Chapter 94. Traffic and Vehicles

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a public street which ordinarily affords only a secondary means of access to abutting property.

Bus zone means a curb zone designated for the exclusive use of buses only.

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

(1) Has a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

(2) Has a gross vehicle weight rating of 26,001 or more pounds; or

(3) Is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

Curb zone means any area immediately adjacent and parallel to the edge of a roadway, curb or sidewalk of a public street or a public traffic area where its use is reserved for a traffic control purpose.

Gross combination weight rating means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load on a towed unit.

Gross vehicle weight rating means the value specified by the manufacturer as the loaded weight of a single vehicle.

Load means the material, equipment or other property placed upon or attached to a vehicle or within a cavity of a vehicle.

Loading zone means a curb zone designated for the exclusive use of vehicles loading or unloading property.

Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway. The term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

Public safety zone means a curb zone designated for the exclusive use of fire, police or other authorized emergency vehicles.

Public traffic area means:

(1) Public property;

(2) Roads owned and controlled by a water control and improvement district; and

(3) Private property commonly used by the public, such as supermarket, hospital, or shopping center parking lots; parking areas provided by a business establishment for the convenience of its customers, clients or patrons; parking lots owned and operated by the state or the city; or any other parking area owned and operated for the convenience of and commonly used by the public, excluding privately owned residential parking areas or privately owned parking lots where a fee is charged for the privilege of parking or storing a motor vehicle.

U-turn means to turn a vehicle, bicycle or motor-assisted bicycle so as to proceed in the opposite direction upon a public street or any turning of a vehicle, bicycle or motor-assisted bicycle, at one point, which results in a reversal of direction, at another point, upon parallel lines with a public street.

(b) Unless a different definition is required by this chapter, the definitions contained in the Texas Uniform Act Regulating Traffic or Highways, V.T.C.A., Transportation Code § 541.001 et seq., shall apply.

(Code 1967, § 18-1; Ord. No. 2188, § 2, 3-24-77; Ord. No. 2898, § 1, 5-22-80; Ord. No. 3219, § 1, 9-10-81; Ord. No. 8609, § 1, 6-24-99)

Any offense under this chapter for which another penalty is not provided is punishable by a fine of not less than $1.00 or more than $200.00.

(Code 1967, § 18-4; Ord. No. 2188, § 2, 3-24-77; Ord. No. 2751, § 1, 10-25-79; Ord. No. 3219, § 3, 9-10-81)

Unless otherwise stated in the definition of an offense in this chapter, a culpable mental state is not required as an element of such offense.

(Code 1967, § 18-3; Ord. No. 2188, § 2, 3-24-77)

A person commits an offense if he knowingly fails or refuses to immediately remove or cause to be removed from any public street any substance, load or equipment likely to interfere with traffic or pose a traffic hazard, which substance, load or equipment has fallen from a vehicle he owns or drives or from real property under his control.

(Code 1967, § 18-62; Ord. No. 2188, § 2, 3-24-77)

(a) A person commits an offense if he knowingly rides on any portion of a vehicle not intended for passengers.

(b) It shall be a defense to any prosecution of this section that such person was within a cavity of such vehicle intended for carrying a load.

(Code 1967, § 18-65; Ord. No. 2188, § 2, 3-24-77)

(a) An owner or occupant of any premises commits an offense if he intentionally or knowingly allows or permits any tree, shrub, vine, plant, lumber, boxes, posts or other objects of any description to be grown, cultivated or maintained in such a manner so that any portion overhangs, obtrudes, obstructs or exists upon or over any public right-of-way in such a manner as to block the vision of the operator of a motor vehicle on a public street.

(b) In any prosecution authorized by this section, it shall be presumed that the premises owner or occupant intentionally or knowingly committed the offense if the director of planning and community development personally serves him with notice of the obstruction or if ten days elapse after the director mails to him notice of the obstruction by regular U.S. mail without the condition being corrected.

(c) An offense under this section is punishable in accordance with section 1-14.

(Code 1967, § 18-67; Ord. No. 2188, § 2, 3-24-77)

(a) Any person who engages in the business of or who performs any service as a guard company, alarm systems company, courier company or security services contractor or who offers his services in such capacities or who engages in such business shall have the company name of such security service printed on each side of any and all vehicles used by the company. The printing shall be in letters six inches in height and approved by the chief of police.

(b) No vehicle used in such security services shall be equipped with red emergency lights or a siren.

(c) Any and all officers, employees and agents of any person who engages in security services, while on duty shall wear uniforms approved by the chief of police. Such uniforms shall in no way resemble the uniforms of the police department. Uniforms, which have not been approved by the chief of police and are in use on or before May 13, 1999, must be approved by the chief of police on or before June 12, 1999.

(d) A violation of this section is punishable in accordance with section 1-14.

