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Editor’s note–Former article 12.03 pertaining to stopping, standing, or parking was amended and replaced with similar provisions by Ordinance 021423 adopted 2/14/2023. Prior to the amendment, this article derived from the following: Ordinance 92-2008 adopted 10/13/92; Ordinance 071211 adopted 7/12/11; Ordinance 070814 adopted 7/8/14.
For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The words "shall" or "prohibited" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.
All-terrain vehicle.
A motor vehicle that travels on three or more low-pressure tires, with a seat that is straddled by the operator, or seats for one passenger, along with handlebars for steering control, and is designed for off-highway travel. For the purposes of this article, all-terrain vehicle also applies to utility task vehicles, side by sides, personal water craft, and other similar vehicles.
Boat.
A vessel propelled on water by oars, sails, or an engine and/or a trailer designed and intended to transport a vessel. A boat is not considered a vehicle, for the purpose of this article.
Golf cart.
A motor vehicle designed by the manufacturer primarily for use on a golf course.
Heavy load vehicle.
A self-propelled motor vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.
Improved shoulder.
A paved shoulder, adjacent to the roadway; designed or ordinarily used for parking; distinguished from the roadway by different design, construction, or marking; and not intended for normal vehicular travel.
Motor vehicle.
Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.
Motorcycle.
A usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this article, motorbikes, motor scooters, mopeds and similar vehicles are classified as motorcycles.
Oversized vehicle.
A tow truck (wrecker), truck tractor, semitrailer (whether or not attached to a truck or a road tractor), dump truck, bus, and passenger motor vehicle designed to carry more than 16 persons (including the driver). Any vehicle greater than 23 feet in length, or any truck with a rated capacity over 1-1/2 tons, according to the manufacturer's classification. The term "oversized vehicle" does not include any motor vehicle owned or operated by a government entity.
Person.
An individual, a group of two or more individuals, proprietorship, corporation, partnership, association, wholesaler, retailer, or any licensed or unlicensed business.
Recreation off-highway vehicle (ROV).
A motor vehicle that has a seat or seats for the rider and one passenger, has four or more tires, is designed for off-highway use, and is not designed by the manufacturer for farm or lawn care.
Recreational vehicle.
A motor vehicle designed as temporary living quarters for recreational travel or vacation use, and a motorcycle or all-terrain vehicle designed or equipped only for off-road use. The term "vehicle for recreational use" includes a travel trailer, camping trailer, truck camper, motor home, motorcycles and all-terrain vehicles. An RV may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also "heavy load vehicle.")
Residential zone.
Any property zoned single-family, duplex, multifamily or planned development for single-family, duplex or multifamily uses, or used for such purposes. The term "residential zone" includes both private and public property within such zoning districts.
Street intersection.
Any street which joins another street at an angle, whether or not it crosses the other.
Street yard.
The area between the building front line and the front property (i.e., right-of-way) line.
Street.
Any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60').
Trailer, hauling.
A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling property, animals, produce, goods or commodities, including boats.
Trailer, travel or camping.
A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.
Utility trailer.
An enclosed or open cargo trailer designed for the transportation of a variety of products, goods, equipment, livestock or vehicles.
Utility vehicle (UTV).
A motor vehicle that has side by side seating for the operator and a passenger, has four or more tires, is designed for off-highway use, and is designed by the manufacturer for utility work and not for recreational purposes.
Vehicle.
Includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."
(Ordinance 021423 adopted 2/14/2023)
To secure public safety from, fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; establish guidelines and authorize the removal and impoundment of vehicles. Minimum on-street and off-street parking and loading shall be provided as set forth in the following schedules and provisions.
(Ordinance 021423 adopted 2/14/2023)
It shall be unlawful for any person to park, stop or stand a motor vehicle in violation of any official sign, curb marking or street marking erected by the city or the state department of transportation.
(Ordinance 021423 adopted 2/14/2023)
(a) 
No person shall, stop, stand or park a vehicle at any time upon any shoulder on any public street in the city, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or except for temporary unloading or loading not to exceed 15 minutes. All loading and unloading shall be in such a manner and under such conditions as to not block the street or leave insufficient width of the street available for the free movement of vehicular traffic or to block the entrance or exit to any private driveway or building.
(b) 
The provisions of this section shall not apply:
(1) 
To physicians or emergency vehicles operating in response to any emergency call;
(2) 
To vehicles operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of such public utility or providing maintenance service to such facilities;
(3) 
To vehicles operated for public service, i.e., garbage pickup, street repair and water service; and
(4) 
To a vehicle traveling to or from a location which is designated as a no through truck zone for the purpose of providing repair or maintenance service, loading, or unloading goods, wares or merchandise, provided such vehicle is operated over the shortest practicable route, and the operator of such vehicle has in his/her immediate possession evidence of the local destination and point of origin.
(Ordinance 021423 adopted 2/14/2023)
No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer on any unimproved surface or allow a vehicle to remain stopped, standing, or parked on an unimproved surface for any period.
(Ordinance 021423 adopted 2/14/2023)
(a) 
It shall be unlawful to stop, stand, or park any vehicle, trailer, camper, RV, regular or oversized dumpster or any motor vehicle on any portion of a city street or any public street in the city, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or except for temporary unloading or loading. All loading and unloading shall be in such a manner and under such conditions as to not block the street or leave insufficient width of the street available for the free movement of vehicular traffic or to block the entrance or exit to any private driveway or building.
