The text
Footnotes:
--- (1) --- Editor's note— Ord. No. 2026-15, § 1, adopted April 20, 2026, amended chapter 106 in its entirety to read as herein set out. Former chapter 106, §§ 106-1—106-166, pertained to similar subject matter, and derived from the 1979 Code, ch. 7, § 3, and ch. 9 §§ 1, 2(A, G), 4(A—H), 5(A, B), 7, and 8; Ord. No. 84-23, ch. 9, § 4(J), ch. 9, § 4(K), ch. 9, § 4(L), adopted Oct. 23, 1984; Ord. No. 85-9, ch. 9, § 4(M), adopted May 14, 1985; Ord. No. 85-21, adopted Sept. 10, 1985; Ord. No. 87-9, ch. 9, § 4(N), adopted May 12, 1987; Ord. No. 87-17, ch. 9, § 4(O), adopted Sept. 8, 1987; Ord. No. 87-18, ch. 9, § 4, adopted Sept. 8, 1987; Ord. No. 90-16, ch. 9, § 4(P), adopted Nov. 27, 1990; Ord. No. 91-7A, ch. 6, § 8, adopted Sept. 10, 1991; Ord. No. 91-11, ch. 9, § 8(A), (B), adopted Oct. 8, 1991; Ord. No. 93-5, ch. 9, § 4, adopted April 27, 1993; Ord. No. 2001-12, § 1, adopted July 12, 2001; Ord. No. 2005-08, § 2, adopted June 28, 2005; Ord. No. 2009-20, § 2, adopted Oct. 27, 2009; Ord. No. 2014-08, § 2, adopted April 8, 2014; Ord. No. 2016-09, § 2, adopted May 10, 2016 ; Ord. No. 2016-10, § 2, adopted May 24, 2016 ; Ord. No. 2022-32, § 2(Exh. A), adopted April 26, 2022; Ord. No. 2024-08, § 11, adopted March 12, 2024; Ord. No. 2024-29, § 1, adopted Aug. 13, 2024; Ord. No. 2024-30, § 1, adopted Aug. 13, 2024.
Cross reference— Alcoholic beverages, ch. 6; animals, ch. 14; aviation, ch. 18; cemeteries, ch. 34; civil emergencies, ch. 38; fire prevention and protection, ch. 46; manufactured homes and trailers, ch. 62; parks and recreation, ch. 74; peddlers and solicitors, ch. 78; streets, sidewalks and other public places, ch. 94; vehicles for hire, ch. 114.
State Law reference— Powers as to streets, alleys, etc., and obstructions thereon, Vernon's Ann. Civ. St. art. 1015; powers in Uniform Act Regulating Traffic on Highways, Vernon's Ann. Civ. St. art. 6701d, §§ 12, 26, 27, 31, 43A, 49, 65, 76, 87, 91, 94—96, 165, 169, 170; franchise for railway crossing, Vernon's Ann. Civ. St. art. 6701d-6; movement of heavy and oversize equipment, Vernon's Ann. Civ. St. art. 6701d-11, § 2(d); movement of oversize or overweight oil well servicing and drilling machinery, Vernon's Ann. Civ. St. art. 6701d-16, § 2; removal of unauthorized vehicles from parking facilities or public highways, Vernon's Ann. Civ. St. art. 6701g-2; traffic safety program, Vernon's Ann. Civ. St. art. 6701j-1, § 5(b); regulation of certain drivers and porters, V.T.C.A., Local Government Code § 215.029; regulation of parking, V.T.C.A., Local Government Code § 431.001 et seq.
ARTICLE I. - IN GENERAL#
Sec. 106-1. - Traffic engineer.#
(a)
Appointed by the city manager. The city manager shall appoint a traffic engineer for the city who shall be in charge of all traffic control signs, signals and devices.
(b)
Term of office. The traffic engineer shall be appointed for an indefinite period and shall be subject to discharge at the will of the city manager.
(c)
Powers and duties. The powers and duties of the traffic engineer shall be to maintain traffic control signs, signals and devices as required under state law and may place and maintain such additional traffic control devices as he/she may deem necessary to regulate traffic under state law or to guide or warn traffic. It shall be the duty of the traffic engineer to supervise the installation and proper timing and maintenance of traffic control devices, and he/she may test traffic control devices under actual conditions of traffic.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-2. - Adoption of Texas Transportation Code.#
The council hereby adopts the Texas Transportation Code, as amended from time to time, as heretofore and hereafter amended, and ordains that such act shall be in full force and effect upon all streets, roads, alleys, and thoroughfares within the city.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-3. - Streets restricted to certain traffic.#
(a)
Except as otherwise provided in this section, it shall be unlawful and in violation of this chapter for any person to park, drive, operate, or move and/or to cause or permit to be parked, driven, operated or moved on a public street other than a state or federal highway within the corporate limits of the city any motor vehicle with or without load.
