Sec. 19-216. - Reserved.

Editor's note—

Ord. No. 2010-05-06-0387, § 3, adopted May 6, 2010, repealed the former section 19-216 in its entirety, which pertained to parking meter zone, loading zone and no parking during certain hours—when restrictions applicable, and derived from the Code of 1959, § 38-19.1; Ord. No. 28398, § 1, adopted March 31, 1960; Ord. No. 29941, § 1, adopted November 8, 1961; Ord. No. 29961, § 1, adopted November 22, 1961; Ord. No. 73959, § 5, adopted July 18, 1991, and Ord. No. 74210, § 8, adopted August 29, 1991.

Sec. 19-217. - Parking meter and pay station zones.

(a)

The city manager or the manager's designee, severally, may establish paid-parking zones, both along public street right-of-way and on parking lots owned or controlled by the city. All areas for which city council has previously authorized parking meters and has not repealed the authorization are paid-parking zones.

(b)

The city manager or the manager's designee, severally, may determine where within paid-parking zones to install parking meters and where to install pay stations.

(Code 1959, § 38-69; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Editor's note—

Ord. No. 2010-05-06-0387, § 4, adopted May 6, 2010, changed the title of section 19-217 from "Parking meter zone" to "Parking meter and pay station zones."

Sec. 19-218. - When regulations in effect.

(a)

Paid-parking zone regulations apply on public street right of way throughout the city Monday through Saturday between the hours of 8:00 a.m. and 6:00 p.m., except on designated city holidays or as otherwise indicated on the device.

(b)

Paid-parking zone regulations other than for on-street parking apply during the days and hours designated on the device. The city manager and her designee, severally, may determine the days and hours of operation for current or future paid-parking zones.

(Code 1959, § 38-70; Ord. No. 37794, § 1, 8-14-69; Ord. No. 39283, § 1, 2-25-71; Ord. No. 39650, § 2, 7-8-71; Ord. No. 48777, 11-23-77; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Sec. 19-219. - Designation of parking spaces.

Individual parking spaces within an on-street parking meter zone are designated by the individual meter poles. Individual parking spaces for off-street parking facilities are designated by lines or numbers or both. The city need not designate individual spaces in the on-street pay-station zones, but pay-station zones should have signs at both ends of the zone. Parkers must park their vehicles within the signs.

(Code 1959, § 38-71; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Sec. 19-220. - Installation and set-up of meters and pay stations.

(a)

The traffic engineer must provide for installing, setting up, and maintaining parking meters and pay stations where authorized by law.

(b)

Each parking meter and pay stations must be set so as to be actuated by the deposit of the appropriate coins of the United States of America or of certain credit/debit cards. Each parking meter or pay station must show the legal parking time for the zone.

(c)

The city manager, the manager's designee, and the director of the department overseeing parking operations may issue a parking card for use in a pay station and may establish rules to administer usage.

(Code 1959, § 38-72; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Editor's note—

Ord. No. 2010-05-06-0387, § 4, adopted May 6, 2010, changed the title of section 19-220 from "Installation of meters" to "Installation and set-up of meters."

Sec. 19-221. - Operation of meters and pay stations.

(a)

When any vehicle is parked in any on-street paid-parking zone, the operator of such vehicle must immediately pay the parking meter or pay station by a method indicated on the device for the desired parking time. When paying with a credit or debit card, the minimum payment is for sixty (60) minutes. The operator of a vehicle in a parking meter space may pay for the desired parking time at a pay and display station, if the rates and time limits are the same as the parking meter and the receipt is properly displayed on the vehicle. Receipts from pay and display stations must be attached to the inside of the vehicle's windshield and on the side next to the curb so that it is easily readable by police and parking enforcement officers.

(b)

The proper amounts for the use of a parking meter or pay station space are as follows:

(a)

One-hour parking meters: The required amount of money for the use of a parking meter space within the maximum sixty (60) minutes parking zone shall be:

(b)

Two-hour parking meters: The required amount of money for the use of a parking meter space within the maximum one hundred twenty (120) minutes parking zone shall be:

(c)

Ten-hour parking: The required amount for the use of an on-street parking space within the maximum ten-hour limit shall be:

(c)

When any vehicle is parked in an off-street paid-parking zone, the operator of such vehicle shall immediately pay by whatever methods indicated on the device as required for the desired parking time. The proper amount for the use of a parking meter or pay station space will be indicated by signage or on the device for that particular parking facility.

