2011-113\\codad\departnients\1ega1\our documents\ordinances\1 Mparking enforcement amendment-finalldoe
ORDINANCE NO. 2011-113
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS
OF CHAPTER 18 RELATING TO MOTOR VEHICLES AND TRAFFIC BY RE-
NUMBERING SECTION 18-95 "STOP INTERSECTIONS" TO SECTION 18-3.1; BY
ADDING SECTION 18-91.50 TO PROHIBIT STOPPING OR PARKING OF VEHICLES IN
CERTAIN PLACES; BY ADDING SECTION 18-91.51 ESTABLISHING ADDITIONAL
PARKING REGULATIONS; BY AMENDING SECTION 18-143 TO CHANGE THE
MINIMUM FINES ESTABLISHED FOR CERTAIN PARKING OFFENSES; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by re-numbering Section 18-95 "Stop
Intersections." Section 18-95 shall be re-numbered to Section 18-3.1 and shall read as follows:
Sec. 18-3.1. Stop Intersections.
The traffic engineer may designate any street intersection as a stop intersection and designate the
streets upon which vehicles shall stop before entering such intersections. Whenever any
intersection has been so designated, the traffic engineer shall cause the same to be identified by
the erection of stop signs indicating which vehicles approaching the intersection shall stop, and it
shall be the duty of the driver of any vehicle approaching such a sign to bring such vehicle to a
complete stop at such sign or at a clearly marked stop line before entering the intersection,
except when directed to proceed by a police officer or a traffic-control signal. After having so
stopped, such driver shall yield 'the right-of-way to other vehicles which have entered the
intersection or which are approaching so closely as to constitute an immediate hazard. Such
driver, after having so yielded, may proceed, and the drivers of all other vehicles approaching on
the intersecting street shall yield the right-of-way to the vehicle so proceeding into or across the
intersection.
SECTION 2. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by adding Section 18-91.5 "Stopping or parking
prohibited in certain places." Section 18-91.5 shall read as follows:
Sec. 18-91.50. Stopping or parking prohibited in certain places.
(a) An operator may not stop or park a vehicle:
(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, unless the
governing body of a municipality designates a different length by signs or
markings;
(6) alongside or opposite a street excavation or obstruction if stopping or
parking the vehicle would obstruct traffic;
(7) on a bridge or other elevated structure on a highway or in a highway
tunnel;
(8) on a railroad track;
(9) where an official sign prohibits stopping; or
(10) within five (5) feet of a public or private driveway or blocking any
portion of a public or private driveway or access to such driveway.
(b) An operator may not, except momentarily to pick up or discharge a passenger, stop
or park an occupied or unoccupied vehicle:
(1) in front of a public or private driveway or within 5 feet of a 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 stopping or parking.
(c) An operator 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.
(d) A person may stop 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.
(e) A person may not stop or park a vehicle on a public right-of-way or a state or city
easement for the purpose displaying the vehicle for sale.
SECTION 3. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by adding Section 18-91.5 "Stopping or parking
prohibited in certain places." Section 18-91.5 shall read as follows:
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Sec. 18-91.51. Additional parking regulations.
(a) An operator who stops or parks on a two-way roadway shall do so with the right-
hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the
roadway.
(b) An operator who stops or parks on a one-way roadway shall stop or park the
vehicle parallel to the curb or edge of the roadway in the direction of authorized traffic
movement with the right-hand wheels within 18 inches of the right-hand curb or edge of the
roadway or the left-hand wheels within 18 inches of the left-hand curb or edge of the roadway.
This subsection does not apply where a local ordinance otherwise regulates stopping or parking
on the one-way roadway.
(c) Subsections (a) and (b) shall not apply if the City has established angled parking
spaces on the roadway.
SECTION 4. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by adding the words "truck, truck-tractor, pull
trailer, semi-trailer" to subsection (a) of Section 18-92.1 "Parking Nuisances" and by adding
subsection (c) to Section 18-92.1. Section 18-92.1 shall read as follows:
Sec. 18-92.1 Parking Nuisances.