(b)
Exceptions to subsection (a) of this section shall be as follows:
(1)
Private passenger vehicles;
(2)
Trucks, truck tractors, road tractors, semi-trailers, motor buses, and commercial motor vehicles with a rated capacity of two and one-half tons or less;
(3)
Vehicles making deliveries, commercial movers, tow trucks, rented moving vans or trucks, power sweepers, farm trucks, school and church buses, tree trimming and any other vehicles in the course of providing a direct service or transporting people or goods;
(4)
Construction machinery while working in a construction site;
(5)
Organized and permitted parades;
(6)
Municipal and public utility vehicles while performing maintenance, inspection, repair, or other services, including those vehicles operated by firms with a franchise issued by the city or under contract with municipal government or a public utility;
(7)
Emergency vehicles operated by a governmental entity or nonprofit disaster relief organization; and
(8)
Recreational vehicles while enroute to be parked on private property.
(c)
Exceptions provided in subsection (b) do not include parking within 15 feet of a curb mailbox, nor within the sight triangle of intersecting public streets, nor on a publicly dedicated alley.
(d)
The parking of vehicles carrying flammable liquids in the fire limits shall continue to be regulated by section 46-2 of this Code of Ordinances.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-04. - No through truck streets.#
(a)
Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized emergency trucks shall mean fire department trucks, police trucks, public ambulances for which permits have been issued by the state board of health, emergency trucks of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, private trucks operated by volunteer firemen or certified emergency medical volunteers while answering a fire alarm or responding to a medical emergency, and trucks owned by the state or by a political subdivision engaged in emergency utility repair or electric, water, or wastewater services.
Light truck shall mean any truck with a manufacturer's rated carrying capacity of 2,000 pounds or less, including trucks commonly known as pickup trucks, panel delivery trucks, and carryall trucks.
Proof of route shall mean a written verification of pick-ups, deliveries, or destinations, which may include a log book, delivery slip, shipping order, bill or any other document which identifies and specifies the date, address, and name of the person requesting or directing the pick-up or delivery and the destination of the pick-up or delivery.
Truck shall mean any motor vehicle designed, used or maintained primarily for the transportation of property, including "truck tractors," "road tractors," "trailers," "semi-trailers," "pole trailers," and "special mobile equipment" as those terms are defined in V.T.C.A., Transportation Code § 541.201.
Terms not defined herein shall be construed in accordance with customary usage.
(b)
Through truck traffic prohibited.
(1)
Regulation. A person commits an offense if the person operates a truck upon a public street designated as a no through truck street as established in subsection (c).
(2)
Affirmative defenses. It is an affirmative defense to prosecution under this section if:
a.
The vehicle was an authorized emergency vehicle;
b.
The vehicle was a school bus or light truck; or
c.
The truck:
1.
Was being driven to seek service or repairs at a facility that engages in the business or repairs of commercial motor vehicles or the truck was being driven to or from home or to fulfill a local commercial obligation to a buyer or seller at a given destination, evidenced by a bill of sale, invoice or other proof of route which shall be displayed immediately upon request; and
2.
The public street was the only route to such destination.
(c)
No through truck traffic routes designated. The following routes shall be designated as no through truck traffic routes and as shown on the attached exhibit "A":
Route Location
North Hill Street Between the intersections of North Hill Street and Highway 29 East, North Hill Street and FM 963.
Pecan Street and Coke Street Between the intersections of Pecan Street and South Water Street (281South), and the intersection of Coke Street and Polk Street (highway 29 East), through the intersection of Coke Street and Pecan Street.
(d)
The traffic engineer or his/her designee is directed to erect and place signs designating the above streets as no through truck streets.
EXHIBIT A
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-5. - Sidewalks.#
(a)
The city hereby designates the sidewalks in the following areas as a wheeled vehicle free area:
(1)
Area bounded by S Water Street on the west, W Polk St to the north, S Boundary St to the east and E League St to the south;
(2)
West Jackson Street to Hamilton Creek Park;
(3)
East Jackson Street to the railroad crossing; and
(4)
The Hamilton Creek Park area.
(b)
Wheeled vehicles, for purposes of this section is defined as every device, in which, or by which, any person or property is or may be transported or drawn upon a public sidewalk, including self-propelled devices such as bicycles, skateboards, roller skates/blades, motor scooters, motorcycles; but excluding wheel chairs, baby carriages, hand-drawn four-wheeled wagons and grocery carts.
