(a) A person commits an offense if he operates a vehicle on a one-way
Transcription
(a) A person commits an offense if he operates a vehicle on a one-way
§ 28-60 SEC. 28-60. § 28-60 Motor Vehicles and Traffic DIRECTION ONE-WAY STREETS IN SCHOOL ZONES. (a) A person commits an offense if he operates a vehicle on a one-way street in a school traffic zone in a direction other than the direction indicated by the one-way sign during hours in which the one-way regulation is in effect as indicated on the sign. (b) The following streets or portions of streets are designated as one-way streets in school traffic zones when marked by the traffic engineer with conspicuous signs indicating the appropriate direction of travel and the hours during which the one-way regulation is in effect: DIRECTION Drury Drive Polk Street to Regatta Drive East Dunloe Drive From a point approximately 400 feet west of Joaquin Drive to Joaquin Drive East Edgeworth Drive 20'S. of Turnbow Drive to Rylie Crest Drive South Forrestal Drive Wyoming Street to Larkhill Drive North S. Franklin Street Gladstone Drive to Twelfth Street North Gayglen Drive Oklaunion Drive to Longbranch Lane East Gladstone Drive Hampton Road to Franklin Street West Goodwin Avenue Delmar Avenue to Matilda Street West Green Cove Lane Oak Trail to Lone Oak Drive Northeast Greendale Drive Bruton Road to Milverton Drive North Greenmeadow Drive Forestcliff Drive to John West Road South Greenmound Avenue Blanton Street to McKim Drive West Grigsby Street Bryan Street to Live Oak Street North Aberdeen Avenue Hillcrest Road to Thackery Street Alley (760 feet north of Goodman Street) Morocco Avenue toN. Justin Avenue Amity Lane Checota Drive to Cradlerock Drive Balboa Drive Edgefield Avenue to Berkley Avenue East East Balboa Drive to Clinton Avenue East Hawthorne Avenue Production Drive to Afton Street Berkley Avenue North Riverway Drive to Greenmound Avenue South Haymarket Road Zurich Drive to Turnbow Drive Blanton Street South Greenspan Avenue to Cherry Point Drive East Hazelhurst Lane Everglade Road to Hovenkamp Drive Brierfield Drive Healey Drive Waterview Road to Northcliff Drive South Shiloh Road to Casa Oaks Drive West Brookhurst Drive Thomas Avenue to Lafayette Street South Highfield Drive St. Augustine Drive to Aspen Street East Caddo Street Vandelia Street to Cedar Springs Road South Hillbrook Street Lake Circle Drive to Sondra Drive Carlson Street Hodde Street Woodmont Drive to Jim Miller Road East Classen Drive Northcliff Drive to North Lake Drive North Hoke Smith Drive Navajo Drive to Polk Street East Hollis Avenue LaVerne Avenue to Lawnview Avenue East Hopeful Vista Lane Lenosa Lane to Kleberg Road Hovenkamp Drive Hazelhurst Lane to Ashbrook Road West Juliette Fowler Street Reiger Avenue to Columbia Avenue North Junius Street Lowell Street to Ridgeway Street N.JustinAvenue The alley 760 feet north of Goodman Street to Goodman Street South Knight Street Congress Avenue to Dickason Avenue East West West North Columbia Avenue Glasgow Drive to Juliette Fowler Street West Cradlerock Drive Amity Lane to Cheyenne Road East Crenshaw Drive Grady Lane to Old Seagoville Road North Cummings Street Sunnyvale Street to Bonnie View Road Delmar Avenue Mockingbird Lane to Anita Street South Delmar Avenue Vanderbilt Avenue to Goodwin Avenue South Dennison Street Fish Trap Road toN. Hampton Road Dickason Avenue Knight Street to Throckmorton Street East North South East East South Dallas City Code 1/14 51 § 28-60 Motor Vehicles and Traffic STREET EXTENT Lancaster Avenue Seventh Street to Eighth Street Larkhill Drive Forrestal Drive to Knoxville Street East Lenosa Lane Belt Line Road to Carleta Drive Linnet Lane Tyree Street to Victoria Street Maryland Avenue Corning Avenue to McVey Avenue McKissick Lane Egyptian Drive to Algebra Drive Melba Street N. Llewellyn Avenue toN. Adams Avenue Melbourne Avenue DIRECTION § 28-60 STREET EXTENT Scottsboro Lane Grassy Ridge Trail to Marsalis Avenue West Silver Springs Drive Knoxville Street to Sage Valley Lane East West East Sprague Drive Boulder Drive to Westmoreland Road West Stichter Avenue Tibbs Street to Edgemere Road East Sunset Street Van Buren Avenue to Polk Street East East Taft Street Mary Cliff Road to Montclair Avenue East Clinton Avenue to Edgefield Avenue West Telegraph Avenue Claremont Drive to Rangeway Drive East Mercer Drive Mariposa Drive to Ash Creek Drive West Tennant Street Oak Cliff Boulevard to Jefferson Boulevard Military Parkway (North Service Road) Jim Miller Road to Wilkes Avenue West Tenth Street Oak Cliff Boulevard to Tennant Street West West Hillcrest Road to Thackery Street West Throckmorton Street Dickason Avenue to Congress Avenue Mimosa Lane Mixon Drive Clover