2007-013
S:\Our Documents\Ordinances\07\Dcnton ProJXIsed Parking Ord.doc
ORDINANCE NO. 2tJ01-01?
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DENTON, BY AMENDING ARTICLE IV OF CHAPTER
]8 BY ADDING DIVISION 3 TO ESTABLISH A PARKING VIOLATIONS DIVISION;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED $500.00; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City Council") under the
authority of Chapter 682 of the Texas Transportation Code has determined that it would be
advantageous and beneficial to the City of Denton, Texas ("Denton") and its inhabitants to
implement an administrative adjudication procedure of vehicle parking and stopping offenses;
and
WHEREAS, the City Council declares thc violation of municipal ordinances rclated to
parking or stopping a vehicle to be a civil offense pursuant to the authority granted in Section
682.002 of the Texas Transportation Code; and
WHEREAS, by this ordinance the City Council is establishing an administrative
adjudication hearing procedure under which a civil fine may be imposed; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION]. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. Chapter 18 of the Code of Ordinances of the City of Denton, Texas, is
hereby amended to add Division 3 Parking Violations Division to Article IV:
ARTICLE IV STOPPING, STANDING, AND PARKING
DIVISION 3. PARKING VIOLATIONS DIVISION
Sec. 18-134. Parking Division created.
There is hereby creatcd a "Parking Violations Division", in and for the City of Denton
which shall have original jurisdiction ovcr cases involving violations of city ordinances relating
to the parking, stopping, or standing of vehicles as contained in Chapter ] 8 of the Code of the
City of Denton.
Sec. 18-135. Hearing officers.
(a) The parking violations division shall be composed of one or more hearing officers who
shall be appointed by and under the direction of the Presiding Judge for the City of
Denton Municipal Court.
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(b) Hearing officers shall have the authority to administer oaths and to issue orders
compelling the attendance of witnesses and the production of documents.
(c) An order compelling the attendance of witnesses or the production of documents may be
enforced by the municipal court.
Sec. 18-136. Parking citations.
(a) Violations of city ordinances relating to parking, stopping, or standing are declared to be
civil offenses. The administrative adjudication process for parking, stopping, or standing
violations shall be initiated by the issuance of a parking citation which may be issued by
a peace officer or other authorized parking enforcement agent. Authorized parking
enforcement agents shall include any police officer, parking control officer, or other
employee of the city designated by the chief of police, or the city manager to enforce the
provisions of this code in regard to the parking, stopping, or standing of vehicles.
(b) If the owner or operator of the vehicle is not present at the time of issuance of the
citation, the citation may be issued by affixing the citation to the vehicle in a conspicuous
place.
(c) The citation shall provide that the owner or operator of the vehicle charged with a
parking, stopping, or standing offense shall have the right to a hearing to determine the
issue of liability for the charged offense. Such right to a hearing shall be requested and
initiated by:
(2)
filing a written request by U.S. postal service mail, addressed to the Denton
Municipal Court Clerk, postmarked not later than the 15th day after the date the
citation was issued; or
appearing in person before the Denton Municipal Court Clerk and making written
request for an administrative hearing within fifteen (15) days from the date of the
citation.
(I)
(d) The original or any copy of the citation or summons is a record kept in the ordinary
course of business in the city and is rebuttable proof of the facts it contains.
Sec. 18-137. Presumption of ownership.
(a) In any civil administrative process charging a violation of any law or regulation
governing the standing or parking of a vehicle, proof that the particular vehicle described
on the citation was parked in violation of any such law or regulation, together with proof
that the owner or operator of the vehicle was at the time of such parking the registered
owner of such vehicle as described under subsection (b), shall constitute evidence of a
prima facie presumption that the registered owner of such vehicle was the person who
parked or placed such vehicle at the point where, and for the time during which, such
violation occurred.
(b) In the event such vehicle was, at the time of such parking, registered in the name of, or
owned by, a corporation, partnership, association, governmental body or any entity other
than an individual, proof that the particular vehicle in question was parked in violation of
any such Jawor regulation, together with proof that the owner or operator of the vehicle
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did, at the time of such parking, have custody or control of such vehicle, shall constitute
in evidence a prima facie presumption ,that such person having custody or control of such
vehicle was the person who parked or placed such vehicle at the point where, and for the
time during which, such violation occurred.
(c) A Texas State Department of Transportation computer-generated record of the registered
vehicle is prima facie evidence of its contents in an administrative adjudication hearing
under this article, At the Administrative Hearing, the Hearings Officer may consider a
computer-generated record of the registered vehicle as evidence. At any appeal of the
Administrative Hearing Officer's finding of liability, the Municipal Court Judge may
consider a computer-generated reeord of the registered vehicle as evidenee.
Sec. 18-138. Right to an Administrative Hearing.
(a) Upon timely request, an administrative hearing shall be held not later than the thirtieth
(3oth) day after the date such request is received by the Municipal Court Clerk.
(b) At the hearing before the hearing officer, the owner or operator of the vehicle may either
admit, admit with explanation, or deny the alleged infraction.