(a) It shall be unlawful for a person to park or store or allow another to park or store
a recreational vehicle, travel trailer, boat or boat trailer, tow truck, truck, truck-tractor, pull
trailer, semi-trailer or any vehicle other than a passenger car on any public right-of-way in any
residential zoned district.
(b) No person shall park any vehicle upon the street in any manner as to obstruct the
loading or unloading of any solid waste container.
(c) It shall be a defense to prosecution under subsection (a) if the vehicle was parked
on the public-right-of-way in compliance with Section 18-52 of this Code of Ordinances.
SECTION 5. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by amending Section 18-98 "Overnight Parking" to
add a requirement that only vehicles lawfully registered, inspected and insured may be parked on
city streets. Section 18-98 shall be shall read as follows:
Sec. 18-98. Overnight parking.
Overnight parking for storage on any paved street is hereby prohibited. "Overnight
parking for storage" is hereby defined as the habitual parking or storing of cars, trucks, tractors
or other vehicles on paved streets during the hours from sundown to sunup, except temporarily
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disabled vehicles which are protected by flares or other approved signal devices. It is not the
intent of this section to prohibit or interfere with passenger cars temporarily parked at night when
such parking is not in excess of twenty (20) continuous hours and if the following conditions are
met:
(1) the vehicle displays current vehicle inspection;
(2) the vehicle displays current vehicle registration; and
(3) the owners maintain current insurance or other proof of financial responsibility.
SECTION 6. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by amending Section 18-108 "Parking of
unauthorized vehicles in spaces designated for disabled persons prohibited" to add a provision to
make it a violation to block or encroach on a handicapped space. Section 18-108 shall read as
follows:
Sec. 18-108. Parking of unauthorized vehicles in spaces designated for disabled persons
prohibited.
It shall be unlawful for any person to stop, park or leave any vehicle in any parking space
designated as exclusive parking for disabled persons pursuant to Section 18-107 unless such
vehicle is displaying a specially designed symbol, tab or other device issued by the state
department of highways and public transportation affixed to the license plates of such vehicle
indicating the operator thereof or a passenger therein is permanently disabled or unless such
vehicle is displaying an identification card issued by the department indicating the operator of
such vehicle or a passenger therein is temporarily disabled. It shall be unlawful to block or
encroach on a handicap access.
SECTION 7. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by amending Section 18-140 "Enforcement" to
remove the requirement of the three unpaid citations being within a calendar year. Section 18-
140 shall read as follows:
Sec. 18-140. Enforcement.
(a) An order filed by a hearing officer under this article, or a final judgment of the
municipal court after appeal, may be enforced by:
(1) impounding the vehicle;
(2) immobilizing by the placing of a device ("boot") that prohibits the
movement of a motor vehicle on the vehicle that is the subject of the order
filed;
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(3) an additional fine if not paid within the specified time;
(4) denial of parking permits; or
(5) provisions of Section 18-143(g)(2).
(b) Provided, however, that no vehicle shall be impounded under (a)(1) or
immobilized under (a)(2) of this article unless:
(1) the offender has three (3) or more unpaid vehicle parking or stopping
offenses; and
(2) written notice is mailed to the registered owner of the vehicle at least ten
(10) days before the vehicle is impounded or immobilized, said notice to
inform the registered owner of the vehicle's eligibility of immobilization
or impoundment. The notice shall state the vehicle is eligible for
immobilization or impoundment because the criteria of three (3) or more
unpaid vehicle parking or stopping offenses has been met. Said notice
shall also inform the owner of his right to submit information to the
hearing officer regarding the propriety of the immobilization or
impoundment of the vehicle.
SECTION 8. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and
Traffic") be and the same is hereby amended by amending Section 18-143 "Fines and fees."
Section 18-143 shall read as follows:
Sec. 18-143. Fines and fees.
(a) The owner of any vehicle found to be in violation of any provision of this
Chapter related to the parking or stopping of vehicles shall be liable to the City of Denton and
shall owe a civil administrative penalty in an amount not less than $1.00, nor more than
$200.00, unless for an offense related to Handicap Parking, in which case the penalty cannot
exceed $500.00, in accordance with a schedule of civil administrative parking penalties as
promulgated by the Presiding Judge of the Denton Municipal Court. The schedule of civil
administrative parking penalties shall be reviewed annually by the Presiding Judge of the Denton
Municipal Court, and shall be available to the public upon request at the offices of the Municipal
Court Clerk or City Secretary.
