Sec. 10.1001Β General
(a)Β It shall be unlawful for the operator or owner of any motor vehicle over twenty-six thousand pounds (26,000 lbs.) and with more than two axles to stop, stand or park such vehicle on any street, alley, parkway, boulevard, or public thoroughfare adjacent to or in front of any residence in the city. However, operators of commercial vehicles engaged in making deliveries may park on residential streets while loading and unloading. This provision shall not apply to school buses, emergency vehicles, authorized vehicles, private passenger automobiles or to motor vehicles and other equipment which are actually engaged in work upon any residential street or while engaged in installing or repairing utilities. Road repair vehicles and equipment shall not be left overnight.
(b)Β For subsection (a) above, the court may take judicial notice of an ownerβs manual, dealer brochure and other such similar informational literature, which may constitute a prima facie presumption of the size and weight of the vehicle.
Sec. 10.1002Β Parking Prohibited
It shall be unlawful for any person, firm or corporation to park a tractor-trailer on a residential zoned lot and shall be declared a public nuisance.
Sec. 10.1003Β Violations
(a)Β Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. Each violation and each day such violation continues shall constitute a separate offence and shall be punishable accordingly. When any person, firm or corporation refuses to comply with the above-stated provisions or in emergency circumstances, then pursuant to Section 431.001 of the Texas Local Government Code, the offending vehicle may be impounded. The impounded vehicle(s) shall be taken into custody and have fees assessed in the same manner as the procedures regarding abandoned motor vehicles under section 683.013 of the Texas Transportation Code.
(b)Β If any vehicle is found in violation of any provision of this section or of state statute regulating the stopping, standing or parking of a vehicle, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall constitute a prima facie presumption that the registered owner of such vehicle is the person who committed the violation. This presumption is rebuttable and shall have the effects and consequences set forth in Section 2.05 of the Texas Penal Code.
(c)Β The state department of transportationβs computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.
(Ordinance 1005 adopted 8/10/10)