(e) The issuing peaee officer or other authorized parking enforeement agent shall not be
required to attend the hearing.
(d) It is not required that the City Attorney or other legal representative of the City attend the
hearing. Provided, however, that if the owner or operator of the vehicle is represented by
legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who
shall have a right to appear on behalf of the city at said hearing.
(e) No forrnal or sworn complaint shall be necessary. The hearing officer shall examine the
contents of the citation and the evidence related to ownership of the vehicle in question,
and shall hear and review the testimony and evidence presented by the owner or operator
of the vehicle. If the hearing officer dcterrnines by the preponderance of the evidence that
the violation was committed by the owner or operator of the vehicle, he shall find the
owner or operator of the vehicle liable therefore.
(I) At the conclusion of the hearing, the hearing officer shall issue an order stating whether
or not the person charged is liable for violation of the parking, stopping, or standing
ordinance and the amount of any civil fines, costs, or fees assessed against him. The order
shall be filed with the clerk of the municipal court. All such orders shall be kept in a
separate index or file by the municipal court clerk using appropriate data processing
techniques.
(g) After having made a written request for an Administrative Hearing as provided herein,
failure of a person to appear at that administrative hearing shall constitute an admission
of liability for the charged offense.
Sec. 18-139. Appeal of the Administrative Hearing.
(a) A person deterrnined by the administrative hearing officer to be in violation of a parking,
stopping, or standing ordinance may appeal this deterrnination to the Denton Municipal
Court.
(b) A person who is found liable after an administrative adjudication hearing or who requests
an administrative adjudication hearing and thereafter fails to appear at the time and place
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,
of the hearing is liable for administrative hearing fee in the amount of twenty-five dollars
($25.00). This fee is in addition to the amount of the civil penalty assessed for the
violation. A person who is found liable for a civil penalty after an administrative
adjudication hearing shall pay the civil penalty and costs within ten (10) days of the
hearing.
(c) The decision of the administrative hearing officer may be appealed by filing a cash bond
with the Clerk of the Municipal Court. The amount of the cash bond shall include the
fine, plus all late payment fees, the administrative hearing fee of twenty-five dollars
($25.00), as well as an additional municipal court appellate filing fee in the amount of
twenty-five dollars ($25.00), not later than the thirtieth day after the filing of the hearing
officer's order.
(d) After receiving a petition for appeal of the administrative hearing officers decision, along
with the cash bond, the municipal clerk shall schedule a hearing before the Judge of the
Denton Municipal Court and notify all parties of the date, time, and place of the hearing.
(e) The appeal hearing shall be a trial de novo. The Municipal Court Judge shall examine the
evidence presented at the appellate hearing and if the Municipal Judge determines by the
preponderance of the evidence that the violation was committed by the owner or operator
of the vehicle, the Municipal Court Judge shall find the owner or operator of the vehicle
liable therefore.
(I) Notice of appeal under this section does not stay the enforcement and collection of thc
judgment unless the person who files the appeal posts a cash bond concurrently with the
filing of the petition (notice of appeal) with the clerk of the municipal court. Said cash
bond shall be in the amount of all fines, costs, and fees assessed by the hearing officcr.
Sec. 18-140. Enforcement.
(a) An order filed by a hearing officer under this articlc, or a final judgment of the municipal
court after appeal, may be enforced by:
(I) 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;
(3) An additional fine ifnot paid within the specified time;
(4) Denial ofparkin'g permits; or
(5) Provisions of section 18-143(g)(2).
(b) Provided, however, that no vehicle shall be impounded under (a)(I) or immobilized undcr
(a)(2) of this article unless:
(I)
the offender has committed three (3) or more vehicle parking or stopping offenses
within a calendar year; and '
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 or more vehicle parking or stopping offenses within a
calendar year has been met. Said notice shall also inform the owner of his right to
(2)
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submit information to the hearing officer regarding the propriety of the
immobilization or impoundment of the vehicle.
Sec. 18-141. Procedures for immobilization and/or impoundment.
(a) When a vehicle is found parked, whether legally or illegally, at any time upon a public
street or public property in the city, and such vehicle has met the criteria for
immobilization or impoundment as provided in section 18-140, any authorized parking
enforcement agent of the city may immobilize the vehicle by the installation on or
attachment to the vehicle of a device, or boot, designed to prohibit the movement of the
vehicle. In the alternative, such vehicle may be towed and impounded, provided that the
towing and impoundment is authorized at the direction of a peace officer.
(b) At the time of immobilization, the agent shall also conspicuously attach to the vehicle a
written notice on a form provided by thc city, said notice to contain the following
information:
(1) Notice that the vehicle has been immobilized pursuant to this article, and that
attempted movement may eausy damage to the vehicle;
(2) That release of the vehicle may be obtained at a designated place;
(3) That the owner may request a hearing regarding the immobilization; and
(4) That the vehicle may be towed and impounded after a designated period of time.
(c) Any vehicle which remains immobilized at 4:00 p.m. may be towed and impounded.