(d)

Pay-and-display station receipts allow parking only a single vehicle that must not exceed eighteen (18) feet in length.

(Code 1959, 38-73; Ord. No. 37794, 1, 8-14-69, Ord. No. 53754, § 6, 5-14-81; Ord. No. 66449, § 1, 1-21-88; Ord. No. 2009-09-17-0731N, § 2, 9-17-09; Ord. No. 2010-05-06-0387, § 4, 5-6-10; Ord. No. 2010-09-16-0791, § 1(Att. I), 9-16-10)

Editor's note—

Ord. No. 2010-05-06-0387, § 4, adopted May 6, 2010, changed the title of section 19-221 from "Operation of meters" to "Operation of meters and pay stations."

Sec. 19-222. - Violations.

It is unlawful and a violation of the provisions of this article for any person:

(1)

To cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be parked in a paid-parking zone when the pay station or parking meter governing the space does not show paid-for time.

(2)

To deposit in a parking meter or pay station any payment for the purpose of parking beyond the maximum legal parking time for the particular zone.

(3)

To park a vehicle at any place in a parking meter zone except within a parking meter space.

(4)

To park any vehicle across any line or marking or a parking meter or pay station space or in such position that the vehicle is not entirely within the area designated by the line or markings.

(5)

To fail to pay at the appropriate parking meter or pay station the proper amount immediately upon parking in a paid-parking zone.

(6)

To fail to attach and display a pay station receipt to the inside of the vehicle's windshield adjacent to the curb. The receipt must be placed in a position so that it can be read from outside of the vehicle.

(Code 1959, § 38-74; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Sec. 19-223. - Presumptions.

The presence of a vehicle in a paid parking zone (a) when the paid-for time shown on adjacent parking meter is expired, (b) when the paid-for time shown on the relevant pay-by-space station has expired, or (c) when the paid-for time shown on the pay-and-display station receipt has expired is prima facie evidence (x) that the vehicle has been parked beyond the legal period of time fixed by this article or (y) that the operator did not deposit proper payment.

(Code 1959, § 38-75; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Sec. 19-224. - Enforcement of regulations.

It is the duty of the police department and the parking division of the downtown operations department, through its parking enforcement section, or of such other city employees as may be designated by the city manager, to enforce the provisions of this article and prosecute offenders. Parking violation notices should contain the number of the parking meter or pay station at which the vehicle is parked, the name of the state and number of the vehicle's license plate; the nature of the violation, and any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.

(Code 1959, § 38-76; Ord. No. 64109, § 2, 12-4-86; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Sec. 19-225. - Administrative adjudication of stopping, standing and parking violations.

(a)

Establishment of administrative adjudication. All stopping, standing, and parking ordinance violations listed under V.T.C.A., Transportation Code §§ 545.301, 545.302, 545.303, and/or the City Code are hereby declared to be civil offenses.

(b)

Notice of right to instanter hearing and notice of time and place of scheduled hearings. The citation or summons must provide information as to the time and place of an administrative adjudication hearing and must contain a notification that the person charged has the right of an instanter hearing prior to the scheduled hearing. The issuing peace officer or authorized parking enforcement agent shall not be required to attend the instanter hearing.

(c)

Hearing officers. Hearing officers shall be appointed by the city manager. Said officers shall have authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents, such orders to be enforced by a municipal court.

(d)

Vehicle registered owner presumed to be operator. At the hearing, it is presumed that the registered owner of the vehicle that is the subject of the hearing is the person who parked or stopped the vehicle at the time and place of the offense charged.

(e)

Prima facie evidence. The state department of highways and public transportation computer generated record of the registered vehicle owner is prima facie evidence of its contents. The original or any copy of the summons or citation is also prima facie evidence of the facts contained therein.