(c)
Whoever shall operate a wheeled vehicle on the above designated sidewalks shall be guilty of a class C misdemeanor.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-6. - Use of hand-held mobile telephones in school zones.#
(a)
Use of a hand-held mobile telephone is prohibited while operating a moving motor vehicle in a "school zone" on official school days and during hours when the school zone is in effect.
(b)
For purposes of this section, the following definitions apply:
Engaging in a call shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.
Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
Hands-free mobile telephone shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic devices) is necessary to activate, deactivate, or initiate a function of such telephone.
Mobile telephone shall mean the device used by subscriber and other users of wireless telephone and/or data service to access such service and shall include personal digital assistants.
Personal digital assistant shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice.
Wireless telephone service shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network commonly referred to as cellular service or personal communication service.
(c)
Except as otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle on a public roadway in a school zone, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send and/or read a text message.
(d)
An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
(e)
Subsection (c) shall not apply to:
(1)
The use of a mobile telephone for the sole purposes of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician's office or health clinic; the city's public safety facility;
(2)
Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or
(3)
The use of a hands-free mobile telephone when being used in a hands-free manner.
(f)
The violation of this section is a strict liability offense. Such offense shall be a class C misdemeanor punishable by a fine not to exceed the sum of $200.00. Each and every telephone call or text message shall be deemed to constitute a separate offense.
(Ord. No. 2026-15, § 1, 4-20-26)
Secs. 106-7—106-25. - Reserved.#
ARTICLE II. - TRAFFIC CONTROL DEVICES#
Sec. 106-26. - State manual on uniform traffic control devices adopted.#
All traffic control devices including signs, signals, and markings on pavement and curbs used for the purpose of directing and controlling traffic within the city, shall conform with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All traffic control devices so erected shall be official traffic control devices of the city and shall be established in conformance with the Texas Transportation Code.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-27. - Duty to obey.#
The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this article, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle. No provision of this article for which official traffic control devices are required shall be enforced against an alleged violation, if at the time and place of the alleged violation, an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-28. - Ratification of existing devices.#
All traffic control signs, signals, devices and markings placed or erected prior to the effective date of this Code and in use for the purpose of regulating, warning or guiding traffic are hereby affirmed, ratified and declared to be official traffic control devices, provided such traffic control devices are not inconsistent with the provisions of this chapter or state law.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-29. - One-way traffic; signs erected.#
In order to provide for the safe movement of traffic on the streets of the city and particularly on certain streets, it is hereby ordered that one-way traffic signs be erected at the following locations: (1)
On that portion of West 4 th Street between Highway 281 North and North Main Street (the 100 block), one-way traffic flowing to the west towards Highway 281 North.
(2)
On that portion of West 6 th Street between Highway 281 North and North Main Street (the 100 block), one-way traffic flowing to the east towards North Main Street.
(3)
The alleyway between South Main and South Pierce in the 100 block of the aforementioned streets shall be one-way traffic flowing to the east from South Main to South Pierce Streets.
(Ord. No. 2026-15, § 1, 4-20-26)
Secs. 106-30—106-50. - Reserved.#
ARTICLE III. - PARKING#
Sec. 106-51. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Square means the one block of streets on all four sides of the courthouse.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-52. - Conformance of vehicle owners with article provisions required.#
It shall be unlawful for any person in charge of any automobile, truck, or other motor-driven vehicle to park the vehicle in violation of the provisions of this article.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-53. - General parking restrictions; movement around square.#
(a)
Parking on the square shall be head-in, angle parking with the parking lanes set at a 45-degree angle.
(b)
The angle parking lanes shall be marked at all times, and clearance shall be left at all corners such distance that moving traffic will not be impeded or endangered.
(c)
No parking will be permitted within 15 feet of a fire hydrant, and the space adjacent to a fire hydrant shall be marked in such a manner as to show that the space is not intended to be used for parking vehicles.
(d)
Trucks heavier than two-tons are prohibited from traveling on the square except for the purpose of pickup or delivery of goods to businesses on the square.
(e)
Delivery trucks, larger than one-half ton pickups, will not use the front doors of business establishments for making deliveries, except in the case where a business building does not have a back door.
(f)
On all streets except the square and where extra width has been provided, all vehicles shall park parallel with the curb.
(g)
All trucks loading and unloading shall park parallel with the curb unless otherwise indicated, and except large tractors with trailers which shall not extend into the street more than seven feet when parked.
(h)
Combined vehicle and trailer combinations shall be prohibited from parking on the square between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for the purpose of temporary parking for the delivery of goods to businesses on the square.
(i)
All traffic on the square shall travel in a counter-clockwise direction.