Lane to Highgrove Drive South Tasca Lane Rugged Drive to Ovid Avenue West Montana Avenue Marsalis Avenue to Alaska Avenue West Towns Street Schroeder Road to Oberlin Drive West Montclair Avenue Taft Street to Ranier Street South Tyree Street Thedford Avenue to Linnet Lane North Morgan Drive Texoma Way to San Jose Avenue West Vanderbilt Avenue Hillbrook Street to Oakhurst Street West Morocco Avenue Goodman Street to the alley 760 feet north of Goodman Street North Vanderbilt Avenue Matilda Street to Delmar Avenue East South DIRECTION North South North Mouser Street Bonnie View Road to Signet Street East N. Adams Avenue toN. Llewellyn Avenue West Victoria Avenue Linnet Lane to Thedford Avenue W. Ninth Street Clymer Street to Tumalo Trail East Waterview Road Peavy Road to Brookhurst Drive Nomas Street OdomDrive Holcomb Road to Odeneal Street East Wayside Drive North Leg to the South Leg of Mesa Circle OuidaAvenue Schooldell Drive to Barnett Avenue East Winton Street Concho Street to Delmar Avenue West Paducah Avenue Denley Drive to Lancaster Road East Worth Street Ridgeway Street to Lowell Street West Palisade Drive Greendale Drive to Prairie Creek Road East Wyoming Street Knoxville Street to Forrestal Drive West Park Row Avenue Jeffries Street to Malcolm X Boulevard West Zurich Drive Edgeworth Drive to Haymarket Road West Philip Avenue Fitzhugh Avenue to Munger Avenue East Pomona Road Catawba Road to Cherokee Trail East Racine Drive Kirwood Drive to Cleardale Drive North (Ord. Nos. 14584; 18409; 19749; 21237; 21564; 22926; 23078;24492;25833;26500;27294;27700;28871;28940; 29071; 29246) Rangeway Drive Telegraph Avenue to El Cerrito Drive South Raydell Place Westmoreland Road to Barnett Avenue West Reiger Avenue Glasgow Drive to Paulus Avenue East Rosewood Avenue Lucas Drive to Arroyo Avenue South San Leandro Drive St. Francis Avenue to Lakeland Drive East South East North Dallas City Code 52 1/14 § 28-61 vehicle, or similar device, he goes upon any roadway except while crossing a street on a cross-walk, and when so crossing the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. (Ord. 14584) ARTICLE VIII. PEDESTRIANS' RIGHTS AND DUTIES. SEC. 28-61. DUTIES OF PEDESTRIANS WHILE ON SIDEWALKS. SEC. 28-63.1. (a) Pedestrians shall stand on sidewalks or islands while waiting for a bus. (b) Pedestrians, while waiting for a bus, shall stand on the side of a sidewalk either at or near the curb or the property line, in a manner which will not interfere with other pedestrians using the sidewalk. (c) A pedestrian, except one wholly or partially blind, shall accord full right-of-way on a sidewalk or in a crosswalk, to all persons carrying a cane or walking stick which is white or white with the lower end red. (Ord. 14584) SEC. 28-62. ENTERING OR ALIGHTING FROM VEHICLE; LOADING AND UNLOADING SO NOT TO INTERFERE WITH TRAFFIC. (a) A person shall not enter or alight from a vehicle on the side of the vehicle adjacent to lanes of moving traffic unless reasonably safe to do so and unless it will cause no interference with the movement of other traffic. (b) A person shall not load or unload goods or merchandise in or on a vehicle in a manner which will interfere with moving traffic, except where other provisions of this chapter apply. (c) A person commits an offense if he enters or alights from a vehicle while the vehicle is moving. (Ord. 14584) SEC. 28-63. § 28-63.2 Motor Vehicles and Traffic USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED. A person commits an offense if while upon roller skates, or riding in or by means of any coaster, toy PROHIBITING CROSSING IN CENTRAL BUSINESS DISTRICT OTHER THAN AT CROSSWALK. (a) A pedestrian commits an offense if, in the central business district, he crosses a roadway at a place other than a crosswalk. (b) For purposes of this section, central business district is defined in Section 28-56 of this chapter. (Ord. 15686) SEC. 28-63.2. DESIGNATION OF ONE-WAY PEDESTRIAN ZONES. (a) In this section: (1) CENTRAL BUSINESS DISTRICT is defined in Section 28-56 of this chapter. (2) ONE-WAY PEDESTRIAN ZONE means a sidewalk or other pedestrian walkway, or portion of a sidewalk or other pedestrian walkway, designated by the chief of police to be used for oneway pedestrian traffic. A sign or signs must be posted conspicuously within or at the entrance to a one-way pedestrian zone indicating the designated direction of travel in the zone. (b) The chief of police may, from time to time, temporarily designate one-way pedestrian zones within the central business district if he determines that, because of a certain condition or event, the oneway designation is in the interest of the public order and safety. (c) A person commits an offense if he walks