0323ORDINANCE NO. 323
AN ORDINANCE PROHIBITING THE PARKING OF MOTOR
VEHICLES IN CERTAIN AREAS; ESTABLISHING AREAS IN
WHICH MOTOR VEHICLES ARE PROHIBITED FROM PARKING;
ESTABLISHING A PROCEDURE FOR DETERMINING AREAS IN
THE FUTURE WITHIN WHICH AREAS MOTOR VEHICLES WILL BE
PROHIBITED FROM PAP~KING; PROVIDING FOR THE POSTING
OF SIGNS IN AREAS WHERE MOTOR VEHICLES ARE
PROHIBITED FROM PARKING;
WHEREAS, the City of Southlake, Texas, currently has no ordinance
to control the parking of motor vehicles other than to prohibit parking
within established, marked fire lanes; and
WHEREAS, the City of Southlake has now grown to a size which
necessitates that parking be prohibited in certain areas at the present
time and in other areas in the future as the growth of the city
continues.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
SOUTHLAKE, TEXAS THAT:
Section (1): Ten feet of roadway to be left available for traffic.
No person shall stop, stand or park any vehicle upon a street in such a
manner or under such conditions as to leave available less than ten (10)
feet of the width of either lane of a roadway for free movement of the
vehicular traffic, except that a driver may stop temporarily during the
actual loading or unloading of passengers or when necessary in obedience
to traffic regulations or traffic signs or signals of a police officer.
Section (2): Parking Near Intersections. It shall be unlawful to
park any motor vehicle on any public street closer than thirty-five (35)
feet from the intersection of the pavement line of such public street
with the pavement line of the other street (such pavement line being
extended if necessary to determine the intersection point).
Section (3): Prohibited For Certain Purposes. No person shall
stand or park a vehicle upon any roadway for the principal purpose of :
(1). Displaying it for sale.
(2). Washing, greasing, filling with gas or oil or
repairing such vehicle, execept repairs necessitated
by an emergency.
Section (4): Designation and Marking of Parking Spaces and
Areas Where Parkinq is Prohibited or Limited. The Chief of Police shall
cause parking spaces to be maintained and marked off in and on such
streets and parts thereof as may be designated by the City Council from
time to time and he shall cause spaces in which parking is prohibited to
be maintained and marked off and /or posted in and on such streets and
parts thereof as may be designated by the City Council from time to
time. The Chief of Police shall also cause time limi% parking areas to
be maintained and marked off and/or posted in and on such part or parts
of streets as may be designated by the City Council from time to time.
The Chief of Police shall also, from time to time as either he or the
City Council deem appropriate, prepare a listing of locations at which
the said chief deem~ it advisable to prohibit parking totally or in some
other way or manner limit parking in accordance with this ordinance and
upon submission of such list and recommendations to the City Council for
action, such City Council shall act upon such list in any manner desired
by a majority vote of the members of the City Council then present and
voting. All such places or areas shall be clearly indicated by
appropriate signs or markings on the pavement.
In areas designated as time limit parking areas, parking may be
limited to any period prescribed by the City Council, the same to be
designated with clearly distinguishable markings or signs at both ends
of the time limit areas and at reasonable intervals between the
beginning and ending of such time limit area, with such s~gns to
indicate the time allowed for parking in such area. Any time limit on
parking established under this Seciton Four shall apply on such days and
between such hours as prescribed by the Council.
Section (5): Parallel Parking. Except as otherwise authorized, it
shall be unlawful to park any character of vehicle upon any street,
except as otherwise provided in this ordinance in any other manner than
that the uehicle shall be parallel with the street upon which it is
parked and upon the right side thereof, determined by the direction said
vehicle is headed, and parked so that the wheels on the right-hand side
of ~said uehicle shall be within eighteen (18) inches of the curb or edge
of the roadway.
Section (6): Angle Parking. It shall be lawful to park vehicles
at any angle not greater than forty-five (45) degrees to the line of
traffic at such places in the city as the City Council shall by
resolution determine that angle parking shall be permitted and shall
cause the same to be marked or posted; and in all places where sidewalks
have been set back and provisions made for parking vehicles across or
inside of the usual curbline on any street in the city. In leaving said
angle parking space, vehicles shall not be backed into the traffic lane
any further than necessary to get straightened out and faced in the
proper direction for traffic between said space and center of the
street.