(j)
Parking on the square shall be restricted where indicated by signage erected under the direction of the traffic engineer and may include handicapped parking only, emergency vehicle parking only, and temporary delivery parking.
(k)
The city engineer may deem streets less than 31 feet in width unsafe for travel or for emergency access and erect signs prohibiting parking on one or both sides of the street by separate ordinance.
(l)
Required parking spaces for commercial or industrial subdivisions shall not have direct access to any roads. Access to required parking spaces shall be provided by on-site driveways. Off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way.
(m)
Required parking spaces for residential subdivisions shall not have direct access to collector or arterial roads.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-54. - Parking on U.S. 281 and State Highway 29.#
(a)
Prohibited. Parking is hereby prohibited for the following limits and times:
(1)
On U.S. 281 (Water Street) on both sides from the south city limits to the north city limits, there shall be no parking at any time.
(2)
On State Highway 29 (East Polk and Buchanan Drive) on both sides from the east city limits to the west city limits, there shall be no parking at any time.
(b)
Exception. An exception to all parking on all streets and highways, as prohibited in this section, is hereby granted to all funeral home establishments who may, during the course of conducting a funeral service, use the outside lane adjacent to the property on which the funeral is conducted, for parking by the funeral home establishment and by those persons attending the funeral service, provided such funeral home establishment displays sufficient uniform traffic control devices, as provided for in the Texas Manual on Uniform Traffic Control Devices, issued by the state transportation commission under the authority of the Texas Transportation Code, during such expected use, so as to ensure the free flow and expeditious handling of traffic and the safety of persons and property.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-55. - Parking on portions of North Pierce Street.#
It shall be unlawful to park any automobile, truck, tractor or other vehicle on the west side of North Pierce Street, between East Post Oak and East Polk Streets.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-56. - Parking on portions of League Street.#
It shall be unlawful to park a motor vehicle or trailer on the north side of League Street between a point 30 feet east of Highway 281 to the railroad track situated between South Boundary Street and South Silver Street.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-57. - Parking restricted at certain locations around the county courthouse.#
The parking of any other vehicle is hereby prohibited in those spaces around the county courthouse marked for use by the following: (1)
District Judge;
(2)
County Judge;
(3)
JP Precinct 1;
(4)
JP Precinct 2; and
(5)
Law enforcement officers.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-58. - Parking restricted at certain locations adjacent to the county jail.#
Adjacent to the county jail, the parking of any other vehicle is hereby prohibited in those spaces marked for use by law enforcement officers.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-59. - Parking on portions of West Jackson Street between Main Street and Highway 281.#
(a)
It shall be unlawful to park any automobile, truck, tractor, or other vehicle on the north side of West Jackson Street between Main Street and Highway 281.
(b)
It shall be unlawful to park any automobile, truck, tractor, or other vehicle on the south side of West Jackson within 50 feet of the crosswalk located at the intersection of Main Street and West Jackson Street.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-60. - Reserved.#
Sec. 106-61. - Parking on portions of Lamon Street during certain hours.#
It shall be unlawful to park any automobile, truck, tractor or other vehicle on either side of Lamon Street between North Vanderveer Street and North Wood Street between the hours of 7:30 a.m. to 9:00 a.m., and 2:00 p.m. to 4:00 p.m. on school days.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-62. - Parking on portions of North Vanderveer Street during certain hours.#
It shall be unlawful to park any automobile, truck, tractor or other vehicle on either side of North Vanderveer Street between East Taggard Street and a point conterminous with the existing school zone warning sign situated between East Kerr Street and Lamon Street between the hours of 7:30 a.m. to 9:00 a.m., and 2:00 p.m. to 4:00 p.m. on school days.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-63. - Left turn at a certain location on North Vanderveer Street.#
It shall be prohibited for southbound traffic on North Vanderveer Street to make a left turn into the entrance of the west parking and unloading area of the Burnet Elementary School.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-64. - Parking restricted to police and fire personnel on the north side only on Northington Street.#
It shall be unlawful to park an automobile or any other vehicle on the north side only of Northington Street between the corner of South Rhomberg Street and the Haynie Branch crossing of Northington Street, unless the driver of such automobile or other vehicle is a member of the city police department or a member of the city volunteer fire department.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-65. - Parking on portions of East Brier Street during certain hours for school bus loading.#
It shall be unlawful to park any automobile, truck, tractor, or other vehicle except school buses on the north side of East Brier from a point of beginning 25 feet west of North Boundary and extending west on the north side of East Brier 150 feet between the hours of 2:00 p.m. and 3:30 p.m. during regular school sessions.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-66. - Parking on portions of North Wood Street during certain hours for school bus loading.#
It shall be unlawful to park any automobile, truck, tractor, or other vehicle except school buses on the west side of North Wood Street from the south side of Tate Street and extending south on the west side of North Wood Street 150 feet between the hours of 2:00 p.m. and 4:00 p.m. during regular school sessions.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-67. - Restricted parking on Delaware Springs Boulevard.#
It shall be unlawful to park a motor vehicle on any portion of Delaware Springs Boulevard from U.S. Hwy 281 to Denny Fox Drive, as further shown on [Illustration 106-67] and as indicated by no parking signage.