(Code 1967, § 17-19(a); Ord. No. 2013, § 1, 5-27-76; Ord. No. 8583, § 1, 5-13-99)

A person commits an offense if he knowingly attempts to board or alight from a moving vehicle.

(Code 1967, § 18-64; Ord. No. 2188, § 2, 3-24-77)

A person commits an offense if, while driving a vehicle, bicycle or motor-assisted bicycle upon a public street, he makes a U-turn where:

(1) Prohibited by sign; or

(2) Such movement cannot be made with safety and without interference with other traffic.

(Code 1967, § 18-63; Ord. No. 2188, § 2, 3-24-77)

(a) Purpose. The purpose of this section is to promote public health, safety and welfare by reducing hazards caused by pedestrian traffic in medians and public rights-of-way.

(b) Applicability. This section shall apply within the corporate boundaries of the city.

(c) 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:

Crosswalk means:

(1) The portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or

(2) The portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

Highway means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular travel or any part of which is under construction or repair and intended for public vehicular travel on completion. The term includes the berm or shoulder that is improved, designed, or ordinarily used for vehicular travel.

Median means the strip of land between the lanes of opposing traffic on a divided highway.

Safety zone means the area in a highway officially designated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so designated.

School crossing guard means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school.

School crossing zone means a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.

Shoulder means the portion of a highway that is:

(1) Adjacent to the roadway;

(2) Designed or ordinarily used for parking;

(3) Distinguished from the roadway by different design, construction, or marking; and

(4) Not intended for normal vehicular travel.

(d) Regulation. It is an offense under this section for a person to stop, stand, walk, run or otherwise enter in or upon:

(1) Any median within a highway located within 250 feet of an intersection of at least two highways where one highway has three or more lanes of traffic in one direction at the intersection; or

(2) A highway for the purpose of soliciting, selling, or distributing any material to the occupant of any vehicle stopped on a public roadway in obedience to a traffic control signal light.

(e) Exceptions. It shall be an exception to prosecution under subsection (d)(1) if:

(1) The person was stopping, standing, walking, running or otherwise in or upon the median within a public right-of-way in response to or as a result of an emergency;

(2) The person stopping, standing, walking, running or otherwise in or upon the median was emergency personnel;

(3) The person was crossing a public right-of-way in a crosswalk, in a public safety zone, or at another location authorized by law and in accordance with all applicable rules of the road, and is required to pause in or upon the median so as to avoid traffic;

(4) The person is in or upon the median performing duties delegated to him by a governmental entity, or its authorized designee or agent, responsible for, among other things, maintenance of the median;

(5) The person in or upon the median was performing duties or work associated with a franchised utility or under the authority of article IV of chapter 21 of this Code, as amended, or any other applicable ordinance of the city pertaining to authority to enter in and/or upon the median for a particular purpose;

(6) The person is in or upon the median pursuant to a lawful order of a peace officer; or

(7) The person is performing duties as a school crossing guard in a school crossing zone.

(Ord. No. 14,313, § 2, 1-9-20)

It shall be the duty of the director of public works to:

(1) Conduct or cause to be conducted investigations based upon engineering traffic considerations in order to recommend:

a. Maximum prima facie speed limits;

b. Installation, maintenance or removal of traffic control duties;

c. Plans for street and public traffic area traffic flow; and

d. Remedial measures to prevent traffic accidents;

(2) Make temporary or experimental traffic regulations for emergencies, special conditions or investigations, with the approval of the city manager, to remain effective not to exceed 90 days;

(3) Install, maintain or remove traffic control devices and otherwise implement traffic plans pursuant to ordinances;

(4) Cooperate with other city officials in the improvement of traffic conditions and traffic safety;

(5) Carry out any additional duties imposed by chapter 42, health and sanitation, including but not limited to article V, live outdoor exhibitions, and article VI, filming regulations; and

(6) Carry out any additional duties imposed by ordinance.

(Code 1967, § 18-11; Ord. No. 2188, § 2, 3-24-77; Ord. No. 8365, § 1, 8-13-98; Ord. No. 11,161, § 1, 8-13-09; Ord. No. 16,001, § 3, 11-19-24)

It shall be the duty of the police department and it is authorized to enforce this chapter, as well as all applicable state laws, and to cooperate with other city officials to promote traffic safety. It is also the duty of the police department to carry out any additional duties imposed by chapter 42, health and sanitation, including but not limited to article V, live outdoor exhibitions, and article VI, filming regulations.

(Code 1967, § 18-12; Ord. No. 2188, § 2, 3-24-77; Ord. No. 16,001, § 3, 11-19-24)

(a) The planning and zoning commission shall hear and decide all requests for changes concerning traffic control devices placed and maintained or to be placed and maintained by the city. Should the planning and zoning commission decide that the request should be approved, it shall submit its recommendation to approve the request to the city council. Should the planning and zoning commission decide that the request should be denied, the denial shall be final and binding, subject to appeal to the city council as provided for in subsection (b) of this section.

