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HomeMy WebLinkAbout029142 ORD - 07/19/2011Page 1 of 28 AN ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE III. ENFORCEMENT AND COMPLIANCE, AND ARTICLE VI. STANDING AND PARKING OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO MAKE STOPPING, STANDING AND PARKING VIOLATION A CIVIL OFFENSE; TO PROVIDE FOR CIVIL PENALTIES; TO CREATE PARKING IMPROVEMENT FUND; TO PROVIDE PARKING CITATION AS NOTICE OF ADMINISTRATIVE ADJUDICATION HEARING AND CREATE FAILURE TO ANSWER CITATION AN ADMISSION OF LIABILITY; TO PROVIDE TEXAS DEPARTMENT OF MOTOR VEHICLE'S RECORD AS PRIMA FACIE EVIDENCE AND PRESUMPTION OWNER AS VIOLATOR; TO PROVIDE AN INCREASE IN IMMOBILIZATION FEE; TO CREATE AN OFFICE OF ADMINISTRATIVE HEARINGS AND APPOINT HEARING OFFICER TO CONDUCT ADMINISTRATIVE ADJUDICATION HEARING; TO PROVIDE AN APPEAL AND ENFORCEMENT OF HEARING OFFICER'S FINDING; TO PROVIDE IMPOUNDMENT AND IMMOBILIZATION OF MOTOR VEHICLE FOR UNPAID PARKING CITATIONS; TO CREATE VIOLATIONS; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF OCTOBER 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 53, Traffic, Article 111. Enforcement and Compliance, and Article VI. Standing and Parking are amended by revising the Articles to read as follows: "CHAPTER 53 TRAFFIC * * * * * ARTICLE III. ENFORCEMENT AND COMPLIANCE DIVISION 1. GENERALLY Sec. 53-41. . Stopping, standing or parking a civil offense. 029142 INDEXED Page 2 of 28 perform any act required in -this -oho -00r, A violation of any provisions of the Code of Ordinances governing the stopping, standing or parking of a vehicle is a civil offense. Stopping, standing, or parking offenses occurring before October 1, 2011 shall be governed by the law in effect when the offense occurred, and the former law shall continued in effect for that purpose. * * * * * DIVISION 2. PENALTIES AND IMPOUNDMENT Sec. 53-55. — Penalties, civil fine, and administrative fee. (a) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any provision of this chapter shall be punished by a civil fine or administrative fee of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). (b) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the provisions of sections 53-180 through 53- 199, shall be punished by a civil fine or administrative fee of not Tess than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however if the fine or fee prescribed in this subsection is not paid or an appearance is made with a plea entered to have the case heard in municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not less than thirty five dollars ($35.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: (c) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories of Texas Transportation Code Sections 515.302 and 515.303, shall be punished by a civil fine and administrative fee of not less than thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed in this subsection is not paid or an appearance is made with a plea Category Early Payment Auer 1-041ays Standard Fine Fine Assessment Parking meters and time zones: (1) Expired meter $25.00 $35.00 (2) Extending time beyond legal limit 25.00 35.00 (3) Time zones 25.00 35.00 (c) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories of Texas Transportation Code Sections 515.302 and 515.303, shall be punished by a civil fine and administrative fee of not less than thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed in this subsection is not paid or an appearance is made with a plea Page 3 of 28 - - - - - - - • - - - - - - - in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty dollars ($40.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: (d) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories shall be punished by a civil fine or administrative fee of not Tess than thirty-five dollars ($35.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed is not paid or an appearance is made with a plea entered to havc the case heard in municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: Category Early Payment After 1 -0 -Days Standard Fine Fine Assessment Illegal zones: (1) Loading zone (time extension) $30.00 $40.00 (2) Loading zone (Noncommercial use) 30.00 40.00 (3) Parked in bus stop 30.00 40.00 (4) Blocking two meter spaces 30.00 40.00 (5) Parking in taxi zone 30.00 40.00 (6) Over 18 inches from curb 30.00 40.00 (7) Other 30.00 40.00 (d) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories shall be punished by a civil fine or administrative fee of not Tess than thirty-five dollars ($35.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed is not paid or an appearance is made with a plea entered to havc the case heard in municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: Page 4 of 28 (e) Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. (f) Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. (dg) Whenever a person charged with a violation of any provision of the chapter; - - = • - - - - - - - - - - - - - - - , fails to pay the prescribed civil fine or administrative fee fails to enter a pica, and it becomes necessary to issue an warrant for his or her order to impound or immobilize the vehicle, then and in that event, an additional penalty shall be added to the fine or fee prescribed for the violation as an warrant impoundment or immobilization fee in the amount of fifty dollars ($50.00). Provided, however, the warrant impoundment or immobilization fee may be waived in connection with amnesty programs approved by the city council. Cross reference— Court costs, § 53-153. Sec. 53-56. - Disposition of traffic fines and forfeitures generally..