Section (7): Restricted Parkinq. (A) No person shall stop, stand
or park a vehicle except when necessary to avoid conflict with other
traffic or in compliance with law or directions of a police officer or
traffic control device, in any of the following places:
On a sidewalk;
In front of a public or private driveway;
Within an intersection;
Within fifteen (15) feet of a fire hydrant;
(1)
(2)
(3)
(4)
(5) On a crosswalk;
(6) Within twenty (20) feet of a crosswalk at an intersection;
(7) Within thirty (30) feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at
the side of the roadway;
(s) Between a safety zone and the adjacent curb or within
thirty (30) feet of points on the curb immediately
opposite the ends of the safety zone, unless the traffic
authority indicates a different length by signs or
markings;
(9) Within fifty (50) feet of the nearest rail of a railroad
crossing;
(10) Within twenty (20) feet of the driveway entrance to any
fire station and on the side of a street opposite the
entrance to any fire station within seventy-five (75)
feet of said entrance (when properly signposted);
(11) Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would
obstruct traffic;
(12) On the roadway side of any vehicle stopped or parked at
the edge of or curb of a street;
(13) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(14) At any place where official signs prohibit stopping;
(15) In any alley.
(B) No person shall move a vehicle not lawfully under his
control into any such prohibited area or away from a curb such distance
as is unlawful.
(C) No truck in excess of one and one-half (1 1/2) tons
according to manufacturer's classification or any truck, tractor,
trailer-rig, trailer or bus shall be parked in any residential area;
provided, however, a truck shall be permitted to park in a residential
area only for the time necessary for loading, unloading or the delivery
of goods, wares and merchandise. This section shall not prohibit the
parking of a motor home upon residential property.
(D) NO person shall park a vehicle upon any public street in
the city in the same location for more than twenty-four (24) continuous
hours except when such vehicle is parked in front of and adjacent to
real property owned by the owner of the vehicle, in which case such
vehicle may remain so parked for a period up to seventy-two (72)
continuous hours.
Section (8): Unattended Motor Vehicle. No person driving or in
charge of a motor vehicle shall permit it to stand unattended without
first stopping the engine, and effectively setting the brake thereon,
and, when standing upon any grade, turning the front wheels to the curb
or side of highway.
Section (9): Responsibility of Owner for Illegal Parking. No
person shall allow, suffer or permit any vehicle registered in his name
to stand or be parked in any street in the city in violation of any of
the ordinances of the city regulating the standing
uehicles.
or parking of
Section (10): Parkin~ Or Standing in Fire Lanes. NO person shall
park a vehicle within a fire lane in such a manner or under such
conditions as to have available less than twenty (20) feet of the width
of the roadway of said fire lane for the free movement of vehicular
traffic within a fire lane or in such a position as to block the
entrance, exit or any part thereof.
Section (11): Tow Away Zones. (A) In addition to signs regulating
stopping, standing or parking of motor vehicles upon any public street
or highway within the City of Southlake, the Chief of Police of such
city may, with the approval of a majority vote of such city, or at the
direction of such City Council upon majority vote, supplement any such
sign with an additional sign stating "TOW AWAY ZONE" The use of signs
stating "TOW AWAY ZONE" or the like shall not, however, prohibit the
removal by the city of any vehicle found in any area not so marked if
such removal is in conformity with any provision of Section 7 of this
ordinance.
(B) Any unredeemed impounded vehicle may be disposed of as provided
by the Texas "abandoned motor vehicle" statute.
(C) Any vehicle found stopped or standing or parked in or upon any
public street or other public place in violation of any provision of
Section 7 of this ordinance shall be deemed to be a nuisance per se and
any such vehicle shall be removed in the manner and to a place as
authorized herein.