(b) Any person shall have the right to appeal the planning and zoning commission's decision to deny a request concerning a traffic control device to the city council by making a written request to the city clerk, detailing the reasons for the appeal and the date of the commission's decision. Such request must be filed with the city clerk within 15 days of the date of the meeting wherein the planning and zoning commission denied the request.

(c) A request for a change concerning traffic control device, which has been previously considered and voted on by the planning and zoning commission shall not be reconsidered by the planning and zoning commission, unless:

(1) Six months have expired since the request was last considered by the planning and zoning commission or

(2) The planning and zoning commission determines that there are changed conditions which warrant the reconsideration of the traffic control device.

(d) No person shall have any right to appeal for relief, if available, in regard to any matter covered by this section until after such person has exhausted the appeal procedure provided for in this section.

(Ord. No. 9761, § 2, 4-8-04)

All traffic control devices placed and maintained by the city are individually noted and affirmed, ratified and declared to be official traffic control devices of the city.

(Code 1967, § 18-20; Ord. No. 2188, § 2, 3-24-77)

In any prosecution authorized by this chapter or V.T.C.A., Transportation Code § 544.002 et seq. or both, when proof is presented as to the existence of a traffic control device, in its proper place and visible by an ordinarily observant person upon any public street, such traffic control device shall be presumed to have been placed and maintained by competent authority of and a duly enacted ordinance by the city.

(Code 1967, § 18-21; Ord. No. 2188, § 2, 3-24-77)

The following listed traffic schedules are included in this chapter by reference and are on file in the city clerk's office. The official record of all schedules is also filed with the city clerk, director of planning and community development, municipal court and police department.

Schedule I. Designation—One-Way Streets

Schedule II. Designation—Through Streets

Schedule III. Designation—No Parking Zones

Schedule IV. Designation—Parking Limit Zones

Schedule V. Designation—Speed Limit Zones

Schedule VI. Designation—Load Limit Areas

Schedule VII. Designation—Truck Routes

Schedule VIII. Designation—Stop and Yield Intersections

Schedule IX. Designation—Signalized Intersections

Schedule X. Designation—Restrictive Turn Movements

(Code 1967, § 18-76; Ord. No. 2188, § 2, 3-24-77)

A person commits an offense if, while driving a vehicle, bicycle or motor-assisted bicycle, he collides with a parked vehicle, bicycle or motor-assisted bicycle or any stationary object upon or near a public traffic area.

(Code 1967, § 18-41; Ord. No. 2188, § 2, 3-24-77)

(a) Any police officer who shall find a vehicle, boat, structure, object, substance or material stopped or resting upon a public street or public traffic area which, in the opinion of the officer, poses a particular hazard to the movement of traffic because of its proximity to or position upon a roadway, the lighting or weather conditions or its visibility or the density of traffic or the nature of the traffic movement around or across such hazard is authorized to move or cause such to be removed at the owner's expense.

(b) Any illegally stopped, standing or parked vehicle, bicycle or motor-assisted bicycle may be removed under the direction of any police officer at the owner's expense.

(Code 1967, § 18-54; Ord. No. 2752, § 1, 10-25-79; Ord. No. 2853, § 2, 3-13-80)

In any prosecution authorized by this chapter or the parking regulations of V.T.C.A., Transportation Code § 545.301 et seq. or both, when proof is presented as to the identity of the registered owner of a vehicle, such owner shall be presumed to have stopped, stood or parked such vehicle.

(Code 1967, § 18-50; Ord. No. 2188, § 2, 3-24-77; Ord. No. 10,248, § 1, 1-26-06)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them hereinbelow, except where the context clearly indicates a different meaning:

Public street means a roadway, alley, road, right-of-way, or other public way, including a curb, berm, shoulder and all other paved or unpaved portions of the right-of-way.

(b) Offenses.

(1) A person commits an offense if he parks any commercial motor vehicle, on any public street.

(2) A person commits an offense if he stops, stands or parks a vehicle upon an alley within the city so as not to leave ten feet available for traffic movement.

(3) A person commits an offense if he stops, stands or parks a vehicle on a public street for the purpose of repair or service;

(4) A person commits an offense if he stops, stands or parks a recreational vehicle as defined in section 58-1 of this Code on a public street, whether occupied or not.

(5) A person commits an offense if he stops, stands or parks any motor vehicle on any public property, including any street, sidewalk, highway, parking lot, alley or easement or upon any private property to which the public generally has access, including shopping center parking lots, apartment complex parking lots or any other similar area, for the purpose of displaying such motor vehicle for sale without the written permission of the owner of the property.

(6) A person commits an offense if he parks any non-motorized vehicle, as defined in section 94-189, on a public street.

