The Harlingen Police Department is hereby authorized and directed to cause to be removed at the expense of the owner or operator any of the aforementioned vehicles parked in violation of the provisions of section 111-142 when deemed necessary to safeguard the health and safety of the citizens of Harlingen, and to provide for the orderly flow of traffic on the streets, alleys, and other public ways of the city.
(Code 1973, § 28-17; Code 1997, § 71.01(B); Ordinance 85-4, adopted 1/16/1985; Ordinance 85-20, adopted 4/3/1985; Ordinance 92-99, adopted 12/16/1992)
(a) 
Where a parking space has been designated by order of the chief of police as a parking space for persons with disabilities, and/or where said parking space has been so designated by the installation of the standardized symbol for the parking of a vehicle driven by or transporting person with disabilities, it shall be unlawful for a person to park a vehicle in said parking space unless said vehicle bears a special identifying registration insignia issued by the Texas Department of Highways and Public Transportation to disabled persons.
(b) 
It shall further be unlawful for a person who is not a person with disabilities or not transporting a person with disabilities to park a vehicle in any such parking space or parking area designated specifically for the physically handicapped, even though said vehicle contains said special identifying registration insignia. The insignia referred to hereinabove has been adopted by the Texas Department of Highways and Public Transportation and issued as provided in Texas Transportation Code §§ 502.253 and 631.002.
(c) 
A person commits an offense if the person parks a vehicle so that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid a person with disabilities.
(d) 
Any violation of this section will be considered a misdemeanor. The owner of a vehicle on which the special identifying registration insignia is displayed or in which the special devices are displayed or in which a temporarily disabled person identification card is placed in the lower left-hand side of the front windshield is exempt from the payment of fees or penalties imposed by the city for parking at a meter or in a space with a limit on the length of time for parking, unless the vehicle was not parked at the time by or for the transportation of a permanently disabled person. Nothing contained herein should be construed to permit parking such a vehicle at a place or time that parking is prohibited, all as set forth in Texas Transportation Code ch. 681.
(Code 1973, § 28-18; Code 1997, § 71.02; Ordinance 81-84, adopted 11/5/1981; Ordinance 86-92, adopted 12/17/1986)
(a) 
The chief of police or his designee shall have the authority to appoint any adult person who is a citizen of the United States, is a resident of the city, is of good moral character, and who has not previously been convicted of a felony, to enforce the provisions of Texas Transportation Code ch. 681 in the city.
(b) 
Each person appointed pursuant to this section shall complete an application and satisfactorily complete a course of training on disabled parking enforcement.
(c) 
The application required by subsection (b) of this section shall show the name and address of the applicant, the name and address of the immediate members of the family of the applicant, the applicant's marital status, and shall have attached thereto a photograph of the applicant, together with sufficient fingerprints to definitely identify the applicant. The chief of police, or his designee, is specifically authorized to require additional information from the applicant. Upon receipt of the application required by the foregoing subsection (b) of this section, the chief of police, or his designee, shall cause a complete and thorough investigation to be made of the applicant to determine his qualifications as required by subsection (a) of this section.
(d) 
Any qualified persons so appointed shall have the power to serve citations for violations for failure to comply with the Texas Transportation Code ch. 681 in the same manner as any law enforcement officer of the state or county or municipality of the State of Texas subject to the following limitations:
(1) 
No person so appointed shall be deemed a peace officer, nor an employee of the State of Texas, Cameron County or the City of Harlingen, nor receive any compensation therefrom.
(2) 
No person appointed shall be required to complete training as a peace officer.
(3) 
No appointed person shall have the power to or duty to enforce other traffic or criminal laws.
(4) 
No appointed person shall possess or carry firearms or other weapons for the purpose of enforcing the disabled parking law.
(5) 
No appointed person shall be entitled to any indemnification from the State of Texas, County of Cameron, or the City of Harlingen for any injury or property damage sustained as a result of enforcement activities. Each appointed person shall specifically acknowledge that such person has no rights to any claim of injury or property damage resulting from disabled parking enforcement activities.