(D) Any vehicle, or any other property, found on any public street
or other public place under any circumstances hereinafter set forth
shall be deemed to be a nuisance per se, and may be removed in the
manner and to the place provided by this ordinance (provided, hcwever,
that such listed circumstances shall not be deemed exclusive or prohibit
such removal in any circumstances not listed):
(1) When any vehicle or any other property constitutes an
obstruction to traffic by being left unattended upon any bridge,
viaduct, or causeway, or in any underpass or tunnel;
(2) When any vehicle is found upon a street, or highway, and
information has been reported to the effect that such vehicle has been
stolen or complaint has been filed and a warrant hereon issued charging
that such vehicle has been embezzled;
(3) When there are reasonable grounds to believe that any vehicle
has been abandoned;
(4) When a vehicle upon a street, or highway, is so disabled that
its normal operation is impossible or impractical and the person or
persons in charge of the vehicle are incapacitated by reason of physical
injury or other reason to such an extent as to be unable to provide for
its removal or custody, or are not in the immediate vicinity of the
diabled vehicle;
(5) When a police officer arrests any person driving or in control
of a vehicle for an alleged offense and such officer is by law required
to take the person arrested immediately before a magistrate;
(6) When any vehicle is parked or standing in or on any portion of
street, or highway, in such a manner that the vehicle constitutes a
hazard, Or interferes with a normal function of a goverrumental agency,
or by reason of any catastrophe, emergency, or unusual circumstance the
safety of said vehicle is imperiled; and
(7) When any vehicle is stopped or standing or parked in a manner
prohibited by Texas law or by this ordinance, or when any vehicle is
stopped or standing or parked in violation of any official sign or other
traffic-control device where said sign or device gives notice of a tow
away zone.
(E) Any vehicle which is towed or removed from any public street or
public place pursuant to this ordinance shall be released to the owner
thereof upon payment of all charges levied to the city by any private
wrecker company employed for such purpose and upon presentation of proof
of ownership of such vehicle by such individual. It shall be the
responsibility of any person whose vehicle is towed or removed from any
public street or public place to contact the Southlake Police Department
to determine the location oi such impounded or towed vehicle and the
charges which must be paid prior to the release of such vehicle.
Section (12): Special Parking for Disabled Persons. (A) The Chief
of'Police and persons who own or control property used for parking are
hereby authorized to designate one (1) or more parking spaces, parking
area, or parking areas for the exclusive use of vehicles transporting
temporarily or permanently disabled persons as those terms are defined
in Texas Revised Civil Statutes Annotated Article 6675a-5e.1 and
pursuant to said statute.
(B) The Chief of Police or other appropriate city official and
persons who own or control property used for parking shall designate the
space, spaces, or area by posting in a conspicuous place signs that
conform with the design and posting requirements of Section 5 of Article
6675a-5e.1, Texas Revised Civil Statutes Annotated, as follows:
(1) Nonmovable;
(2) permanently mounted on the top of a pole that sits at
least five (5) feet in height above the ground;
(3) Reflects a profile view of a wheelchair with an occupant
in white on a blue background;
(4) Size of sign shall be twelve (12) inches wide by eighteen
(18) inches high;
(5) Notice of penalty shall be set out in a separate sign
(twelve (12) inches wide by nine (9) inches high) located
immediately beneath the sign that depicts the wheelchair
with the following language stated on that sign:
Penalty
$50 to $200
(City Ordinance # 323)
(6) Parking space(s) shall be at ]east fourteen (14) feet wide
by twenty-one (21) feet long.
(3) Compliance with State Law. All requirements of Article 6675a-
5e.1, Texas Revised Civil Statutes Annotated are to be complied with by
the parties posting such signs relative to designation of parking spaces
for the disabled and the posting of same.
(4) Vehicles to Display Identification. Ail vehicles parking in
designated parking spaces shall display the identification issued by the
state department of highways and public transportation pursuant to Texas
Revised Civil Statutes Annotated Article 6675a-5e.1.
~5) Penalty-Parkin~ Violations. (A) A person commits an offense
if the person is neither temporarily nor permanently disabled nor
transporting a temporarily or permanently disabled person and parks a
vehicle with such special device or displaying a temporarily disabled
person identification card in any parking space or parking area
designated specifically for the diabled.