–, parking meters and pay station revenue. (a) All administrative fees, fines or forfeitures collected upon a conviction finding of liability, or upon the a forfeiture of bail; for violation of any of tho provisions of this chapter, except fines or forfeitures for speeding violations, Category Early Payment After 1 -0 -Days Standard Fine Fine Assessment Safety zones: (1) No parking zone $35.00 $45.00 (2) Parking within 15 feet of fire hydrant 35.00 45.00 (3) Blocking crosswalk 35.00 45.00 (4) Blocking driveway 35.00 45.00 (5) Blocking sidewalk 35.00 45.00 (6) Double parking 35.00 45,00 (7) Opposite direction of travel 35.00 45.00 (e) Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. (f) Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. (dg) Whenever a person charged with a violation of any provision of the chapter; - - = • - - - - - - - - - - - - - - - , fails to pay the prescribed civil fine or administrative fee fails to enter a pica, and it becomes necessary to issue an warrant for his or her order to impound or immobilize the vehicle, then and in that event, an additional penalty shall be added to the fine or fee prescribed for the violation as an warrant impoundment or immobilization fee in the amount of fifty dollars ($50.00). Provided, however, the warrant impoundment or immobilization fee may be waived in connection with amnesty programs approved by the city council. Cross reference— Court costs, § 53-153. Sec. 53-56. - Disposition of traffic fines and forfeitures generally..–, parking meters and pay station revenue. (a) All administrative fees, fines or forfeitures collected upon a conviction finding of liability, or upon the a forfeiture of bail; for violation of any of tho provisions of this chapter, except fines or forfeitures for speeding violations, Page 5 of 28 which administrative fees, fines or forfeitures shall go into the general fund of the city, shall be paid into the city treasury and credited to a special fund to be known as the "Street Traffic Improvement Fund," which is hereby created and which shall be used exclusively in the construction and maintenance of roads, bridges and culverts in the city, and for the enforcement of the traffic laws regulating the use of public streets by motor vehicles and motorcycles and to help defray the expenses of the city traffic officers. (b) Parking fees are hereby levied as police regulation to help defray maintenance expenses. There is hereby established a Parking Improvement Fund for the purpose of receiving revenue collected from paid parking spaces, parking zones, city -owned or controlled paid parking lots, parking meters, and parking pay stations. The revenue collected from these sources shall be used in the following manner: (c) 1 A •ortion of the revenue de•osited in the General Fund shall be used to cover operational and maintenance costs such as personnel, inspecting, installing, maintaining, operating, control and use of paid parking meters, paid parking zones, paid parking pay stations, and paid parking lots; and (2) A portion of the revenue deposited, sl Fl into the Parking Improvement Fund shall be used as provided under this section for the purposes of: a. Landscaping, beautification, construction, maintenance of the city center, tourism; and b. Establishment and development of parking lots in the business areas of the city. s-•� 1, - _- --- Parking Control functi n in the Gcncral Fund, tThe allocation of revenues received from paid parking spaces, parking zones, city -owned or controlled paid parking lots. parking meteri_and parking nay stations may be divided as follows: (1) In fiscal year 2012, one -hundred (100%) percent of the gross revenue shall remain be deoosited,in the General Fund city council:; Page 6 of 28 (2) In fiscal year 2013, t twenty (320%) percent of thegross revenue of that fiscal year shall be €141awseel deposited into the Parking Improvement Fund to be used for purposes outlined in section 53- 56(b)(2), and seveRty eighty_(780%) percent of the gross revenue shall be deposited in the General Fund council: (3) In fiscal year 2014, faizty thirty (430%) percent of the gross revenue earned during that fiscal year shall be posited into Parking Improvement Fund for purposes outlined in section 53-56(b)(2), and s # sevent 670% ercent of the gLcigross revenue shall rem be deposited in the General Fund for=w6e=as dcsignatcd by city council.; and. (4) In fiscal year 2015 and subsequent years. forty (40%) percent of the gross revenue earned during that fiscal year shall be deposited into Parking Improvement Fund for purposes outlined in section 5353-56(b)(2)} and sixty (60%) percent of the gross revenue shall be deposited in the General Fund. (d) The Parking Improvement Fund revenue designated in section 53-56(c) (2) and through (34) can be carried forward from year to year to be reinvested into parking and other related public improvement projects outlined in section 53-56(b)(2) as approved by the city council. Sec. 53-57. - Notice on illegally parked vehicle. Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by this Code or by other ordinance of the city or by state law, the officer finding such vehicle shall take its fe, tratian identify its user, the make and state license plate number of the vehicle, or if the license plate number is not visible or legible, the VIN number or state inspection number in lieu of the license plate number and shall conspicuously affix to such vehicle a police -summons notice or citation, in writing, en a form provided by the clerk of the municipal court, for the driver to answer to the charge against him within the time and at the place specified in the notice. Failure to answer the summons, notice, or citation or appear within ten (10) calendar days is considered an admission of liability. Sec. 53-58. - Presumption in reference to illegal parking. Page 7 of 28 the registered owner of such vehicle, The original or any copy of the citation and the Texas Department of Motor Vehicle's computer generated record of the registered vehicle owner shall constitute in evidence a prima facie evidence and presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the location point where, and for the time during which such the violation occurred. Sec. 53-59. - Impounding vehicles—Authority of police. (a) Any police officer, or employee designated by the city manager, is hereby authorized to immediately remove or cause to be removed a vehicle from a public street, highway, parking facility, alley, walkway, or other publicly owned area, or private property, and impound the vehicle in any of the following circumstances: (1) When the vehicle creates an immediate public hazard or an obstruction of traffic or pedestrian access on, to, or from public property. (2) When the owner or operator of the vehicle has been taken into custody by the police department and seizure is permitted or required by police department policy consistent with constitutional guidelines. (3) When the vehicle's removal is necessary to protect persons or property (including the vehicle) from harm. (4) When the vehicle is found parked in a tow -away zone which -+s with properly signposted sign. (5) When the vehicle's removal is necessary to permit street construction, cleaning up or repair, tree work, or other public utility work, after at least twenty -four -hours notice thereof has been posted. (6) When any vehicle is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, and has three (3) or more outstanding parking or stopping violation in a calendar year. (b) When a vehicle is found as described in subsection (a)(6), any police officer or employee designated by the city manager may, in lieu of or prior to impoundment, attach to the vehicle a device that will prevent the vehicle from being moved. Page 8 of 28 (1) The police officer or employee immobilizing a vehicle as provided herein shall place on the vehicle, in a conspicuous manner, notice sufficient to warn the individual that such vehicle has been immobilized and that any attempt to move such vehicle will result in damage to such vehicle. This notice shall state the reason for which the vehicle was immobilized and describe the procedure for release of such vehicle. (2) Notice shall also be given informing the owner, driver, or person in charge of the vehicle of his right to a hearing to contest such immobilization. (c) Before a vehicle may be impounded or immobilized for the reason set forth in subsection (a)(6) a notice shall be sent certified mail to the person to whom the vehicle is registered, stating: (1) The vehicle has specified outstanding parking violations against it. (2) After ten (10) days from the date on the face of the notice, the vehicle will be impounded or immobilized whenever it is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, unless before that time the fines are paid or appearance is made in municipal court the office of administrative hearings for disposition of cases according to court procedures (d) No person shall impede, hinder, or interfere with the impoundment or immobilization of a vehicle as provided under subsections (a) and (b). (e) No person, except an authorized city officer or employee, shall attempt to remove the immobilization device. No person shall move or attempt to move a vehicle immobilized under subsection (b). Any such action(s) shall constitute a separate and additional offense(s), punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Any damage to the immobilization device, occurring as a result of an attempt to remove or tamper with the device or by moving the vehicle, shall make the offender liable for the destruction of public property. (f) The City of Corpus Christi shall assume no liability for loss or damage to an immobilized vehicle or its contents while so immobilized. (g) It shall be the duty of all owners and persons in charge of vehicles which are disappeaf missing within the city limits to make inquiry to the police department. When a person inquires of the police department about a missing vehicle, a thorough check shall be made to determine if the vehicle Page 9 of 28 has been impounded. If the vehicle has been impounded, the person will be referred to the office responsible for custody of the vehicle, and that office shall inform the person of the following: (1) The reason for impoundment. (2) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (3) That he may request a hearing to dispute validity of the impoundment. Provided, however, that if the vehicle has been seized as evidence of a crime, for forfeiture,. or because of its connection with criminal activity; or similar reasons, the person shall only be referred to the appropriate detective. (h) When a vehicle is impounded and no person has contacted the police department about the vehicle within seventy-two (72) hours after impoundment, the responsible department shall, on the first working day after seventy-two (72) hours, send a notice that the vehicle has been impounded to the registered owner by certified mail, including the following: (1) The year, make, and license plate number of the vehicle. (2) The reason for impoundment. (3) The location from which the vehicle was taken into custody. (4) The location where the vehicle is being held. (5) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (6) That he may request a hearing to dispute validity of the impoundment. (7) The name of the person or office he can contact to get information on procedures for obtaining release of his vehicle. Page 10 of 28 Provided, however, this provision does not apply if ff-the vehicle has been seized as evidence of a crime, for forfeiture, or because of connection with criminal activity: or similar reasons. (i) To the extent that any vehicles seized pursuant to this section constitute "junked" or "abandoned" vehicles under state law or other provisions of this Code, they may be processed in accordance with those provisions. Sec. 53-60. - Same—Redemption of vehicles. (a) When a vehicle is impounded pursuant to section 53-59, subsections (a)(1) through (a)(5) the following procedures shall apply: (1) The vehicle shall be released to a person claiming it, upon satisfactory proof of identification such as a current driver's license, identification card, military identification card or passport, proof of financial responsibility or liability insurance, proof that ho the person is entitled to possession of the vehicle such as title, registration, power of attorney or notarized letter of authorization, and; when the following conditions are met: (2) a. Payment of all towing and storage fees in accordance with the fee schedule in section 57-254; b. Payment of a cash bond in the full amount of the accrued towing and storage fees, and