Sec. 106-68. - Restricted parking on certain portions of Pierce Street.#
It shall be unlawful to park a motor vehicle on the southern half of the west side of Pierce Street between E. State Highway 29 and E Washington Street (south of the alley) for more than one hour between 8 a.m. and 5 p.m., Monday through Friday, as further shown on [illustration 106-68] and as indicated by temporary parking signage.
Illustration 106-67. Restricted parking on Delaware Springs Boulevard
Illustration 106-68. Restricted parking on certain portions of Pierce Street.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-69. - Restricted parking on certain portions of Creekfall Phase 3 Subdivision.#
It shall be unlawful to park a motor vehicle at any time on the north side of Big Sugar Road, the south side of Gristmill Road and Wheel Horse Road, the west side of Prairie Dew Road, Desert Drive, and Bridle Road, and the east side of Hayburner Road within Creekfall Phase 3 Subdivision, as further shown on Exhibit "A" and as indicated by official traffic control signage.
Exhibit "A"
(Ord. No. 2026-21, § 1, 6-9-26)
Secs. 106-70—106-90. - Reserved.#
ARTICLE IV. - RAILROADS#
Sec. 106-91. - Crossings-maintenance.#
It shall be the duty of any railroad company owning or operating any part of a railroad through or within the corporate limits of the city to keep that portion of its roadbed and right-of-way over or across which any street may run, in a proper condition for public use and travel, and in case of its failure to do so for ten days after notice is given, as provided for in section 106-92, it shall be deemed guilty of a misdemeanor for each and every day such railroad company may fail or neglect to comply with the requirements of this article.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-92. - Same-repair; service of notice.#
Whenever the council deems it necessary to require the construction or repair of any crossing of any street over the roadbed and right-of-way of any railroad in the city, the council shall, at any regular or called meeting of the council, under an order upon the minutes of the council, requiring such railroad company to construct or repair such crossing, as the case may be, serve a certified copy of such order upon the local agent of such railroad company in the city, which service may be made by the city manager or by any other person qualified to make oath of the fact of service.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-93. - Enforcement of article.#
It shall be the duty of the city manager at any time after the expiration of one week, after the ten days' notice given in accordance with the provisions of section 106-92, to institute in any court having jurisdiction of the amount, a suit in the name of the city against the railroad company violating the provisions of this article, to recover such penalty, as may be imposed under provisions of section 1-6.
(Ord. No. 2026-15, § 1, 4-20-26)
Secs. 106-94—106-120. - Reserved.#
ARTICLE V. - ABANDONED/ JUNKED/ AND THE TOWING AND IMPOUNDMENT OF/ VEHICLES#
DIVISION 1. - GENERALLY#
Sec. 106-121. - Purpose.#
The purpose of this article is to protect the general welfare, health, and safety of the public by providing rules and regulations addressing abandoned and junk vehicles and by authorizing the towing and/or impoundment of any vehicles found standing or parked in violation of any city ordinance, or any vehicle that may be abandoned or left in any public place, or any wrecked or disabled vehicle that constitutes a traffic hazard.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-122. - Definitions.#
In this article, the terms in italics (italics) have the meanings ascribed to them below:
Abandoned vehicle means a motor vehicle that is either: (1)
Inoperable, more than five years old, and has been left unattended on public property for more than 48 hours;
(2)
Has remained illegally on public property for more than 48 hours;
(3)
Remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(4)
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours;
(5)
Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation or a limited-access or controlled-access highway (as defined in V.T.C.A., Transportation Code § 541.302); or
(6)
Is considered an abandoned motor vehicle under V.T.C.A., Transportation Code § 644.153(r).
Antique vehicle means a passenger car or truck that is at least 25 years old.
Appellee means a notice recipient who timely requests a hearing before the hearing officer.
City secretary means the city secretary of the City of Burnet, or his or her designee.
Enforcement authority means any peace officer or code enforcement officer employed by the city; but shall not be the city's chief of police or person designated by the chief of police to be the hearing officer.
Hearing officer means the city's chief of police or his or her designee.