(B) A person commits an offense if the person parks a uehicle
neither displaying the special device nor displaying a temporarily
disabled person identification card in a parking space or parking area
designated specifically for the diabled.
(C) A person commits an offense if the person parks a vehicle
so that the vehicle blocks an access or curb ramp or any other
architectural improvement designed to aid the disabled.
(D) An offense under this section is punishable by a fine of
not less than Fifty dollars ($50.00) nor more than Two Hundred dollars
($200.00).
Section (13): Penalties, other than for Section Twelve. Except as
provided in section Twelve, above, any person violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in a sum not to exceed Two
Hundred dollars ($200.00), and a separate offense shall be deemed
committed upon each day during or on which a violation occurs.
Section (14): Posting of Signs Generally. The Chief of Police
shall, prior to the enforcement of any violation of Sections 4,10,11,
or 12 of this Ordinance prohibiting parking, post a sign which shall be
clearly visible to the driving public stating the proibition of parking
at the particular location where such parking is prohibited and setting
forth thereon any hours of limitation of parking or any other special
limitations for parking and stating, if applicable, that such area is a
Tow Away Zone. Such sign shall be of a size, color and type of print
and shall be erected at a height from the ground so as to comply with
all laws of the State of Texas and with all rules, regulations and
policies of the City of So~thlake. This section shall, however, be
interpreted to require nor is it in any way intended to require the
posting of a sign of any nature for any parking prohibited by Section 7
of this ordinance, including warning signs that a vehicle may be towed
away from any area set forth in Section 7.
Section (15): Authorized Emergency Vehicles Excepted. Authorized
emergency vehicles shall not be prohibited from parking any space or
location which would otherwise violate any provision of this ordinance
when such parking is incidental to and results from an emergency to
which such vehicle is responding.
Section (16): Should any section, subsection, clause or paragraph
of this ordinance be declared or determined to be invalid or
unconstitutional, then it is the intent of the City Council of the City
of Southlake, that such invalidity or unconstitutionality shall not
affect the remaining portion or portions of this ordinance, and such
remaining portion or portions of this ordinance would have been passed
and adopted notwithstanding the invalidity or unconstitutionality of the
other portion or portions.
Section (17): This ordinance shall be in addition to and not
cumulative of any other ordinances of the City of Southlake and this
ordinance shall not be intended to, and it shall not, repeal any such
prior ordinance or part thereof, except when any such prior ordinance or
part is in direct contradiction of any term or provision of this
ordinance, in which case this ordinance shall be deemed to control, and
the portion of the ordinance in contradiction which this ordinance shall
be deemed to have been repealed.
Section (18): Effective Date and Publication. This ordinance
shall be and become effective from and after its passage and publication
as required by law.
PASSED AND ADOPTED this 18 day of February, 1986, by a vote of
4 ayes, and __0 nays, and 0 abs~
hla~, Texa~
Att st:
-~Andy LeGrande
City Secretary
Approved as to form:
william H. Smith
City Attorney
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF
5OUTLAKE, TEXAS, THAT:
PASSLD AND APPROVED TIlIS TtiE 18~h DAY dF FEBRUARY, 1986.
ATT ST:
City of Southlake, Texas
RESOLUTION NO.90-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING THE ESTABLISHED AREA
IN WHICH MOTOR VEHICLES ARE PROHIBITED FROM PARKING
WITHIN THE CITY OF SOUTHLAKE, AS PROVIDED IN
ORDINANCE NO. 323. PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas,
deems it to be in the best interest of the citizens of the City
to have "No Parking" areas and "Tow Away Zones"; and,
WHEREAS, Ordinance No. 323 was approved by the City Council
on September 18, 1986, establishing criteria for "No Parking" and
"Tow Away Zones"; and,
WHEREAS, Resolution 86-17 was approved on February 18, 1986,
which provides a list of specific streets and specific locations
for off street parking; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1: That Resolution 86-17 remain in effect with the
following amendments:
NORTH WHITE CHAPEL BOULEVARD AT HIGHWAY 114:
From Highway 114 south of stop sign going south
929 feet on White Chapel Blvd, both sides of the
street.
