’s expense.
(b) Parking near cluster mailbox unit.
(1) A person commits an offense if the person parks or stores, or allows
to be parked or stored, any vehicle within fifteen (15) feet of a
cluster mailbox unit.
(2) An offense under this subsection is a misdemeanor punishable by a
fine of not less than $1.00 or more than $500.00.
(3) If a vehicle is found unattended and parked or stopped in violation
of any of the restrictions imposed by this chapter [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.
(4) Any vehicle parked within fifteen (15) feet of a cluster mailbox
unit is hereby declared to be an obstruction in the public way and
the chief of police, or their designee, may request the removal of
said vehicle, at the owner’s expense.
(Ordinance 2022-O-10.26-02, sec.
12.04.005, adopted 10/26/2022)