Inoperable means a vehicle that is in such condition at the time of inspection, that it is no longer usable for the purpose for which it was manufactured, regardless of the potential for repair or restoration. If the vehicle is wrecked, dismantled, or partially dismantled it is presumed to be inoperable.
Junked vehicle means a vehicle that is self-propelled or was manufactured to be self-propelled, or any part thereof, in ordinary public view, which remains inoperable for a continuous period of ten days.
Mail means United States Postal Service certified mail with a five-day return request; or United States Postal Service mail with signature confirmation service.
Motor vehicle collector means a person who owns one or more antique or special interest vehicles and who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
Motor vehicle demolisher means any person in the business of converting motor vehicles into processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles.
Notice means a written statement to abate a public nuisance described in City Code section 106-143.
Notice recipient means a party who is sent notice by the enforcement administrator under this section.
Public nuisance means a junked vehicle.
Real property owner/occupant means the owner or occupant of the real property on which a junked vehicle is located; or, if the junked vehicle is located on public property, the owner or occupant of the real property adjacent to the public property on which the junked vehicle is located.
Special interest vehicle means a motor vehicle of any age which has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist.
State Code means the Texas Transportation Code, as same may be amended, revised, or recodified from time to time.
Storage facility means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles.
Vehicle owner means the vehicle's owner of record.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-123. - Offense.#
(a)
A person commits an offense if the person causes a vehicle to either become an abandoned vehicle, or a junked vehicle.
(b)
An offense under this section is a misdemeanor punishable by a fine not to exceed $500.00. In the event, a defendant has once previously been convicted under this article; the defendant shall be fined an amount not less than $100.00 for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense.
(c)
The enforcement of this section by abatement proceedings or by criminal fine are not exclusive remedies. The city may impose both abatement proceedings and criminal prosecution against a violator; and, avail itself to such other remedies as are available under law or equity.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-124. - Conflict with other laws.#
(a)
This article does not affect a law authorizing the immediate removal of a vehicle left on public property that is an obstruction to traffic.
(b)
The authority to take possession of abandoned or junk vehicles, and the procedures relating thereto, as adopted under this article are to be construed in a manner consistent with the laws of the State of Texas. If the provisions or procedures adopted by the city should conflict with the laws of the State of Texas, the laws of the State of Texas shall control.
(Ord. No. 2026-15, § 1, 4-20-26)
Secs. 106-125—106-130. - Reserved.#
DIVISION 2. - ABANDONED VEHICLES#
Sec. 106-131. - Seizure, auction, storage, and demolition of abandoned vehicles.#
The enforcement administrator may take any and all actions authorized in V.T.C.A., Transportation Code ch. 683, including contracting for services, equipment, or facilities to remove and dispose of an abandoned vehicle in accordance with division 4 herein.
(Ord. No. 2026-15, § 1, 4-20-26)
Secs. 106-132—106-140. - Reserved.#
DIVISION 3. - JUNKED VEHICLE#
Sec. 106-141. - Junked vehicles declared a public nuisance.#
It is hereby declared that a public nuisance is created by a junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from a public place or public right-of-way, and said junked vehicle, or part thereof: (1)
Is detrimental to the safety and welfare of the public;
(2)
Tends to reduce the value of private property;
(3)
Invites vandalism;
(4)
Creates a fire hazard;
(5)
Is an attractive nuisance creating a hazard to the health and safety of minors; or
(6)
Produces urban blight adverse to the maintenance and continuing development of the city.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-142. - Defenses.#
It is a defense to the application of this article that a vehicle or vehicle part is: (1)
Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
(2)
Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest motor vehicle or part thereof stored by a motor vehicle collector on the collector's property, provided that the vehicle or part and the outdoor storage area, if any, are:
a.
Maintained in an orderly manner;
b.
Do not constitute a health hazard, and
c.
Screened from ordinary public view by means of a fence that is consistent with building regulations and zoning requirements applicable to the property.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-143. - Notice to abate public nuisance.#
Service of notice of a public nuisance shall be given as provided in this section as follows: (1)
An enforcement officer shall serve the abatement notice by hand delivery to the vehicle owner and the real property owner/occupant. If the vehicle owner and real property owner/occupant are one and the same only one notice shall be required.
a.
If service by hand delivery to the vehicle owner is not possible the notice shall be served by mail to the vehicle owner's last known address and placed conspicuously on the vehicle.
b.
If service by hand delivery to the real property owner/occupant is not possible the notice shall be served by mail to the real property owner/occupant's last known address and placed on the front door of the main structure on the property and if the property is undeveloped conspicuously staked in the ground so it is visible from the street.
(2)
The notice must include:
a.
A statement as to the nature of the public nuisance;
b.
