(A) Purpose. Parking vehicles on unimproved surfaces degrades the aesthetic appearance of residential areas, reduces property values of adjacent and nearby residential properties, damages underground infrastructure (utility, water, etc.), and the fluids and liquids that a vehicle may leak or otherwise release that impact the environment, drinking water, and pose a risk to people and animals that may come in contact with or consume these released vehicle fluids and liquids, as well as posing a fire risk. Requiring parking on certain improved surfaces on residential property, the city prevents or eliminates these issues that are contrary to the public interest as a whole.
(B) Definitions. Terms, words, phrases and their derivatives used, but not specifically defined in this division shall be commonly defined. Words used in the singular include the plural and the plural include the singular. Words used in the masculine gender include the feminine and the feminine the masculine. The following words, terms and phrases, when used for purposes of this section, shall have the meanings ascribed to them in this section only and not elsewhere in the code of ordinances, except where the context clearly indicates a different meaning or reference to an external definition.
IMPROVED SURFACE. A surface that is covered with material (caliche, permeable pavement, gravel, concrete, crushed limestone, stone/brick pavers and/or crushed stone/clay mix) at least five inches thick and contained by a border approved by the City Public Works Director or City Building Official. A sidewalk is not an IMPROVED SURFACE. A curb is not an IMPROVED SURFACE.
PERSON. Either a person in control of or who owns the premises where the vehicle is observed in violation, or the registered owner of the vehicle (as authorized by Tex. Transp. Code § 545.308 and codified in § 71.15).
PROPERTY. Property used for residential purposes, to include any public right-of-way adjacent to the subject property and including undeveloped alleys.
VEHICLE. A motor vehicle, car, truck, commercial truck (as defined by § 72.01) motor home, recreational vehicle (as defined by § 72.01), towable recreational vehicle (as defined by § 72.01), farm machinery, school bus (as defined by § 72.01), tractor, heavy machinery, motorcycle, boat, trailer (as defined by § 72.01), or other motorized vehicle (golf cart, go-cart, all-terrain vehicle, dirt bike, etc.). This definition includes both attended and unattended vehicles.
(C) Offense. It shall be unlawful for any person to leave, stop, stand, or park or to allow/permit any vehicle to stop, stand, or park on an unimproved surface on property used for residential purposes.
(D) Enclosed backyard exception. If a vehicle is in a backyard surrounded with a fence entirely preventing the vehicle from being seen from the street, alley and adjacent residences and where proper measures have been taken to prevent leakage of fluids, oil, etc. and where no damage will occur to underground infrastructure is excepted from this section. A vehicle with a tarp or covering does not qualify for this exception.
(E) Roadway right-of-way exception. If a vehicle is parked on a roadway, with part of the vehicle on the roadway, and at most, a half-width of the vehicle on an unimproved surface of the residential lot/right-of-way, said vehicle is excepted from this section. To comply with this exception, vehicles parked partly on a roadway and partly on an unimproved surface shall not block the path of other vehicles on said roadway, including emergency fire and medical vehicles. To comply with this exception, vehicles parked partly on a roadway and partly on an unimproved surface shall not prevent the safe travel of motorists on said street (i.e. blocking the view of a traffic control device such as stop sign, yield sign, etc., preventing a motorist from viewing oncoming traffic in all directions of an intersection, etc.). To comply with this exception, parking partly on a roadway and partly on an unimproved surface shall not be allowed from 7:00 a.m. to 8:30 a.m. and from 2:30 p.m. to 4:00 p.m. on days school is in session to allow for increased bus and passenger vehicle traffic on city streets.
(Ord. 08-06-2019PARK, passed 8-6-2019)