(c) Defenses.

(1) It shall be a defense to any prosecution under subsection (b)(1) if a person parks, stops or stands a commercial motor vehicle for the purpose of expeditiously loading and unloading passengers, freight or merchandise.

(2) It shall be a defense to any prosecution of this section if repair or service to a vehicle or trailer, which is stopped or parked in violation of subsection (b) of this section, was necessitated by emergency or breakdown and the vehicle or trailer was so stopped or parked for less than 48 hours.

(d) Exceptions.

(1) It is an exception to the enforcement of subsection (b)(4) of this section if:

a. The recreational vehicle is currently licensed for highway travel;

b. The street has sufficient width for traffic movement at the parking site;

c. No driveway exits or conflicts across the street from the parking site;

d. The recreational vehicle has adequate reflective devices on the street side; and

e. The recreational vehicle has been so parked for less than six hours.

(2) It is an exception to subsection (b)(5) of this section if such stopping, standing or parking was necessitated by the normal use of that vehicle.

(3) It is an exception to the enforcement of subsection (b)(6) of this section if:

a. The non-motorized vehicle is currently licensed for highway travel;

b. The street has sufficient width for traffic movement at the parking site;

c. No driveway exits or conflicts across the street from the parking site;

d. The non-motorized vehicle has adequate reflective devices on the street side; and

e. The non-motorized vehicle is parked on a public street:

1. Between the hours of 7:00 a.m. and 9:00 p.m.;

2. While:

i. The non-motorized vehicle is being loaded or unloaded; or

ii. Equipment or materials transported by the non-motorized vehicle is being used at the site.

(Code 1967, § 18-51; Ord. No. 2188, § 2, 3-24-77; Ord. No. 2422, § 1, 2-23-78; Ord. No. 2496, § 1, 7-13-78; Ord. No. 6955, § 1, 3-24-94; Ord. No. 8610, § 1, 6-24-99; Ord. No. 10,853, §§ 1, 2, 3-13-08; Ord. No. 12,784, §§ 1—3, 2-12-15)

(a) A person commits an offense if he stops, stands or parks a vehicle, bicycle or motor-assisted bicycle in a curb zone:

(1) For a period of time longer than is designated;

(2) At a time prohibited by designation; or

(3) For any purpose other than that which is designated.

(b) It is an exception to the application of subsection (a)(1) of this section if such vehicle displays special license plates issued under V.T.C.A., Transportation Code § 502.263 or a disabled parking placard placed on the rearview mirror of the vehicle's front windshield.

(c) It is an affirmative defense to an offense under subsection (a)(2) of this section if such stopping, standing or parking has prior approval of the city manager or chief of police and approval of the city council.

(Code 1967, § 18-52; Ord. No. 3219, § 2, 9-10-81; Ord. No. 4166, § 1, 6-13-85)

A person commits an offense if he stops, stands or parks a vehicle upon a through street so as to leave less than ten feet in a moving lane of traffic.

(Code 1967, § 18-53; Ord. No. 2188, § 2, 3-24-77)

A person commits an offense if he stops, stands or parks a vehicle, other than an authorized emergency vehicle, in a public safety zone.

(Code 1967, § 18-55(a); Ord. No. 6908, § 1, 1-27-94)

(a) Each fire lane shall be continuously marked on both sides of such lane with red paint, either on the curb or, where the curbs are not present, with a continuous line not less than four inches wide. On the red painted surfaces, the wording "fire lane—no parking" in white letters three inches high shall be conspicuously and legibly marked and applied at each end and at least every 25 feet.

(b) In addition, fire lane signs approved by the fire chief shall be installed no lower than six feet or higher than seven feet above the ground as measured from the bottom of the sign. A fire lane sign shall be installed at each end of the fire lane with arrows pointing toward each other. An additional sign with the arrows pointing both directions shall be installed every 100 feet along the fire lane if such lane is longer than 100 feet. There shall not be less than two signs in each continuous fire lane. Further, approved fire lane signs shall be placed at the end of each parking row that is within 25 feet and on the opposite side of a drive that is a fire lane.

(c) The owner of a premises may apply to the fire chief for a permit establishing a fire lane at the owner's premises. The fire chief shall establish procedures and standards, which shall be in conformity with this chapter, allowing the establishment of fire lanes on the premises by the owners thereof.

(d) In any prosecution authorized by section 94-185, when proof is presented as to the designation of a fire lane as required in subsections (a) and (b) of this section, it shall be presumed that such designation was properly permitted as a public safety zone and that the fire lane signs were approved by the fire chief.

(Code 1967, § 18-56; Ord. No. 6908, § 2, 1-27-94; Ord. No. 7255, 3-9-95)

(a) The owner of premises at or upon which the city requires or permits the designation and maintenance of a fire lane, the agent of the owner or a peace officer of the city may have any vehicle that is parked in a fire lane, except an authorized emergency vehicle, removed and stored at the expense of the owner or operator of the vehicle, if such fire lane is conspicuously designated as required by the city.

