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
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- - - - - - - • - - - - - - - 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:
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(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.
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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
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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.
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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
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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)
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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
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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
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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-