(b) 
The provisions of this section shall not apply:
(1) 
To physicians or emergency vehicles operating in response to any emergency call;
(2) 
To vehicles operated by a public utility or the city while cruising in an assigned area for the purpose of inspecting the facilities of such public utility or providing maintenance service to such facilities;
(3) 
To vehicles operated for home residential repair, public service, i.e., garbage pickup, street repair and water service; and
(4) 
To a vehicle traveling to or from a location which is designated as a no through truck zone for the purpose of providing repair or maintenance service, loading, or unloading goods, wares or merchandise, provided such vehicle is operated over the shortest practicable route, and the operator of such vehicle has in his/her immediate possession evidence of the local destination and point of origin.
(Ordinance 021423 adopted 2/14/2023)
No person shall park a vehicle upon any roadway or right-of-way for the principal purpose of:
(1) 
Displaying such vehicle for sale; or
(2) 
Servicing, greasing, or repairing such vehicle, except repairs necessitated by an emergency.
(3) 
Living or sleeping: No such equipment shall be used for living or sleeping when parked or stored on any lot not approved for such purposes.
(Ordinance 021423 adopted 2/14/2023)
(a) 
A police officer is authorized to remove, place a 24, 48 or 72 hour removal sticker or cause the removal of a vehicle or other property of any description from a street to a place designated by the chief of police when:
(1) 
The vehicle or property is left unattended upon a bridge or viaduct or in a tunnel or underpass; any vehicle left on an unimproved shoulder or the shoulder of a city or public street;
(2) 
The vehicle is illegally parked so as to block the entrance to any private driveway;
(3) 
The vehicle is found upon a street and a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant issued charging that the vehicle has been unlawfully taken from the owner;
(4) 
The office has reasonable grounds to believe that the vehicle has been abandoned;
(5) 
A vehicle upon a street is so disabled that its normal operation is impossible or impractical and the person or 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;
(6) 
An officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is by law required to take the person arrested immediately before a magistrate;
(7) 
The vehicle is standing, parked, or stopped in any portion of a street, and the officer has reason to believe that the vehicle constitutes a hazard or interferes with the normal function of a governmental agency or that the safety of the vehicle is imperiled;
(8) 
The vehicle is standing, parked, or stopped in violation of the parking ban regulations;
(9) 
The vehicle is standing, parked, or stopped in violation of any provision of this chapter;
(10) 
The vehicle is the subject of a hearing officer's order for a parking violation and impoundment of the vehicle is unauthorized;
(11) 
The vehicle is in an accident and the vehicle's owner or operator fails to show evidence of financial responsibility as required under chapter 601 of the Texas Transportation Code, as amended.
(b) 
A vehicle removed and towed under this section must be kept at the place designated by the chief of police until application for redemption is made by the owner or the owner's authorized agent, who will be entitled to possession of the vehicle upon payment of costs of towing, notification, impoundment, and storage. The chief of police shall charge fees for storage of vehicles at city pound locations in accordance with the following regulations:
(1) 
The storage fee is $25.00 for each day or portion of a day that a vehicle not longer than 25 feet is stored and $35.00 for each day or portion of a day that a vehicle longer than 25 feet is stored, except that a storage fee may not be charged for more than one day if the vehicle remains at the city pound location for less than 12 hours.
(2) 
Storage fees on a stolen vehicle will be charged as outlined.
(3) 
Storage fees on a vehicle owned by an arrested person will be charged as outlined on the date of impoundment.
(4) 
Storage fees will not be collected when a vehicle is not involved in an accident, but is taken into protective custody and the driver is incapacitated due to physical injury or other illness to the extent that the driver is unable to care for the vehicle.
(5) 
Storage fees on any vehicle involved in a motor vehicle accident will be charged commencing on the date of impoundment.
(6) 
An impoundment fee of $50.00, in addition to applicable towage, notification, and storage fees, will be charged for a vehicle that has been removed and towed to a city pound location.
(7) 
A notification fee of up to $100.00, in addition to applicable towage, impoundment, and storage fees, will be charged for a vehicle that has been removed and towed to a city pound location.
(c) 
A police officer may, at his discretion, with the express written permission of an arrested person, leave an arrested person's vehicle at the scene of the arrest or other location. In these instances, the arresting officer shall ensure that the vehicle is legally parked, not a traffic hazard and secured.
(d) 
The chief of police or designated representative may release a vehicle without payment of towage, notification, impoundment, or storage fees under the following circumstances:
(1) 
A vehicle was taken into protective custody when the incident did not involve an arrest, violation, or automobile accident;
(2) 
A vehicle is owned by or belongs to an individual who is not a citizen of the United States, who does not permanently reside in the United States, and who is entitled to diplomatic immunity;
(3) 
Subsequent investigation results in a determination that there was no violation of this code or the Texas Motor Vehicle Laws or that the arrested person did not commit a criminal offense; or
(4) 
A vehicle is owned by or belongs to the victim of a violent crime and was taken into custody for evidentiary purposes.
(e) 
If a vehicle was towed and stored for an evidentiary or examination purpose, the chief of police or a designated representative shall release the vehicle without payment of towage and storage fees when required to do so under article 18.23 of the Texas Code of Criminal Procedure, as amended.
(f) 
A person commits an offense if he removes or attempts to remove a vehicle from a city pound location without first paying the towage, notification, impoundment, and storage fees that have accrued on the vehicle.
(g) 
As a consequence of the fees to be charged for vehicles stored as city pound locations and for purposes of state law, the city council hereby designates all city pound locations as storage facilities operated for commercial purposes.
(Ordinance 021423 adopted 2/14/2023)
A person violating a provision of this article, upon conviction, is punishable by a fine not to exceed $500.00.
(Ordinance 021423 adopted 2/14/2023)