(b) The owner of the premises, his agent, the peace officer of the city who has a vehicle removed and stored as provided in subsection (a) of this section is not liable for damages incurred by the owner or operator of the vehicle as a result of removal or storage if the vehicle is removed by a vehicle wrecker service insured against liability for property damage incurred in towing vehicles and is stored by a storage company insured against liability for property damage incurred in the storage of vehicles.

(c) The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred in the removal and storage.

(Code 1967, § 18-57; Ord. No. 6908, § 3, 1-27-94)

(a) By authority of V.T.C.A., Transportation Code § 681.001 et seq., the city may designate and establish spaces on the streets and on any property owned or controlled by the city and the owner or person in control of any private property may designate and establish spaces thereon for the exclusive use as parking spaces or parking areas for the transport vehicles for persons with disabilities.

(b) The parking spaces or parking areas shall be marked with signs in the manner provided by V.T.C.A., Transportation Code § 681.001 et seq.

(c) Unauthorized use of the parking spaces or parking areas, whether on public or private property, shall be unlawful and shall be punishable by a fine as provided in section 1-14.

(Code 1967, § 18-58; Ord. No. 6969, § 1, 4-14-94)

(a) Purpose. The purpose of this section is to regulate the parking of vehicles or equipment in the front yard areas of single-family or duplex residential properties to preserve the property values and esthetics of neighborhoods, prevent damage to underground utility facilities and to mitigate or lessen the environmental effect of contamination caused by the leakage of automobile or other fuels, petroleum products or other harmful chemicals from vehicles or equipment.

(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:

Driveway means the area of a lot constructed, improved, maintained and used for the primary purpose of vehicular access to a single-family or duplex residence from a public street or the parking of vehicles at such residence.

Front yard means and includes an improved single-family or duplex lot, which:

(1) For the purposes of an interior lot, includes:

a. the area bounded by the front and side property lines of the lot and an imaginary line coinciding with and parallel to the front building wall of the residential structure extending to the side property lines; and

b. the area extending the entire width of the lot between the front property line of the lot and the curb line or the edge of the adjacent street; or

(2) For the purposes of a corner lot, includes:

a. The area described in subsection (1) of this definition; and

b. The area of the lot bounded by the front property line, the side property line, which is adjacent to the street, the back property line and an imaginary line coinciding with and parallel to the side building wall nearest the street of the residential structure extending to the front and rear property lines; and

c. The area extending the entire depth of the lot between the side property line of the lot nearest the curb and the curb line or the edge of the adjacent street.

A corner lot shall be treated as having two front yards.

Improved surface means parking area, including a driveway, extending from the curb, street, or alley in a contiguous course, and constructed of concrete, brick, pavers, asphalt, or other equivalent materials approved by the chief building official prior to installation, not including gravel or crushed stone, unless such was in place prior to March 23, 2008, and serves as an all-weather surface acceptable to the chief building official.

Motor vehicle means a vehicle, machine, or tractor, propelled or drawn by mechanical power and used on a highway, excluding a recreational vehicle.

Non-motorized vehicles means:

(1) A vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle,

(2) A vehicle that is designed or used to carry a load wholly on its own structure and is drawn or designed to be drawn by a motor vehicle; or

(3) A vehicle designed and used primarily for drawing another vehicle and not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn.

Recreational vehicles means a vehicle as defined in section 58-1 of this Code. The term shall also include all-terrain vehicles, golf carts, boats and personal watercraft.

Vehicle means a device in or by which a person or property is or may be transported or drawn on a public highway.

(c) Prohibited.

(1) It shall be unlawful for any person to cause, suffer or permit the parking, standing or storing of a motor vehicle, a non-motorized vehicle, or recreational vehicle in a front yard.

(2) No parking area in a front yard may contain an improved surface greater than 25 feet wide at any point or 50 percent of the average width of the lot, whichever is greater.

(d) Exception. It is an exception to the prohibition in subsection (c)(1) of this section if all wheels of the motor vehicle, non-motorized vehicle, or recreational vehicle parked in the front yard are on an improved surface.

(e) Defense. It is a defense to the prohibition in subsection (c)(1) of this section if:

(1) The lot coverage of the lot, on which the motor vehicle, non-motorized vehicle, or recreational vehicle is parked, equals or exceeds the maximum lot coverage permitted pursuant to the ULDC; and

(2) The curbside parking spaces or areas on the street or streets that abut the lot on which motor vehicle, non-motorized vehicle, or recreational vehicle is parked, are insufficient to accommodate the number of motor vehicles, non-motorized vehicles, or recreational vehicles typically parked within the area.

(f) Authority. The authority to enforce the provisions of this section shall be vested in the police, health, and planning and development services departments.