the administrative fee; or c. A determination at the hearing described heroin that the impoundment did not meet the conditions of subsections (a)(1) through (a)(5) of section 53-59. Upon such determination, the bond, if any, shall be returned to the person. If the impoundment is sustained, the bond, if any, shall be forfeited. police department designated by the chief, who shall have fill and Page 11 of 28 produces, and any documentary or other evidence. Thug hearing, by telephone, er by ether means. The hearing officer shall if a preponderance of the evidence indicates that the i (} These procedures shall not apply to any vehicle seized as evidence of crime, for forfeiture, or for its connection with criminal activity, or similar reasons. (b) When a vehicle is impounded or immobilized pursuant to section 53-59, subsection (a)(6) the following procedures shall apply: (1) The vehicle shall be released to a person claiming it, upon satisfactory proof of identification such as a current driver's license, identification card, military identification card or passport, proof of financial responsibility or liability insurance, proof that he the person is entitled to possession; of the vehicle such as title, registration, power of attorney or notarized letter of authorization, and when the following conditions are met: a. Payment of an immobilization fee of forty -seventy-five dollars ($'15.00 75.00) ef-and towing and storage fees e with the fee schedule in under section 57-254 and payment of the standard charge for all unresolved the underlying parking violations as reflected in the parking violation notices. b. Payment of a cash bond in the full amount of the accrued towing and storage fees, the administrative fee and the standard charge for all unresolved the underlying traffic, or stopping or parking violations. c. A combination of payments under "a" and bond for the balance under "b." (2) Page 12 of 28 d. A determination at the hearing described herein that the impoundment or immobilization did not meet the conditions of subsection (a)(6) of section 53-59. If the impoundment is sustained, the bond, if any, relating to towing, immobilization, or storage fees shall be forfeited. a hearing before a representative designated by the city, who shall the vehicle has not been released because the person cannot -afford contentions to the hearing officer, including his -own -testimony, maks them available to the claimant. The hearing officer shall attest to contact other persons with relevant information, such as the thereof ac is appropriate (3) If the person wishes to contest the underlying unresolved parking violations, and if the vehicle has not been released, an municipal court trial administrative hearing shall be set within three (3) working days of the request. Otherwise, trial of the underlying unresolved cases shall be heardby the office of administrative hearings in its routinely docketed by the municipal court manner. The bond for parking fines held under this subsection shall be transferred to municipal court the office of administrative hearings and applied to satisfy any judgment rendered by the court office of administrative hearings in the parking Page 13 of 28 cases. The balance, if any, shall be returned to the defendant or violator. (3) Upon the compliance with this section, the person will be authorized to reclaim the impounded vehicle or to have the immobilization device removed. (4) The hearing officer or the chief of police, or their designees, are authorized to issue a written order releasing an impounded vehicle to its owner or to a person determined to have the right to possession of the vehicle. Nothing in the order shall authorize or imply the waiving of costs and fees associated with the impoundment and storage of the vehicle. Cross reference— See also section 13-49. * * * * * ARTICLE VI. STANDING AND PARKING DIVISION 1. GENERALLY * * * * * Sec. 53-153. - Court costs; administrative fees. (a) There is hereby assessed a court cost or administrative fee of five dollars ($5.00) on each parking violation. "Parking violation" shall include a violation of any city ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles, which presently exists or may be subsequently adopted. This section is adopted pursuant to Article 102.014 of the Texas Code of Criminal Procedure. (b) The municipal court, office of administrative hearings, or other city agency which may be authorized to collect fines or assessments for parking violations shall collect the court costs or administrative fees provided for herein. (c) The money received from court costs or administrative fees hereunder shall be used for the city's school crossing guard program. If it exceeds the amount necessary for said program such money may be deposited in an interest-bearing account or expended for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and Page 14 of 28 intervention and drug and alcohol abuse prevention, and such other purposes as are hereafter authorized by state law. Sec. 53-191. DIVISION 4. PARKING METERS and administrative adjudication hearing. Hearing officer a coin of the United States. (a) The city manager, or designee,_ shall appoint one or more hearing officers to administratively adjudicate stopping, standing, or parking violations under the Code of Ordinances. The hearing officers may conduct other administrative hearings as assigned by the city manager or as required under the Code of Ordinances. fb) There is hereby established an office of administrative hearings to conduct administrative adjudication hearings for stopping, standing, or parking violations under the Code of Ordinances, and other administrative proceedings as assigned by the city manager or as required under the Code of Ordinances. A hearing officer shall have the authority to: (1) Administer oaths; (2) Accept admissions and hear and determine contests of parking violations under the Code of Ordinances; (3) Issue orders enforceable by the municipal court compelling the attendance of witnesses and the production of documents; Page 15 of 28 (4) Issue orders of immobilization or impoundment of