(d) In the event that a vehicle is towed and impounded, the owner thereof shall be
responsible for payment of applicable fees for towing, impoundment, and storage in
addition to the fines, costs, and fees provided for herein. Towed vehicles that are not
redeemed within thirty (30) days shall be subject to disposition in the manner provided by
state law.
(e) This section is to be cumulative of existing law, and nothing herein shall be construed to
restrict or limit the right to tow and impound vehicles under other applicable law.
Sec. 18-142. Boot removal and payment of towing fees.
(b)
The registered owner of an immobilized or impounded vehicle, or other authorized
person, may secure the release of the vehicle upon payment of fines and fees or the
posting of a cash bond in the amount of the fine and late fees, for each delinquent parking
citation in addition to the applicable boot fee
If, prior to release of the vehicle from impoundment, or prior to removal of the
immobilization device, the owner or operator of the vehicle posts a cash bond in the total
amount of fine and all late fees for each parking citation and the boot fee, if applicable,
the posting of the bond shall constitute a notice of appeal. If after the hours of operation
of the Municipal Court Clerk's office, the bond may be posted with the Denton Police
Department on a bond form approved by the municipal court. The Court Clerk, shall
within thirty days after the posting of cash bond, provide the Owner or operator of the
vehicle with notice of the time, date and place of an administrative hearing.
(a)
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(c)
(d)
(c)
(1)
(g)
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(c) If a vehicle has been towed, the owner or authorized person shall be responsible to the
towing company for all towing and storage fees.
(d) Payment of the fines, latc fees, boot fee, and any towing and storage fees, without first
posting of a bond, shall constitute a waiver of the right to contest such fines and fees.
Sec. 18-143. Fines and fees.
(a) Any person, firm, or corporation who violates any provision of this Code related to the
parking, stopping, or standing of vehicles shall be fined in an amount not exceeding five
hundred dollars ($500.00) for each offense, the amount to be determined by the hearing
officer in his reasonable discretion, subject to review on appeal to the municipal court
judge.
(b) Unless higher amounts are required by state law, or a lesser amount is determined by the
hearing officer or municipal court judge or designated deputy or assistant judge the
minimum fines for parking violations shall be as follows:
(I)
(2)
(3)
(4)
(5)
Exceeding posted time limit - ,
On an expired meter -
In a designated disabled, or handicap space -
Parked within 15 feet of a fire hydrant -
Parked in Fire Lane -
$ 10.00
$ 10.00
$ 250.00
$ 50.00
$ 50.00
With the exception of an offense under Sec. 18-143 (3), the amount of all fines due shall
be doubled ifnot paid on or before the fifteenth (15th) day after the date of issuance, or in
the alternative, a petition (written notice of request for hearing) has not been filed with
the Municipal Court Clerk as provided in Sec. 18-139.
Any person to whom a parking citation has been issued shall have fifteen (15) days from
the date of issuance of said citation in which to answcr the charges in a manner specified
on the citation. Any citation which remains unanswered after fifteen (15) days shall be
deemed to be delinquent and the minimum fine amount shall become twice the amount
specified above.
The payment of a fine to the parking division shall be deemed an acknowledgement of
conviction of the alleged offense, and the parking division, upon accepting the prescribed
fine, shall issue a receipt to the violator acknowledging payment thereof.
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 thc law applicable to
abandoned vehicles.
If three (3) or more parking citations rcmain unpaid or otherwise appealed within fifteen
(15) days after date of issuance of the citations, the parking violations division shall send
to the registered owner of the vehicle 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:
(I) 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
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vehicle is towed to a secure impoundment, the owner shall be responsible for
towing and storage charges. I
(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.
(h) 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.
Sec. ]8-144. Certain conduct unlawful.
(a) It shall be unlawful for any person, other than an officer or employee of the city acting in
the course and scope of his duties und~r this article, to remove or attempt to remove or to
tamper in any manner with an immobilization device (boot) installed on any vehicle
pursuant to this article.
(b) It shall be unlawful for any person, except under the direction of a peace officer, to tow
or move or to cause to be towcd or moved any vehicle on which a boot is thcn installed
pursuant to this article from the place where it was booted.
(c) It shall bc unlawful for any person, oth'er than an officcr or employee of the city acting in
the course and scope of his duties or the owner or operator of the vehicle of a booted
vehicle, to remove or relocate any notice placed upon a booted vehicle pursuant to this
article.
(d) If found guilty of an offense under this subsection, the punishment may be a fine not to
exceed Five Hundred dollars ($500.00).
SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with
the provision of this Ordinance be, and the same are hereby, repealed, and all other provisions of
the ordinances of the City of Denton not in conflict with the provision of this Ordinance shall
remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this Ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 5. Any person violating any provision of this ordinance shall be fined a sum
not to cxceed Five Hundred Dollars ($500.00).
SECTION 6. 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
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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 ofthe date of its passage.
d --
PASSED AND APPROVED this the 23- day of Jtlrz!J.drl/
2007. I
010~
PERRY R. McNEILL A YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR VED AS)TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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