(g) Presumption. For purposes of this section, proof that the vehicle was, at the time of the offense alleged, owned by the person charged with the offense shall constitute prima facie evidence that the vehicle was parked or left standing at the place charged by the owner; but the owner shall have the right to introduce evidence to show that the vehicle was not parked by him as charged in the complaint.

(Ord. No. 10,853, § 3, 3-13-08; Ord. No. 13,134, § 1, 2-25-16)

(a) Definition. As used in this section, the following term shall have the meaning ascribed to it in this section, unless the context of its usage clearly indicates another meaning:

Cluster mailbox means a centralized unit of individually locked compartments for the delivery and collection of mail or packages sent via the federal postal service. The term includes a neighborhood delivery collection box.

(b) Offense. It shall be unlawful for any person, other than postal workers in the exercise of their duties, to park a motor vehicle or non-motorized vehicle on a public street within five feet of the nearest face of a cluster mailbox.

(c) Exception. Notwithstanding subsection (b) of this section, nothing in this section shall prohibit a person from parking a motor vehicle or non-motorized vehicle for a period of less than five minutes to pick up or discharge a passenger or for the purpose of loading or unloading mail, goods or merchandise.

(Ord. No. 14,338, § 1, 2-27-20)

For the purposes of this division, the following streets and thoroughfares within the corporate limits of the city are hereby designated as truck routes and shall be referred to as "designated truck routes" throughout this division:

(Ord. No. 8609, § 2, 6-24-99; Ord. No. 10,247, § 1, 1-26-06; Ord. No. 11,973, § 1, 6-28-12)

_____

(a) A person commits an offense if he drives a commercial motor vehicle upon a public street, road, avenue, or thoroughfare within the corporate limits of the city, not designated as a truck route in section 94-241.

(b) Any persons operating a commercial vehicle upon a street, road, avenue, or thoroughfare other than a designated truck route shall have in his possession for the inspection of police officers, the log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of the vehicle on a street, road, avenue, or thoroughfare other than a designated truck route.

(c) A person may not park a commercial motor vehicle on private property within the corporate limits of the city, not located immediately adjacent to a designated truck route in section 94-241, unless the commercial motor vehicle:

(1) Is transporting persons [other than the driver or his assistant(s)] or property to or from the residential subdivision or performing work in the subdivision; and

(2) Remains parked in the subdivision only for the period necessary to complete the transportation or work.

(Ord. No. 8609, § 4, 6-24-99; Ord. No. 10,248, § 2, 1-26-06)

(a) It shall be a defense to any prosecution under this section if a person operating a commercial motor vehicle originating within the corporate limits of the city and having as its point of origin a point located off a designated truck route, proceeds to the nearest point on a designated truck route by the most direct route possible, not in violation of subsection 94-245(b). If such vehicle shall originate outside the corporate limits of the city and enters the city at a point which is not on a designated truck route, said person shall proceed to the nearest point on a designated truck route by the most direct route possible.

(b) It shall be a defense to any prosecution under this section if a person operating a commercial motor vehicle, which originates off a designated truck route, whether inside or outside the corporate limits of the city, and whose destination point is nearer the origin or point of entering the corporate limits of the city than is the nearest point on a designated truck route, shall not be required to proceed to the nearest designated truck route, not in violation of subsection 94-245(b).

(c) It shall be a defense to prosecution under this section if a person operating a commercial motor vehicle restricted to a designated truck route departs from such truck routes:

(1) To load, unload, or seek service or repairs at a facility which engages in the business of repairs of commercial motor vehicles; or

(2) To store the vehicle at a commercial storage facility.

Any person operating a commercial vehicle shall not leave the designated truck route until such vehicle has reached a point on a designated truck route which is nearest the applicable place of loading, unloading, or servicing, by the most direct route possible. Any such vehicle shall be permitted to proceed from a point not on a designated truck route to another such point without returning to a designated truck route if to so return would increase the distance to be traveled on public streets roads, avenues, or thoroughfares other than designated truck routes. After leaving a designated truck route to load or unload, truck traffic may continue off designated truck routes to as many points of destination as necessary to load or unload; provided, however, in the course of making the necessary stops for loading and unloading, the vehicle shall cross a designated truck route, said vehicle shall proceed on the designated truck route until it has reached a point on the designated truck route which is nearest to the next place of loading and unloading by the most direct route possible.

(Ord. No. 8609, § 5, 6-24-99)

In the event a designated truck route is under repair, or otherwise temporarily out of use, the director of public works shall designate an alternate route.

(Ord. No. 8609, § 6, 6-24-99)

(a) The director of public works shall erect appropriate signs and markings advising motorists of the designated truck routes established by this division.

(b) When signs are erected giving notice of a specified weight limitation, no person shall operate any vehicle with a gross weight in excess of the amounts specified on such signs.