vehicles; (5) Set conditions for the release of vehicles immobilized or impounded under this chapter; (6) Administratively terminate parking citations or cases that the hearing officer determines to be uncollectable, unenforceable or erroneously issued: (7) Assess civil fines, penalties, and costs for a parking violation in accordance with this chapter; and (8) Preside over, hear evidence, make findings at immobilization and impoundment hearings under this chapter. (d) A person charged with violating a stopping, standing, or parking ordinance is entitled to an administrative adjudicating hearing as provided in this article. A person issued a parking citation shall answer the citation not later than the appearance date and during the hours specified on the parking citation. (e) An answer may be made in any of the following ways: (1) A person may admit liability and pay the applicable civil fine, and any additional penalties and costs. A person may pay in person, by mail, by electronic means, or by other method of payment as determined by the office of administrative hearings; (2) A person may appear before a hearing officer at an instanter hearing on or before the appearance date and during the time specified on the parking citation: (3) A person may request permission from a hearing officer to adjudicate by mail or electronic means; or (4) A person may file a written request for a scheduled hearing. (f) Payment of civil fines, costs, and fees assessed under this chapter operates as an admission of liability for the parking violation and is the final disposition of the parking violation charge. (q) A hearing officer may permit a person charged with a parking violation to adjudicate the charge by mail or electronic means, if: (1) The person shows good cause to adjudicate by mail or electronic means; and Page 16 of 28 (2) If the person makes the request on or before the appearance date. (h) Letters, memoranda, affidavits, photographs, and other documentary materials are admissible as evidence for adjudication by mail or electronic means. A hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. A person admits liability for a parking violation and shall pay the civil fines, costs, and fees assessed by the hearing officer if the person fails to present evidence, as allowed, to the hearing officer within thirty (30) days from the date of the citation. (i) A hearing officer shall decide a matter adjudicated by mail or electronic means not later than the sixty (60) days after the appearance date shown on the citation. (1) If a hearing officer determines that adjudication cannot proceed by mail or electronic means, the hearing officer shall advise the person charged, by first class mail or electronic means, that he must appear in person to answer the charge at a hearing. (k) In any administrative adjudication hearing under this chapter: (1) It is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. A registered owner is not liable if: a. The operator assumes responsibility and liability for the violation; b. The operator is actually named in the parking citation; c. The registered owner files an affidavit and documents with the hearing officer that establish the vehicle was sold prior to the date and time of the violation; d. The registered owner files a copy of the police report and an affidavit stating that the vehicle was stolen at the time of the violation. e. A registered owner, engaged in the business of renting or leasing vehicles under written rental or leasing agreements, is not liable if, within thirty (30) days after receiving written notice of a parking violation, the owner provides: 1. An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the vehicle at the time the parking citation was issued; or Page 17 of 28 2. A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address and driver's license number of the person that leased the vehicle. f. A registered owner engaged in the business of renting or leasing vehicles who fails to comply with Subsection (f) above is liable for civil fines, costs, and fees. (2) The original or any copy of the summons or citation and the Texas Department of Motor Vehicle's computer-generated record of the registered vehicle owner are prima facie evidence of the facts and contents contained therein. c3) The presence of a vehicle in a paid parking zone: a. When the paid -for time shown on adjacent parking meter is expired; b. When the paid -for time shown on the relevant pay -by -space station has expired; or c. When the paid -for time shown on the pay -and -display station receipt has expired is prima facie evidence that the vehicle has been parked beyond the legal period of time fixed by this article or that the operator did not deposit proper payment. (I) The issuing police officer, parking enforcement officer or other authorized employee shall not be required to attend an instanter hearing. (m) It is not required that the prosecuting attorney attend the hearing. If the person 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. (n) No formal or sworn complaint shall be necessary. (o) The Texas Rules of Evidence do not apply to a hearing under this section. (p) The hearing officer shall examine the contents of the citation, the evidence related to the ownership of the vehicle in question, any evidence filed with the citation, and shall hear and review the testimony and evidence presented by the person charged. The testimony at the hearing shall be recorded. Page 18 of 28 (q) If the hearing officer determines by the preponderance of the evidence that the violation was committed by the person charged, the hearing officer shall find the person charged liable. (r) At the conclusion of the hearinq�the hearing officer shall issue an order stating whether the person charged with the violation is liable for the violation and the amount of any fine, penalty, costs or fees against the person. (s) The order shall be filed with the office of administrative hearings clerk. The clerk shall keep all such orders in a separate index or file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. (t) Within seven (7) calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by United States mail to the last address of the registered owner on record with the Texas Department of Motor Vehicles, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: (1) Of the amount of civil fines, penalties, and costs assessed; (2) Of the right to appeal to municipal court; and (3) That failure to pay can result in immobilization and impoundment of the vehicle. (u) A person who fails to appear before a hearing officer within ten (10) calendar days from the issuance of the citation for a stopping, standing, or parking violation under the Code shall be considered an admission of liability for the charged offense and an order shall be issued on that basis. In the event that the person charged elects to appear by posting a bond and obtaining a scheduled hearing, the failure of the person charged to appear in person or through counsel at the scheduled hearing shall also be considered an admission of liability and an order may be issued on that basis. (v) Fines for violations shall be as provided in section 53-55. The city council by ordinance shall establish fines, administrative fees or penalty for persons who do not wish to contest their citations and for persons who admit liability under this section, and the amount of any added fines that shall be payable if a citation or fine ordered by a hearing officer is not fully satisfied or a bond is not posted within ten (10) calendar days from the date of issuance of the citation. Page 19 of 28 (w) A municipal court may enforce an order of the hearing officer compelling the attendance of a witness or the production of a document. (x) The recorded testimony, documents, and other evidence shall constitute the record for appeal. Sec. 53-192. Injuring or tampering with tern. Appeal and Enforcement. (a) A person found liable by the hearing officer for a parking or stopping ordinance may appeal the determination to municipal court. (b) The appeal must be instituted by filing, not later than thirty (30) day after the filing of the hearing officer's order is issued, a petition with the clerk of the municipal court along with payment of a non-refundable filing fee in the amount of fifty ($50) dollars as well as payment of any other costs required by law. (c) A person who accepts liability or fails to contest liability by the appearance date is not entitled to an appeal hearing. (d) Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person, before appealing, posts a cash appeal bond with the office of administrative hearings clerk in an amount equal to all civil fines, costs and fees assessed by the hearing officer. (e) When an appeal petition is filed, the municipal court clerk shall schedule an appeal hearing and notify each party of the date, time and location of the hearing. (f) An appeal hearing is conducted by municipal court judge. (g) The appeal hearing before a municipal court judge shall be an administrative proceeding for the purpose of affirming or reversing the order issued by the administrative hearing officer. The appeal shall be decided under the substantial evidence rule and on the basis of the evidence adduced at the hearing before the hearing officer. The record of witness testimony may be preserved for appellant review by the use of an audio or video tape recording, and no evidence may be adduced at the appeal hearing. The judge shall not reverse the hearing officer's decision unless it is determined to be: () In violation of law. Page 20 of 28 (2) Not reasonably supported by substantial evidence, based upon a review of the reliable and probative evidence in the record as a whole; or (3) Arbitrary and capricious or characterized by an abuse of discretion. (h) If the findings of the hearing officer are affirmed, the civil fines, costs, or fees may not be modified except that additional penalties, and other costs, or fees may be added in accordance with the schedule in this chapter. (i) A person who is liable for parking violations and has not paid the fines, costs, and fees assessed when due, the fines, costs, and fees assessed for the violations may be enforced by: (1) Impounding the vehicle if the owner or operator has committed three or more vehicle parking or stopping offenses in a calendar year, (2) Placing a device on the vehicle that prohibits movement of the motor vehicle: (3) Imposing an additional fine if the original fine is not paid within a specified time. (4) Denying issuance of or revoking a parking or operating permit, as applicable; or (5) Filing an action to collect the fines, costs, or fees in a court of competent jurisdiction. (I) In addition to paying the added fine amount for late payment as provided in section 53-55, the failure to comply with an order issued under this article may be enforced by any of the other methods provided in section 682.010, Transportation Code. (k) The office of administrative hearings shall be responsible for creating and maintaining the delinquent vehicle list. (I) A delinquent vehicle may be placed on the delinquent vehicle list after notice has been issued and a hearing, if requested. (m) At least ten (10) days prior to placing a delinquent vehicle on the delinquent vehicle list, the clerk of office of administrative hearings shall mail a notice to the owner, at the address stated on the most current registration records available to the city from the state, or any more current address of which the office of administrative hearings has actual notice, by first-class United States mail, postage prepaid. When the Department of Motor Vehicle does not have current registration records for a vehicle, a self -adhering notice Page 21 of 28 placed on the vehicle will be deemed sufficient notice. The notice shall include: (1) The license number of the alleged delinquent vehicle; (2) The date certain on which the delinquent vehicle will be subject to placement on the delinquent vehicle list; (3) A list of three (3) or more alleged unresolved parking citations including the date, time, place of violation, and the nature of the violation; (4) That the owner may avoid the vehicle's being placed on the