An order that the vehicle owner or the real property owner/occupant abate the nuisance no later than ten days after the date the notice was delivered;
c.
A description of the right to request a hearing before the expiration of the ten-day period; and
d.
A statement of the consequences for failing to abate the nuisance or timely request a hearing.
(3)
A notice recipient may request a hearing to contest the enforcement officer's determination. The hearing request must be made to the city secretary not later than the tenth day after the date the notice is delivered. The request shall be in writing without the requirement of bond.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-144. - Abatement proceedings.#
(a)
With the delivery of the notice, abatement proceedings commence.
(b)
Once abatement proceedings have commenced, the relocation of the public nuisance to another location in the city has no effect on the proceedings.
(c)
A public nuisance removed under these abatement proceedings may not be reconstructed or made operable.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-145. - Abatement public hearing not requested.#
(a)
On or after the eleventh day after the commencement of abatement proceedings the enforcement administrator shall inquire with the city secretary and verify no hearing was requested. Upon such verification, and verification the notice recipient did not abate the public nuisance, the enforcement administrator shall report same to the hearing officer.
(b)
If notice was served by mail, and the notice was returned as undeliverable, the enforcement administrator shall include such information in his or her report to the hearing officer. In such instance the hearing officer shall verify the mail was addressed in accordance with the requirements of City Code section 106-143(1)a. and b.
(c)
Upon the hearing officer's verification that notice was properly delivered and the time to request a hearing expired, the hearing officer may issue an order to abate the public nuisance pursuant to City Code section 106-147.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-146. - Hearing.#
(a)
If requested timely by a notice recipient, the city secretary shall schedule the hearing not earlier than the eleventh day after the date of delivery of notice. The city secretary shall provide written notice of the date, time, and location of the hearing to the appellee. The date of the hearing may be rescheduled once on the request of an appellee; provided if both the vehicle owner and the real property owner/occupant request a hearing the city secretary shall give the vehicle owner preference when setting the date of the hearing.
(b)
The hearing officer shall conduct the hearing as summarily and informally as due process and orderly procedure will allow; and, in a manner, consistent with the following:
(1)
In accordance with V.T.C.A., Transportation Code § 683.076(c) the junked vehicle is presumed to be inoperable, unless demonstrated otherwise by the owner.
(2)
The enforcement officer and appellee shall each be given up to 30 minutes to present their case. The hearing officer may extend such time equally if he or she feels such additional time is necessary to make a just and impartial decision.
(3)
Neither the enforcement officer nor the appellee may cross examine the other; but the hearing officer shall ask such questions of both he or she finds reasonably necessary to make a just and impartial decision.
(4)
At the conclusion of the hearing the hearing officer shall render a decision.
(5)
Should the hearing officer determine that a question of law arises during the hearing he or she may continue the hearing, for no more than 30 days in order to consult with the city attorney before rendering a decision.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-147. - Hearing officer order.#
(a)
Upon rendering a decision, the hearing officer shall enter a written order and copies shall be given by hand at the hearing, or by mail within five business days of the hearing, to appellee, enforcement officer, and city secretary.
(b)
The order shall become final as of the date of issuance.
(c)
The order shall include the following information:
(1)
For a motor vehicle, the vehicle's description, VIN number and license plate number
(2)
For an aircraft, the aircraft's description, federal aircraft identification number as described in 14 C.F.R. Part 47; and
(3)
For a watercraft, the watercraft's description; and identification number as set forth in the watercraft's certificate of number.
(d)
On a finding affirming the enforcement administrator's determination that a junked vehicle is a public nuisance, the hearing officer shall order the notice recipient to remove the junked vehicle and abate the public nuisance; and, further order that if the public nuisance is not abated within the 30-day judicial appeal period prescribed in City Code section 106-148 the enforcement administrator shall take action to abate the public nuisance.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-148. - Judicial appeal.#
(a)
Any party aggrieved by an order of the hearing officer shall have 30 days after the date the order is issued to appeal the order to a court of competent jurisdiction.
(b)
All abatement actions by the city shall be stayed until the thirty-first day after the date the order was issued; or, if an appeal is perfected, until such time as a decision upholding the order, or dismissing the appeal, by the court becomes final.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-149. - Disposal of junked vehicles.#
(a)
Upon the finality of an order under this article:
(1)
A junked vehicle declared a public nuisance or part thereof may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or any suitable site operated by the city, for processing as scrap or as salvage pursuant to authority provided in the V.T.C.A., Transportation Code § 683.078 or any successor statute for junked vehicle disposal;
(2)
The enforcement administrator shall give notice to the Texas Department of Motor Vehicles of the removal no later than the 5 th day after removal; and
(3)
The junked vehicle may not be reconstructed or made operable after removal.