(6) 
No government agency, department, or officer of the State of Texas, Cameron County or City of Harlingen shall be liable or accountable for any act or omission of any person appointed to issue disabled parking citations pursuant to this section. Each authorized person shall specifically hold harmless the city, its employees, officers, and agents from liability for any such act of omission by such authorized person.
(Code 1973, § 28-19; Code 1997, § 71.03; Ordinance 94-44, adopted 7/6/1994)
(a) 
There is hereby established and created the office and position of parking control employee. Such office and position may be filled by persons whose qualifications, physical and educational, will permit the performance of the duties of parking control employees hereinafter defined and in accordance with such requirements that may be established from time to time by the city manager. All parking control employees shall be under the immediate supervision of the director of finance and be a part of the parking department of the city.
(b) 
It shall be the duty of each parking control employee to issue written notices, as prescribed by this article or other ordinances of this Code, whenever any vehicle is found to be unlawfully parked on any public street in the city in violation of any of the provisions of this article or other ordinances of the city or found unlawfully parked in any loading or freight zone or in any no parking zone designated by appropriate signs and/or markings as provided for in any traffic ordinance of the city whenever such vehicles are found so unlawfully parked within the area of all parking meter zones, restricted and/or no parking areas, established by the city commission in the city.
(c) 
This section shall never be construed as granting or establishing in parking control employees the powers or authority of a peace officer, or as having the power to make arrests or serve warrants; and such parking control employees shall be strictly prohibited and limited to the exercise and performance of the duties provided for in subsection (b) of this section. No authority to require signatures of violators on any notice or summons or promise to appear in the municipal court is granted to such employees.
(Code 1973, §§ 28-27—28-29; Code 1997, § 71.04; Ordinance 58-29, adopted 9/3/1958)
(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Applicant
is defined as the person who is requesting the permit.
Disability
means a condition in which a person has:
(1) 
Mobility problems that substantially impair the person's ability to ambulate;
(2) 
Visual acuity that would prohibit an applicant from driving as determined by an ophthalmologist or optometrist; or
(3) 
Visual acuity of more than 20/200 but with a limited field of vision in which the widest diameter of the visual field subtends an angle of 20 degrees or less.
Elderly
is defined as a person whose age is 70 years of age or older.
Mobility problem that substantially impairs a person's ability to ambulate
means that the person:
(1) 
Cannot walk 200 feet without stopping to rest;
(2) 
Cannot walk without the use of or assistance from a mechanical device, including a brace, a cane, a crutch, another person, or a prosthetic device;
(3) 
Cannot ambulate without a wheelchair or similar device;
(4) 
Is restricted by lung disease to the extent that the person's forced respiratory expiratory volume for one second, measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest;
(5) 
Uses portable oxygen;
(6) 
Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;
(7) 
Is severely limited in the ability to walk because of an arthritic, neurological, or orthopedic condition;
(8) 
Has a disorder of the foot that, in the opinion of a person licensed to practice podiatry in this state, limits or impairs the person's ability to walk; or
(9) 
Has another debilitating condition that, in the opinion of a physician licensed to practice medicine in this state, or authorized by applicable law to practice medicine in a hospital or other health facility of the veterans administration, limits or impairs the person's ability to walk.
Property owner
is defined as the owner of record for the residential property within the city limits.
Residential area
is defined as the area consisting of residential dwellings which include single-family houses, townhouses and duplexes.
(b) 
Eligibility requirements.
All of the following criteria must be satisfied for a location to be considered eligible for the installation of a "NO PARKING EXCEPT WITH PERMIT" sign:
(1) 
Applicants must not be delinquent in ad valorem taxes to the city or owe any fees or fines or tickets.
(2) 
An application provided by the engineering department must be submitted by the property owner in question or by an appointed representative.