delinquent vehicle list by making an appearance on the unresolved parking citationsi (5) The name, mailing address (and street address, if different), and telephone number of a city office or agency that may be contacted for a hearing if any of the alleged unresolved parking citations has been resolved by appearance, or if the recipient was not the owner of the vehicle when any of the alleged unresolved parking citations was issued, or if the title to the vehicle has been transferred since the unresolved parking citations were issued; and (6) That administrative fees, boot fees, and towing and storage fees may be payable to obtain the release of a vehicle booted or towed under this article in addition to appearance on any unresolved parking citations. (7) For a vehicle that is not yet a delinquent vehicle, the notice required under this section may be mailed or adhered to the vehicle, provided that there are already two (2) unresolved parking citations and that a third parking citation, which shall also be specified in the notice, will become unresolved if an appearance is not made thereon by the date specified for placement of the vehicle on the delinquent vehicle list. (n) After the expiration of the date provided in the notice issued, the office of administrative hearings shall review the records to ensure that the alleged unresolved citations have not been resolved by appearance, and that no information has been received indicating that the notice was erroneous. The hearing officer shall meet with any person desiring to present evidence that a notice given is erroneous, shall afford the person an opportunity to present any relevant evidence on the matter, and shall mail or otherwise furnish a written notice to the person of the hearing officer decision. (o) If the request for a hearing is received by the office of administrative hearings before the date specified in the notice for placement of the vehicle on the delinquent vehicle list, then the clerk shall notify the hearing officer of the request for hearing and afford the applicant an opportunity for a hearing prior Page 22 of 28 to placement of the vehicle on the delinquent vehicle list. If the applicant timely appears for the hearing as scheduled, the clerk shall furnish the hearing officer and the applicant written notice of the adjudication hearing officer's decision. (p) Once a vehicle has been placed on the delinquent vehicle list, it shall not be removed from the list unless and until: (1) All unresolved parking citations issued during the time it has been registered to or otherwise held by the owner are resolved by appearance;, (2) The hearing officer receives reliable information that the vehicle was not registered to its current owner at the time the unresolved citations were issued: (3) The hearing officer receives reliable information that title to the vehicle has been transferred; or (4) The hearing officer determines that the placement of the vehicle on the delinquent vehicle list was erroneous. Sec. 53-193. immobilization of motor vehicle for unpaid parking citations. Impoundment or It shall be the duty of the director of finance to designate some person to they are required to perform. (a) An order filed pursuant to this article may be enforced by: (1) Impounding or immobilizing the vehicle if the violator has committed three or more parking or stopping offenses within the calendar year; and (2) Imposing an additional fine if the original fine is not paid within a specified time. (b) Provided however that no vehicle shall be impounded or immobilized under this article unless written notice is mailed, in accordance to section 53-59, to the last known registered owner, or current owner if that information is contained in the order filed pursuant to section 53-191. (c) If a vehicle owner does not request a hearing or pay the penalty as provided by this article, the vehicle may be immobilized or impounded after notice Page 23 of 28 and opportunity for a hearing has been provided to the last known registered owner of the motor vehicle. (d) The written notice shall contain the following information: (1) The vehicle license plate number; (2) The name of the last registered owner of the vehicle; (3) The date issued, fine amounts, costs and fees for all outstanding or unresolved parking citation; (4) A statement that a request for a hearing to determine whether or not the motor vehicle will be immobilized or impounded must be made to the office of administrative hearings in writing, without requirement of bond, within ten (10) days after the date the notice was mailed; (5) A statement that failure to request a hearing before the expiration of the ten (10) day period, or failure to appear at a requested hearing will constitute a waiver of the opportunity to oppose the proposed impoundment or immobilization; and (6) A statement indicating_ that the registered owner of the vehicle, in addition to being responsible for all outstanding parking citations, will be responsible for all fees and costs incurred in immobilizing and impounding the vehicle, including storage fees. (e) If a hearing is requested, and the hearing officer determines that a vehicle will be immobilized or impounded, the hearing officer will issue a written order directing any police officer, parking enforcement officer or other authorized employee of the city to immobilize and impound the vehicle. The office of administrative hearings will also charge a hearing fee of fifty ($50.00) dollars that is separate from the immobilization fee. (f) If the office of administrative hearings does not receive a request for a hearing from the owner of the motor vehicle or the owner's representative within ten (10) days from the date the notice required by this section was mailed, or if the owner or owner's representative fails to attend a requested hearing, the hearing officer will issue a written order directing the immobilizing and impoundment of the vehicle. If the owner or owner's representative fails to attend a requested hearing, the office of administrative hearings will charge fifty ($50.00) dollars hearing fee that is separate