(Ord. No. 8609, § 7, 6-24-99)

(a) A person commits an offense if he drives a commercial motor vehicle, truck tractor, trailer, semitrailer, or any combination thereof over or upon the public streets, highways, or an area thereof, within the corporate limits of the city, having a weight, length or height in excess of those designated by V.T.C.A., Transportation Code § 621.101 et seq. and § 621.201 et seq.

(b) Additionally, a person commits an offense if he drives a vehicle transporting ready-mixed concrete upon a public street, and the vehicle carries either a tandem axle load that exceeds 36,000 pounds, a single axle load that exceeds 12,000 pounds or a gross vehicle load that exceeds 48,000 pounds.

(Ord. No. 8609, § 8, 6-24-99)

(a) As used in this section, the term "loose material" means dirt, sand, gravel, wood chips or other material that is capable of blowing or spilling from a vehicle as a result of movement or exposure of air, wind currents or weather, but shall not include agricultural products in their natural state.

(b) No person or state, county, municipality, town, village or any department or political subdivision thereof or their agents or employees shall load or transport, cause to be loaded or transported or aid or abet the loading or transporting, in a motor vehicle, commercial motor vehicle, truck tractor, trailer or semitrailer, any loose material on or over the public roads, streets or highways of this state in violation of any requirement of this section.

(c) The bed carrying the load must be completely enclosed on both sides by sideboards or sidepanels, on the front by a board or panel or by the cab of the vehicle and on the rear by tailgate or board or panel, all of which must be so constructed as to prevent the escape of any part of the load because of blowing or spilling.

(d) The top of the load making contact with any sideboard or sidepanel or front or rear part of the enclosure must not be within six inches of the top of the part of the enclosure contacted, and the highest point of the load must not be above any point on a horizontal plane equal in height to the top of the side, front or rear part of the enclosure that is the least in height or in the alternative the load shall be covered with a canvas or similar type covering firmly secured, thereby creating a physical horizontal plane. At no time shall the load exceed the six inches as stated in this subsection during transportation of the load without being covered.

(e) The excess spillage of loose material on the non-load-carrying parts of the vehicle occasioned by or from the act of loading shall be removed before the vehicle is operated over a public road, street or highway of this state.

(f) The tailgate must be securely closed to prevent spillage during transportation, whether loaded or empty.

(g) The bed shall not have any holes, cracks or openings through which loose material may escape.

(h) The residue of the transported loose material shall be removed from the non-load-carrying parts of the vehicle upon completion of unloading before the vehicle is operated over a public road, street or highway in this city.

(i) Subsection (d) of this section does not apply to any load-carrying compartment that completely encloses the load or to the transporting any load that is otherwise suitably covered or secured by other means which prevents the escape of loose material.

(j) Nothing in this section applies to any vehicle or construction or mining equipment which is:

(1) Moving between construction barricades on a public works project; or

(2) Merely crossing a public road, street or highway.

(k) Any person or any departmental head, agent or employee of the state or of any county, municipality, town, village or any department or political subdivision thereof who fails to comply with this section shall be guilty of a misdemeanor and upon first conviction shall be fined of not less than $25.00 or more than $200.00 and on second conviction not less than $200.00.

(Ord. No. 8609, § 3, 6-24-99)

Any person who fails to comply with any provision of this division shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $200.00. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.

(Ord. No. 8609, § 11, 6-24-99)

(a) The provisions of this article shall apply to all motorized carts operated upon a public street within the city except as provided in subsection (b).

(b) This article shall not apply to the following regarding the operation or use of motorized carts:

(1) At golf courses, private clubs or on private property, with the consent of the owner;

(2) Within gated or limited access communities unless the streets of the community are dedicated for public use and maintained by the city;

(3) In connection with a parade, a festival or other special event; provided the consent of the sponsor is obtained and provided such vehicle is only used during such event;

(4) By the city on official police business; or

(5) By city personnel for official business on city-owned property or city-leased property.

(Ord. No. 14,485, § 1, 9-10-2020)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning.

Driver means the person driving and having physical control over the motorized cart.

Driver's license means an authorization issued by a state for the operation of a motor vehicle. The term includes:

(1) A temporary license or instruction permit; and

(2) An occupational license.

Master planned community means:

(1) A residential subdivision as defined by V.T.C.A., Transportation Code § 551.403 or has in place a uniform set of restrictive covenants; and

(2) For which a county or municipality has approved one or more plats.

Motorized cart means those electric and gasoline powered carts, commonly referred to as golf carts, but which must have a minimum of four wheels and which have an attainable top speed not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles. Specifically excluded from this definition are those motorized conveyances commonly referred to as all-terrain vehicles, four-wheelers, mules, and gators.

Owner means the person holding title to the motorized cart.

Parking area means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as parking lots.