(3) 
Provide a written documentation from a physician licensed to practice medicine in this state, or authorized by applicable law to practice medicine in a hospital or other health facility of the United States Department of Veterans Affairs, certifying and providing evidence acceptable to the department that the person making the application or on whose behalf the application is made is legally blind or has a mobility problem that substantially impairs the person's ability to ambulate. The statement or prescription must include a certification that the disability is permanent. The department shall determine a person's eligibility based on the medical documentation form provided by the applicant establishing legal blindness or mobility impairment. The applicant must also have been issued and show proof of having a current disabled license plate or a disabled placard issued by the State of Texas.
(4) 
Provide proof of residency such as a utility bill or phone bill. Name and address proof must match the location of the proposed installation of the sign. Local post office box is acceptable with proper proof of address reflected on the bill or statement.
(5) 
Provide a current, government-issued identification, such as a driver's license or passport, which contains the following: name, date of birth, expiration date, signature, and a recent and recognizable photograph.
(6) 
A deed or other legal document from the applicant proving ownership of the property. Permits will not be issued to properties which are leased to other individuals.
(7) 
The applicant must also provide current department of motor vehicle registration for the vehicle for which the permit will be issued.
(8) 
The permit may only be issued within residential areas. No commercial properties, nursing homes, or retirement homes shall be considered for this permit.
(c) 
Quantity and type of permits.
(1) 
Upon approval, the applicant shall be eligible for one handicap hang tag permit which must be placed on the brace for the rear view mirror located on the front windshield.
(2) 
The applicant, upon application approval, shall also be eligible to purchase one additional hang tag for a fee as established in the city fee schedule in chapter 18 to be given to whomever the applicant wishes. This additional hang tag shall also be placed on the brace behind the rear view mirror on the front windshield. The applicant shall be required to provide vehicle information to which the hang tag shall be placed to the engineering department.
(3) 
It shall be the applicant's responsibility to obtain a new hang tag if the vehicle is sold, stolen, is in an accident, the license plate numbers are changed, or any other situation which causes the hang tag to no longer become valid for the vehicle for which it has been assigned.
(4) 
The hang tags and the signs are nontransferable, therefore it shall be the applicant's responsibility to reapply for the installation of the signs and hang tags permits if the applicant moves or the residence is sold.
(5) 
The applicant shall only be eligible to receive a maximum of four replacement hang tags for each of the tags purchased. An applicant must provided adequate proof of loss or destruction of a hang tag to the engineering department prior to a replacement tag being issued.
(6) 
Once the maximum amount of replacement hang tags have been issued for a specific location, the applicant will have to reapply.
(d) 
Cost responsibility.
The applicant shall be responsible for the full cost of the permit fee and additional hang tags. The cost established for the permit shall be set as established in the city fee schedule in chapter 18 for the installation of proper signage, administration fees, and a hang tag permit for the vehicle. The cost established for the additional hang tags and replacement hang tags shall be set as established in the city fee schedule in chapter 18. Such charges established in this section shall be made and paid for at the time of issuance of such permits and no permit shall be issued unless the foregoing provisions established by this article have been fully complied with.
(e) 
Procedures for "No Parking Except with Permit" installation.
The initial request for the installation of the "No Parking Except with Permit" signs and permits must originate from the applicant living within a residential area. A request in writing from the applicant or representative must be forwarded to the following address:
Elderly and Disabled Parking Permit Program, Engineering Department
P.O. Box 2207
Harlingen, TX, 78551
If the residential area is determined not to be eligible, the applicant will be given written notification of that determination and its reasons.
(f) 
Removal of "No Parking Except with Permit" installation and penalty for violation.
If the applicant sells or moves from the address for which a permit has been issued, the new property owner may request that the sign be removed from the property at no cost to the new property owner.
(g) 
Penalty for violation.
If a person parks a vehicle in a space designated "No Parking Except with Permit" and does not display the proper permit, the person will be subject to a maximum fine of $200.00, a Class C misdemeanor, and the person's vehicle may be towed.