(Ord. No. 2026-15, § 1, 4-20-26)
Secs. 106-150—106-160. - Reserved.#
DIVISION 4. - TOWING AND IMPOUNDMENT OF VEHICLES#
Sec. 106-161. - Enforcement.#
Any police officer or persons duly authorized and acting under and by authority and direction of any member of the police department may order the towing and/or impoundment of a vehicle in violation of this division.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-162. - Violating vehicles.#
A vehicle is in violation of this division and subject to being immediately towed and/or impounded if the vehicle is found to be: (1)
Standing or parked in violation of any city ordinance where "no parking" signs are authorized in said ordinance and posted in accordance with said ordinance; or
(2)
Abandoned as defined in division 1 of this article; or
(3)
Is wrecked or disabled and constitutes a traffic hazard on a public street or highway.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-163. - Procedures.#
(a)
Any vehicle found in violation of this division shall be immediately removed and impounded in such storage facility that may be authorized by the city manager for such purpose.
(b)
Any vehicle towed and/or impounded shall be retained and held by the storage facility operator until all charges for towing and storage described in section 106-164 have been paid in full.
(c)
Notice of impoundment of abandoned vehicles shall be in the manner prescribed in V.T.C.A., Transportation Code § 683.012.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-164. - Authorized fees.#
Fees for each vehicle taken into the control and custody of the police department or its duly authorized operator shall be collected by the police department before the impounded vehicle is released. Said fees are stated in the fee schedule incorporated in this article as appendix A.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-165. - Release of impounded vehicles.#
(a)
Impounded motor vehicles shall be released by the police department or the operator of the police department's vehicle storage facility, after payment is made of any towing or storage charges or fees, only upon receipt of one of the following:
(1)
Submission of certificate of title or other satisfactory proof that the person applying for the release is the owner of the vehicle.
(2)
Submission of the certificate of title and of a current power of attorney duly executed by the owner requesting release to the person named therein and presenting same.
(3)
Release of impounded vehicle to lienholder. A motor vehicle which has not been claimed by the owner after ten days of impoundment (including the day the vehicle arrived at the storage facility) and after the mortgage note is 30 days delinquent, shall be released to the claimant identifying himself as lienholder or agent of the lienholder named on the certificate of title upon the submission of a surety bond, from a firm authorized by the Texas Department of Insurance to provide such surety, and which maintains a physical office in this state, and which shall indemnify, save and hold harmless the city from all damage, liability, costs, attorney's fees, expenses, actions, judgments and special proceedings that may arise, accrue or be brought against the city by reason of releasing the vehicle to the bonded vehicle claimant, up to the amount of the bond, and upon payment of towing charges and storage fees. The form of the surety bond must be approved by the city attorney and shall be in either the original mortgage amount of the vehicle or an amount equal to the current National Automobile Dealers Association book value plus ten percent. A separate indemnification agreement shall be signed by the vehicle claimant who appears at the vehicle storage facility to take possession of the vehicle, and said claimant shall identify himself or herself as the lienholder or the lienholder's agent, and shall state that said claimant holds the City of Burnet harmless and fully indemnified against any claims of loss of property which may arise out of the release of the vehicle.
The surety bond shall include a statement that: (i) the title owner is in default of his mortgage contract by virtue of being delinquent in a scheduled payment by at least 30 days, that the person named in the bond is the lienholder or the legal agent of the lienholder being bonded, that the named lienholder has paramount right of possession of the vehicle, and is legally entitled to repossess same, or (ii) the title owner is in default of his mortgage contract by virtue of the seizure of the mortgaged vehicle by peace officers who have identified it as contraband and subject to confiscation under Chapter 59 of the Code of Criminal Procedure, thus entitling the lienholder to exercise a contractual right of repossession to preserve the mortgage collateral.
The signatory of the indemnification agreement and the surety bond, if signing as agent for a principal or as agent for or officer of a corporation, shall certify in writing and under oath before a notary public that he or she has full authority to execute the document on behalf of the corporation.
(b)
Nothing herein shall prevent the release of any motor vehicle by any person upon the service of an order or judgment directing such release by a court of competent jurisdiction.
(Ord. No. 2026-15, § 1, 4-20-26)
Sec. 106-166. - License fee.#
Tow and impoundment fees are prescribed in the fee schedule found in appendix B of this Code.
(Ord. No. 2026-15, § 1, 4-20-26)
Editor's note— Ord. No. 2024-08, § 11, adopted March 12, 2024, amended the Code by the replacing chapter 106, article V, division 4, Appendix A; with § 106-166.