Parking

Sec. 12.04.001     Definitions

For purposes of this article, the terms below shall mean as follows:

  • Approved paved surface. A surface on which off-street parking is permitted as authorized by and set forth in the town comprehensive zoning ordinance and other applicable ordinances of the town.
  • Front yard. The area of a lot extending across the entire width of a lot between the front lot line and the front building line.
  • Park or parking. To halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.

(Ordinance 14-04, sec. 5(A), adopted 9/16/14; Ordinance 15-08, sec. 1(A), adopted 12/8/15)

Sec. 12.04.002     Overnight parking

(a)     Prohibited in designated areas. Except as provided for below, it shall be unlawful for any person to recurrently park any vehicle on the street after 2:00 a.m. and before 5:00 a.m. in areas so designated by this article. “Recurrently” or “recurrent” shall mean a frequency in excess of two (2) consecutive days or any two (2) days cumulative in a calendar week. Nothing in this article shall prohibit a person who is a guest of a resident from parking a vehicle on a street that is not recurrent or during temporary periods not to exceed ten (10) days due to hardship. The mayor or the chief of police shall have discretion to determine events that qualify as a hardship including, but not limited to, periods in which a driveway or garage is not accessible during construction. For the avoidance of doubt, this article is intended to prohibit on-street parking of a vehicle in designated areas in the alternative of parking the vehicle within and upon an approved paved surface of the lot of a residence, and is not intended to prohibit parking a vehicle on a street on a temporary basis as described above. The areas designated as prohibited overnight parking are as follows:

All of the area of the town known as Old Westover, including Westover Road, Valley Ridge Road, Westover Terrace, and Wyatt Drive, except that the cul-de-sac at the end of Wyatt Drive shall be excluded.

(b)     Signage. The town administrator or the town administrator's designee shall erect signs to designate areas for which the overnight parking restrictions described in subsection (a) apply. Such sign(s) will inform ordinarily observant persons that parking is prohibited on designated areas of the street after 2:00 a.m. and before 5:00 a.m.

(c)     Penalty and presumption.

(1)     Any person who violates or causes, permits or allows to be violated subsection (a) shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum in accordance with the general penalty provided in section 1.01.009 of this code per day of offense during or on which a violation occurs or continues.

(2)     In a prosecution under subsection (a), it is presumed that the registered owner of the motor vehicle is the person who left the vehicle standing at the time and place the offense occurred.

(Ordinance 15-08, sec. 1(B)–(D), adopted 12/8/15; Ordinance 16-02 adopted 3/15/16; Ordinance adopting Code)

Sec. 12.04.003     Construction zone parking

On-street construction parking may be authorized for a period of time to be determined by the chief of police to accommodate the parking of construction employees' vehicles during working hours who are employed by construction contractors working within the town. The authorized parking area shall be immediately adjacent to the construction/job site, or as close as practicable to said job site, to insure the orderly flow of traffic. (Ordinance 14-04, sec. 5(B), adopted 9/16/14; Ordinance 15-08, sec. 1(E), adopted 12/8/15)

Sec. 12.04.004     No parking on unpaved surfaces

No person shall park or allow to park any vehicle in (1) the front yard of a residence, or (2) in any location that is visible from a public right-of-way or adjoining residence, unless such vehicle is parked on an approved paved surface. (Ordinance 15-08, sec. 1(F), adopted 12/8/15)

Sec. 12.04.005     Temporary restrictions in congested traffic areas

The chief of police is hereby authorized to consider requests to establish no parking or limited parking in specifically designated areas for a designated period of time to accommodate utility construction, special or neighborhood events, and other related functions or activities. The chief of police shall cause sign(s) to be erected to designate such areas as “no parking.” (Ordinance 14-04, sec. 5(C), adopted 9/16/14; Ordinance 15-08, sec. 1(G), adopted 12/8/15)

Sec. 12.04.006     Parking prohibited–Fire lanes

Except where necessary to avoid conflict with other traffic, compliance with law, at the direction of a police officer or official traffic-control device, or when signs are erected or curbs painted giving notice thereof, no person shall stop, stand or park a vehicle:

(1)     Between a safety zone or fire lane and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. Fire lanes are designated as follows, or:

Fire Lane Locations

2 Westover Rd west curbline to 16 Valley Ridge Rd north curbline

2 Westover Rd south curb of street island to south curb of island in front of 16 Valley Ridge Rd

47 Valley Ridge Rd east curbline to 75 Westover Terrace south curbline

1215 Shady Oaks Ln west curbline

1215 Shady Oaks Ln east curbline

1215 Shady Oaks Ln east curbline of street island

1235 Shady Oaks Ln west curbline to 1300 Shady Oaks Lane west curbline

1237 Shady Oaks Ln east curbline to 1301 Shady Oaks Lane east curbline

5824 Merrymount Rd north drive curb

5824 Merrymount Rd west drive curb

(2)     Adjacent to a fire hydrant within fifteen feet (15') of points on the curb directly adjacent to a fire hydrant, unless a different length is indicated by signs or markings.

(Ordinance 14-04, sec. 5(D), adopted 9/16/14; Ordinance 15-08, sec. 1(H), adopted 12/8/15)

State law reference–Stopping, standing or parking prohibited in certain places, V.T.C.A., Transportation Code, sec. 545.302.

Sec. 12.04.007     Exception for emergency vehicles

All emergency vehicles shall be exempt from the restrictions as set forth in this article. Emergency vehicles shall include ambulances, fire trucks and equipment, police vehicles, and all governmental vehicles used for necessary governmental purposes. (Ordinance 14-04, sec. 5(E), adopted 9/16/14; Ordinance 15-08, sec. 1(I), adopted 12/8/15)

Sec. 12.04.008     Vehicles to be removed by police if illegally parked or abandoned

Any motor vehicle, truck, truck-trailer, or other personal property that is parked on any street or public property in the town where parking is prohibited, or is parked for a period of time prohibited by ordinance or by state law, may be removed by the police department and stored until claimed by the rightful owner or person who has the immediate right to such property, or until disposed of under the provisions of state law. (Ordinance 15-08, sec. 1(J), adopted 12/8/15)

State law reference–Municipal authority regulating unauthorized vehicles, Texas Occupations Code, section 2308.354.

Sec. 12.04.009     Storage fees

A storage fee that does not exceed an amount permitted under state law shall be assessed against the owner or person who has the right of possession of any motor vehicle so illegally parked or abandoned, or assessed against the owner of any other personal property which has been so illegally parked or abandoned. (Ordinance 15-08, sec. 1(K), adopted 12/8/15)

Sec. 12.04.010     Towing charges

(a)     When a vehicle is towed pursuant to the authority provided in this article, the owner or operator of such vehicle may be charged a fee that is not greater than the fee for a non-consent tow established by state law.

(b)     Any such vehicle so removed, impounded and stored in an automobile pound or other storage area that has been provided for the storage of such vehicle shall be retained and held there until all charges for towing and storage of such vehicle have been paid to the duly authorized person in charge of the pound or storage area for the benefit of the town.

(Ordinance 15-08, sec. 1(L), adopted 12/8/15)