(Code 1997, § 71.05; Ordinance 12-58, § 1, adopted 9/5/2012)
(a) 
Definitions.
Authorized emergency vehicle
shall mean fire department trucks, police trucks, public ambulances for which permits have been issued by the state board of health, emergency trucks of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, private trucks operated by volunteer firemen or certified emergency medical volunteers while answering a fire alarm or responding to a medical emergency, and trucks owned by the state or by a political subdivision engaged in emergency utility repair or electric, water, or wastewater services.
(b) 
An operator of a vehicle or trailer, other than an "authorized emergency vehicle" may not stop, stand, or park a vehicle or trailer:
(1) 
On the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(2) 
On a sidewalk;
(3) 
In an intersection;
(4) 
On a crosswalk;
(5) 
Between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone,
(6) 
Alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic;
(7) 
On a bridge, on an elevated structure on a highway or in a highway tunnel;
(8) 
On a railroad track; or
(9) 
Where an official sign prohibits stopping.
(c) 
An operator of a vehicle or trailer (other than an authorized emergency vehicle) may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle:
(1) 
In front of a public or private driveway;
(2) 
Within 15 feet of a fire hydrant;
(3) 
Within 20 feet of a crosswalk at an intersection;
(4) 
Within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;
(5) 
Within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or
(6) 
Where an official sign prohibits standing.
(7) 
At any curbing painted yellow, pursuant to any city ordinance, indicating a "no parking" area.
(d) 
An operator of a vehicle or trailer (except an authorized emergency vehicle) may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle:
(1) 
Within 50 feet of the nearest rail of a railroad crossing; or
(2) 
Where an official sign prohibits parking.
(e) 
A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk.
(f) 
Subsections (b), (c), and (d) do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic-control device.
(Ordinance 2022-27, § 1, adopted 6/15/2022)
(a) 
No person, firm or corporation, shall park, stand, store or leave a motor vehicle upon the city parking lot located at 202 East Tyler Avenue adjacent to City Hall, on any day of the week after 7:00 p.m.
(b) 
Designation of no parking area, to effectuate the prohibition on the city parking lot, a conspicuous sign shall be posted at all entrances to the parking lot informing the public as to the permitted conditions of parking thereon. A sign as hereinafter described shall be deemed in substantial compliance with this section:
PARKING RESTRICTED
EXCEPT FOR Official City business between 7:00 a.m. and 7:00 p.m.; during a City Commission or other City Board meetings; City Approved events; and adjacent businesses between 7:00 a.m. and 7:00 p.m. M-F.
ALL OTHERS KEEP OUT
UNDER PENALTY OF LAW
HCC 46-167
POLICE ENFORCEMENT
The sign shall be not less than 17 inches in width by 22 inches in height, with red lettering not less than one inch high upon a white background. Any person who parks or leaves a vehicle on such posted premises shall be deemed in violation of this section.
(c) 
Enforcement.
This title may be enforced by the chief of police, any police officer, or any parking enforcement officer in the same manner as provided for the enforcement of traffic or parking ordinances including the issuance of citations or any other procedure authorized by law. The first violation will result in a citation being issued with an amount not to exceed $250.00. A second violation will result in the vehicle being towed and a citation not to exceed $400.00.
(d) 
When vehicles may be removed, any person, firm or corporation parking, standing, storing, or leaving a motor vehicle within the parking lot adjacent to City Hall located at 202 East Tyler, without the consent and permission of city is a public nuisance and the chief of police or any police officer may immediately remove such motor vehicle from the property by having it towed.
(e) 
That the city secretary is hereby authorized and directed to cause a true copy of the caption of this section to be published in a newspaper having general circulations in the City of Harlingen, Cameron County, Texas.
(Ordinance 2022-49, § I, adopted 11/2/2022)
[1]
Editor's note — These provisions were originally designated as § 46-167 but were redesignated as § 46-168 due to a preexisting § 46-167.