(b) If the owner of a vehicle to which a parking citation has been issued makes a
timely request for hearing as set forth in this Chapter, the Civil Administrative Hearing Officer
may, within their reasonable judgment or discretion, or upon proper appeal, the Presiding Judge
of the Municipal Court or designated Assistant Municipal Judge, may assess a civil
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administrative fee in an amount greater than or less than that established by the promulgated
schedule of civil administrative parking penalties.
(c) The owner of any vehicle to whom a parking citation has been issued shall have
fifteen (15) days from the date of issuance of said citation in which to either pay the civil penalty
assessed or due or file a written notice or request for a civil administrative hearing as to the issue
of liability with the Denton Municipal Court Clerk either in person or by mail at 601 E. Hickory,
Ste. D, Denton, Texas, 76205. Unless a written notice or request for administrative hearing has
been properly filed within fifteen (15) days of the issuance of the citation, any citation which
remains unpaid, after fifteen (15) days shall be deemed to be delinquent and the owner of the
vehicle shall be liable to the City of Denton for all civil administrative penalties and fees as
provided under this Chapter.
(d) Any civil administrative penalty assessed and due under this Chapter which
remains unpaid on or after the sixteenth (16"') day after the date of issuance, shall be increased in
an amount of Thirty-Five Dollars ($35) over and above the initial amount of penalty due or
assessed, unless a timely written notice or request for an administrative hearing has been filed
with the Denton Municipal Court Clerk or Parking Enforcement Division Office as referenced
herein.
(e) In order to appeal a finding of liability after an Administrative Hearing before a
hearing officer, the owner of a vehicle found to be liable must, within thirty (30) days after the
filing of the hearing officer's order as provided in section 18-139, file a written request or notice
of appeal with the Denton Municipal Court Clerk. The written request or notice of appeal must
be accompanied by payment of a cash bond in the amount of the civil administrative penalty
assessed, an administrative hearing fee of twenty-five dollars ($25.00) and, a municipal court
appellate filing fee in the amount of twenty-five dollars ($25.00).
(f) The owner of a vehicle who has contested liability at a timely and properly
requested Administrative hearing, but who has been found liable by the Administrative Hearing
Officer after consideration of testimony or evidence shall be assessed an additional fee of
twenty-Five Dollars ($25), which shall also be due at the same time as the civil administrative
penalty assessed.
(g) The payment of a civil administrative penalty to the parking division shall be
deemed an acknowledgement of liability for the parking violation.
(h) The boot fee shall be fifty dollars ($50.00). In addition to the boot fee, charges for
towing and/or storage of impounded vehicles shall be as provided by the law applicable to
abandoned vehicles.
(i) If three (3) or more parking citations remain outstanding because of non-payment
or failure to request an administrative hearing within fifteen (15) days after date of issuance of
the citations, the Parking Enforcement Division shall send to the registered owner of the vehicle
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to which the citations had been affixed a letter informing the owner that the citations are
delinquent and that either or both of the following actions may be taken if the citations have not
been answered within ten (10) days of the date of the letter:
(1) The vehicle may be impounded in place by means of an immobilization
device or, at the option of the city, towed away to a secure area of
impoundment. If the vehicle is towed to a secure impoundment, the owner
shall be responsible for towing and storage charges.
(2) The registered owner of the vehicle on the dates which such parking
violations occurred may be summoned to appear in the municipal court by
an order of a hearing officer. Failure to response to such order may result
in further charges including but not limited to failure to appear or a
violation of city ordinance. Such charges shall be considered a class C
misdemeanor charge. Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense.
0) All fines, costs, and fees shall be deposited in the proper account of the general
fund of the city, unless otherwise directed by resolution of the city council.
SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 10. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 11. Any person found liable of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per offense
per day. Each day that a provision of this ordinance is violated shall constitute a separate
offense.
SECTION 12. This ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
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PASSED AND APPROVED this the N day of , 2011.
MARK A. BURRO S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 'iz~ke'
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