RAVENAUX DRIVE AT INTERSECTION OF NORTH WHITE
CHAPEL BOULEVARD: From street sign at
intersection to 523 feet west on Ravenaux Drive,
both sides of the street.
Section 2: That this Resolution shall become effective upon
passage of the City Council.
CITY OF SOUTHLAKE, TEXAS
r
•
•
•
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Barbara Gull c:k Secretary for the Fort Worth
Star-Telegram, published by the Capital Cities Communications, Inc. at
Fort Worth, in Tarrant County, Texas; and who, after being duly sworn,
did depose and say that the following clipping of an advertisement was
89 published in the above named paper on the following dares:
------ ORDINANCE NO.323
AFebruary 26 , 1986 IN THE ARK1NGNCE OFMO-
ING THE PARKING OF MO-
TOR VEHICLES IN CERTAIN
AREA; ESTABLISHING
AREAS IN WHICH MOTOR
Northeast Extra VEHICLES ARE PROHIBIT-
ED FROM PARKING: ES-
How Orde TABLISHING A PROCE•
DURE FOR DETERMINING
AREAS IN THE FUTURE
WITHIN WHICH AREAS MO-
TOR VEHICLES WILL BE
Date Start PROHIBITED FROM PARK- .
ING: ESTABLISHINIG A
PROCEDURE FOR DETER-
MINING AREAS IN THE FU-
CIa55 NO. Signed TURE WITHIN WHICH
AREAS MOTOR VEHICLES
WILL BE PROHIBITED
FROM PARKING: PROVID-
Subscribed and sworn to before me, this the 2 6 ING FOR THE POSTING OF - •_�6
SIGNS IN AREAS WHERE /
MOTOR VEHICLES ARE
PROHIBITED FROM PAR K•�.
Notary Public ..ING.
Section: 12-5.Penalty-Parking Ti� as.
Violations. (a)A person corn-
mlts an offense in the person Is
Notary Expirat neither tempor nor ore-89
manently disabledled nor trans-
porting a temporarily or per-
manently disabled person and
parks a vehicle with such spe-
cial devlceor displaying a tem-
porarily disabiedperson Identi-
fication card In any parking
spaceorparkingareadeslgnet-
ed soecirfically for the dis-
abled.
(b) A person commits an of-
tense if the person parks a vehi-
cle neither displaying the spe- commits an of.
cial device nor displaying a sonparks a vehl.
temporarily disabled person vehicle blocks ar
Identification card Ina parking.b ramp or an
soaceorparkingareadesignat•aural Improve
edspecificallyforthedisabied. to aid the dls.
(c) A person commits an of-
fense if theperson parks a vehi- under this sec
cle so that the veh icle block s an blebyaflrteofnot
access or curb ramp or any.y dollars ($50.)
other architectural Improve-n Two Hundred
rnent designed to aid the dis->DI
abled. 'enallties, other
(d)An offense under this sec- on Twelve. Ex-
tionlspunlshablebyafineof not ided in section
less than Fifty dollars (s50.) any Per son vio-
nor more than Two Hundred provisions of
dollars(S200.00). shall be deemed
Section 13. Penallties, other sdemeanor and
than for Section Twelve. Ex- n thereof, shall
cent as provided In section fm not to exceed
Twelve,above any person vio- lollars(s200.pot,
lating any of the provisions of 'offense shall be
this oridnance shall bedeemed tilted upon each
guilty of a misdemeanor and onwhichaviola-
upon conviction thereof, shato
be fined in sum not to exceed ffective Date of
TwoHundreddollars(s200.00), This ordinance
and a separate offense shall be *come effective
deemed committed upon each .Its passage and
day during or on which a viola. requiredbylaw.
(Ion occurs. pproved this the
Section 18. Effective Date of tbruarv,1986.
Publication. This ordinance ,lord O.Latta Jr.
shall be and become effective Mayor
from and after Its passage and ATTEST,
publicationasreauiredbylaw. ndra L.LeGrand
Passed and approved this the City Secretary
18th day of February 1986. Approved as
/s/Lloyd O.Latta Jr. to Form:
Mayor William H.Smith
ATTEST:
/s/Sandra L.LeGrand
City Secretary
Approved as
to Form:
is/William H.Smith