Sidewalk means the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.

Slow-moving vehicle emblem means a triangular emblem that conforms to standards and specifications adopted pursuant to V.T.C.A., Transportation Code § 547.104 and displayed in accordance with V.T.C.A., Transportation Code § 547.703.

Street means the public roadways in the city, by whatever name, that:

(1) Has a posted speed limit of 30 miles per hour or less; or

(2) Provides for no more than two lanes of vehicular traffic per direction; or

(3) Is not designated as part of either the state or federal highway system.

Trafficway is any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The trafficway includes all property, both improved and unimproved, between the property lines of a roadway system.

(Ord. No. 14,485, § 1, 9-10-2020; Ord. No. 14,960, § 1, 11-15-21)

(a) Every motorized cart operated on a street must be equipped, as mandated by the V.T.C.A., Transportation Code § 551.4041 and as follows:

(1) Two operational headlamps;

(2) Two operational tail lamps;

(3) The following side reflectors:

a. Two front: amber in color; and

b. Two rear: red in color;

(4) An operational parking brake;

(5) Rearview mirror(s) capable of a clear, unobstructed view of at least 200 feet to the rear;

(6) A slow-moving vehicle emblem;

(7) A horn that is audible for a distance of 200 feet;

(8) Brakes that will stop the vehicle in a reasonable distance; and

(9) A license plate issued under V.T.C.A., Transportation Code § 551.402, except if the motorized cart is operated within a master planned community.

(b) All required equipment shall meet Texas and federal motor vehicle safety standards.

(Ord. No. 14,485, § 1, 9-10-2020; Ord. No. 14,960, § 2, 11-15-21)

Every motorized cart powered by gasoline shall at all times be equipped with an exhaust system in good working order and in constant operation and meeting the following specifications:

(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer.

(2) The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening motorized cart exhaust systems.

(3) The engine and powered mechanism of every motorized cart shall be so equipped, adjusted and tuned so that the exhaust is in good working order.

(4) It shall be unlawful for the owner of any motorized cart to operate or permit the operation of such cart on which any device controlling or abating atmospheric emissions which is placed on a cart by the manufacturer is rendered unserviceable by removal, alteration or which interferes with its operation.

(Ord. No. 14,485, § 1, 9-10-2020)

(a) All drivers of motorized carts shall hold a valid driver's license and shall abide by all traffic regulations applicable to vehicular traffic when using the authorized streets and parking areas of the city.

(b) Motorized carts shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic except for official police business or by city personnel conducting a required job function directly related to their assigned duties.

(c) No person may operate a motorized cart upon any portion of a street or trafficway within the city having a posted speed greater than 30 m.p.h.

(d) All motorized carts are entitled to full use of a lane on the authorized streets and parking areas of the city, and no motor vehicle shall be driven in such a manner as to deprive any motorized cart of the full use of a lane.

(e) The driver of a motorized cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(f) No driver shall operate a motorized cart between lanes of traffic or between adjacent lines or rows of vehicles.

(g) The driver of a motorized cart with a current and valid Texas driver's license operating the cart on a street (as defined herein) may cross a public highway that has a posted speed of more than 30 miles an hour only at an intersection controlled by an official traffic control device which stops traffic from all directions.

(h) The number of occupants in a motorized cart shall be limited to the number of persons for whom factory seating is installed and provided on the motorized cart. The operator and all occupants shall be seated upon the seat of the motorized cart, and no part of the body of the operator or occupant shall extend outside the perimeter of the motorized cart while the motorized cart is being operated. The operator shall not permit any occupant of the cart to ride in the lap of any occupant while the cart is in motion.

(i) Children must be properly seated while a cart is in motion and may not be transported in a reckless or negligent manner. No person younger than ten years of age may be transported in a motorized cart unless restrained by a safety belt restraint.

(j) Motorized carts may only be parked in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of motorized carts in areas where parking is not allowed or in any place that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. Motorized carts shall not park within any space designated for disabled persons unless a current disabled parking placard is displayed and the person to whom the placard was issued is operating or being transported by the cart.

(k) Motorized carts may not be used for the purpose of towing another cart, trailer or vehicle of any kind, including a person on roller skates, skateboard or bicycle.

(l) Motorized carts shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of 500 feet.

(Ord. No. 14,485, § 1, 9-10-2020)

(a) Nothing in this section shall be construed as an assumption of liability by the city for any injuries to persons, pets or property which may result from the operation of a motorized cart by an authorized driver.

(b) Owners are fully liable and accountable for the actions of any individual that they provide permission to operate and drive said motorized cart, both on personal and/or city and public properties. This described liability responsibility especially applies to personal injuries or property damage resulting from motorized cart drivers who are minors under the age of 19, with or without a current and valid Texas driver's license.

(Ord. No. 14,485, § 1, 9-10-2020)