from the immobilization fee. (g) Upon a determination by the hearing officer that a vehicle should be immobilized or impounded, the hearing officer or the office of administrative Page 24 of 28 hearings will inform the owner or owner's representative of the determination, in person if the owner or owner's representative appear at a hearing or by certified mail to the last known registered owner of the vehicle if they do not appear at a hearing. (h) Any police officer, parking enforcement officer or authorized employee may immobilize a vehicle under a hearing officer order by the installation or attachment of a device designed to restrict the normal movement of a vehicle. (i) When a vehicle is immobilized, the person executing the order will conspicuously attach to the vehicle a written notice on a form provided by the city as follows: (1) The vehicle has been immobilized pursuant to an order; (2) It is unlawful for any person to tamper with, deface, damage, or attempt to remove an immobilization device when it has been attached to a vehicle: (3) Instructions on having the vehicle released may be obtained by calling the office of administrative hearings or police department; (4) The vehicle may be towed and impounded if the owner of the vehicle or the owner's representative has not arranged to have the immobilization device removed by the city before 4:00 p.m.: and (5) The owner of the vehicle is responsible for payment of all applicable fees for towing, impoundment and storage of the vehicle, in addition to the fines, costs, and fees for any outstanding parking citations. (i) Nothing under this section shall be construed to restrict or limit the authority of police officers to tow and impound vehicles under other applicable law. Sec. 53-194. - o. �rpoee of levy. Violations; penalties. Page 25 of 28 areas of the city. (a) A person may not knowingly: (1) Stop, stand, or park a vehicle in violation of this chapter or state law; or (2) Permit a vehicle owned by the person or registered in the person's name to stop, stand, or park in violation of this chapter or state law. (b) If a parking space limit line is delineated on a street or parking lot owned or maintained by the city, a person: (1) May not park a vehicle on or across the line; and (2) Shall park a vehicle entirely within the delineated area. (c) A person may not park a vehicle in a driveway of a parking lot owned or maintained by the city. (d) A person may not park on an off-street parking lot or parking garage at property owned or leased by the city that has been designated by the city manager for city employee parking, unless the person is an employee of the city. Lej A person may not park on an off-street parking lot or parking garage at property owned or leased by the city that has been designated by the city manager for visitor parking, unless the person is conducting business at a city facility served by the parking lot. If A person other than a person operating a commercial vehicle may not stop, stand or park a motor vehicle in a designated commercial service zone. (g) A person operating a commercial vehicle may not stop, stand, or park in a designated commercial service zone for more than 30 minutes. A person may not stop, stand, or park a vehicle in a zone marked as a safety zone or within fifteen (15) feet of a fire hydrant. f A person may not stop, stand, or park a vehicle in a prohibited parking area, no parking zone, or restricted parking area that is designated as a tow -away zone. f A person may not stop, stand, or park a vehicle on a sidewalk, right-of-way, or crosswalk. Page 26 of 28 (k) A person may not stop, park or leave standing any vehicle, whether attended or unattended, upon the main -traveled part of a street, in a manner or under any condition which leaves available less than fourteen (14) feet of the width of the street for the free movement of vehicles. la A person may not back a vehicle into a parking space on a public street designated for head -in angle parking. (m) A person may not park a vehicle head -in in a parking space on a public street designated for back -in angle parking. (n) A person may not stop, stand, or park any vehicle having attached thereto a trailer, and the overall length of the vehicle and trailer is nineteen (19) feet or more, on any street where angle parking is designated. (o) A person may not stop, stand, or park a vehicle and leave it unattended within an alley in any manner or under any condition which leaves available less than ten (10) feet of the width of the alley for the free movement of vehicles, except for the active and expeditious loading and unloading of freight. (p) A person may not stop, stand, or park a vehicle within an alley in any position which blocks a driveway entrance to any abutting property. A person may not double park or park two vehicles within a single parking space. A person may not deposit or cause to deposit a parking fee to extend the time limit beyond what is allowed under section 53-257. A person may not stop, stand, or park a vehicle on a public street or highway facing the opposite direction of travel. ill A person may not stop, stand, or park a vehicle beyond the posted time zone or at an expired meter. LI A person may not stop, stand, or park a vehicle with wheels over eighteen (18) inches from curb or edge. fyl A person may not stop, stand, or park a vehicle in a bus stop or taxi zone. (w) A person may not stop, stand, or park a vehicle blocking two (2) meter spaces." Page 27 of 28 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 6. This Ordinance takes effect October 1, 2011. e Page 2$ of 28 r That the foregoing ordina a was read for the first time and passed to its second reading on this the 1 day of , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler That the)regoing ordinance was read for the second time and passed finally on this the �q day of , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the 4ay of ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: July 7, 2011 ray/ T. Trisha Dang Assistant City Attorney For City Attorney , 2011. Mayor 02914.2 EFFECTIVE DATE 0010 her L Di-