(f)

Hearing officer order. The hearing officer shall issue a written order stating whether or not the person charged is liable for the violation, and the amount of any fine, costs, or fee assessed against the person charged. The order shall be filed with the municipal court director. The failure of any person charged with an offense to appear at the hearing shall be an admission of liability for the charged offense. The record of witness testimony may be preserved for appellant review by the use of an audio tape recording or a video tape recording.

(g)

Enforcement measures. Hearing office orders may be enforced by the following:

(1)

Vehicle impoundment if the subject vehicle is found on any public street, public right-of-way, public easement, or city-owned parking facility, or other public property, if the vehicle owner has committed three (3) or more offenses in any calendar year;

(2)

Immobilization of the subject vehicle if found on any public right-of-way, easement, city owned parking facility or other public property;

(3)

Imposition of an added fine after a specified time;

(4)

Refusal to allow registration of the subject vehicle as provided by V.T.C.A., Transportation Code § 702.003.

(h)

Maximum fine. The total of fines, costs, and fees per violation shall not exceed five hundred dollars ($500.00). All fines, costs, and fees shall be paid into the city treasury general fund for the use and benefit of the city.

(i)

Appeal. A person determined by the hearing officer to be in violation may appeal the decision to a municipal court by filing an appeal petition with the court clerk not later than thirty (30) days after the order is filed and by paying a five dollar ($5.00) appeal filing fee. The appeal hearing must be scheduled to occur within ten (10) days of the filing of the appeal petition. The appeal hearing before a municipal court judge shall be an administrative proceeding for the purpose of confirming or overruling the order issued by the administrative hearing officer based upon the evidence presented to the administrative hearing officer. The record of witness testimony may be preserved for appellant review by the use of an audio tape recording or a video tape recording.

(j)

Bond. Neither a notice of intent to appeal nor the filing of an appeal petition shall stay the enforcement and collection of the judgment order unless the service of the notice of appeal is preceded by the posting of a bond with the municipal court director in an amount set by a municipal court judge.

(k)

Effective date. Parking and stopping offenses occurring before September 1, 1987, shall be governed by the law in effect when the offense occurred, and the former law is continued in effect for that purposes.

(l)

Administrative procedures. The municipal court director shall establish a written body of administrative procedures for these cases.

(m)

Booting fee. The city shall recover the cost of enforcement of a hearing officer's order to boot an offending vehicle by requiring the payment of a sixty-dollar ($60.00) booting fee prior to de-booting or prior to release of a vehicle from the impoundment facility. No booting fee shall be collected, however, if the vehicle is towed and impounded to remove it from risk of vandalism or theft within twenty-four (24) hours of booting, said protective impoundment to be at the discretion of the parking enforcement supervisor or any police officer.

(n)

Misdemeanor offense. It shall be unlawful for any unauthorized person to remove the immobilization device (boot) from the wheel of a vehicle, or to remove the booted wheel from a vehicle, or to move the booted vehicle, or to disable or damage the booting device. Violation of this subsection shall constitute a Class "C" misdemeanor offense, punishable by a fine of not more than five hundred dollars ($500.00).

(Ord. No. 65690, § 1, 9-10-87; Ord. No. 66559, 2-11-88; Ord. No. 90496, § 2, 9-16-99; Ord. No. 99738, § 1, 9-16-04; Ord. No. 2009-09-17-0731I, § 2, 9-17-09; Ord. No. 2010-05-06-0387, § 4, 5-6-10)

Sec. 19-226. - Free parking at meters for gasoline-electric hybrid vehicles.

(a)

The director of downtown operations is to adopt a system of registering gasoline-electric hybrid vehicles (hybrids). On application by the owner, the director will register hybrids and issue decals, placards, or other evidence of registration to be affixed to or displayed on the hybrid. The director is to establish rules for the proper display of the evidence of registration.

(b)

Registered hybrids properly displaying the evidence of registration may park without charge at all parking meters maintained by the city, but only for the maximum duration of the meter. Hybrids remaining at a meter beyond its maximum duration may be ticketed in the same manner as other vehicles with expired meters. Meter charges are not abated for hybrids or other vehicles displaying evidence of registration issued to a different vehicle.

(Ord. No. 2006-05-04-0557, § 1, 5-4-06; Ord. No. 2007-05-10-0523, § 1, 5-10-07)

Secs. 19-227—19-235. - Reserved.