in a one-way pedestrian zone in a direction other than the designated direction of travel after he was ordered by a police officer to walk in the direction of travel designated for the zone. (Ord. 18891) Dallas City Code 9/13 53 § 28-63.3 Motor Vehicles and Traffic SEC. 28-63.3. SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC ROADWAYS PROHIBITED. (a) In this section: § 28-64 solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place. (c) It is a defense to prosecution under Subsection (b) that the person was: (1) GOODS means property of every kind. (1) summoning aid or requesting assistance in an emergency situation; or (2) PUBLIC PROPERTY means: (A) any property open or devoted to public use or owned by the city; and (2) a law enforcement officer in the performance of official duties. (B) any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way. (d) In addition to any enforcement action by a peace officer for a violation of this section, any person who is a victim of a solicitation prohibited under Subsection (b), or who witnesses a violation of Subsection (b), may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence. (Ord. 25213) (3) ROADWAY has the meaning given that term in Chapter 541, Texas Transportation Code. (4) SERVICES means any work done for the benefit of another person. (5) SOLICITATION means any conduct or act whereby a person: ARTICLE IX. SIZE AND WEIGHT OF VEHICLES. (A) either orally or in writing, asks for a ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; (B) either orally or in writing, sells or offers for sale goods, services, or publications; (C) distributes without remuneration goods, services, or publications; or (D) solicits signatures on a petition or opinions for a survey. (6) VEHICLE has the meaning given that term in Chapter 541, Texas Transportation Code. (b) A person commits an offense if, while occupying any public property adjacent to any public roadway in the city, he knowingly conducts a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway. An offense occurs when the SEC. 28-64. WEIGHT OF LOAD ON ENUMERATED BRIDGES, PER AXLE. (a) A person commits an offense if he operates a motor vehicle, truck-tractor, trailer or semitrailer, or a combination of such vehicles over or upon the bridges designated below, when the motor vehicle, truck-tractor, trailer or semitrailer, or combination of such vehicles has an actual load in excess of 5000 pounds per axle: Custer Street 260 feet east of Easter Avenue Dickerson Street 250 feet south of Hidden Creek J. J. Lemmon Road 800 feet south of Cedardale Road Parkdale Street 1400 feet northeast of James Street Simpson Stuart Road 470 feet west of Locust Drive Wagon Wheels Trail440 feet northwest of Lancaster Road Dallas City Code 54 9/13 § 28-64 Motor Vehicles and Traffic (b) A person commits an offense if he operates a motor vehicle, truck-tractor, trailer, or semitrailer, or combination of such vehicles, over or upon the bridges designated below when the motor vehicle, truck-tractor, trailer, or semitrailer, or combination of such vehicles has an actual load in excess of 3000 pounds per axle: SEC. 28-66. § 28-69 CIVIL LIABILITY FOR VIOLATION OF ARTICLE. A person violating any provision of this article shall be civilly liable to the city for damages to any street, highway, park road, or bridge located within the city, resulting from such violation. (Ord. 14584) Glenda Lane 200 feet east of Ables Drive (c) A police officer, having reason to believe that the axle load or gross weight of a loaded vehicle is unlawful, is authorized to weigh the vehicle by means of portable or stationary scales, or cause it to be weighed by a public weigher, and to require that the vehicle be driven to the nearest available scales for the purpose of weighing. If the axle load or gross weight of a vehicle exceeds the axle load or maximum gross weight authorized by this article or state law, the police officer shall demand and require the operator or owner of the vehicle to unload that portion of the load necessary to decrease the axle load or gross weight of the vehicle to the maximum axle load or gross weight authorized by law; provided, however, that if the load consists of livestock, perishable merchandise, or merchandise that may be damaged or destroyed by the weather, then the operator shall be permitted to proceed to the nearest practical unloading point before discharging the excess cargo. (Ord. Nos. 14584; 19749) SEC. 28-65. SEC. 28-67. The traffic engineer shall post appropriate warning signs on the right-hand side of the street, roadway, highway, or parkway leading to the entrance of each of the bridges designated in this article. These signs shall contain a warning of the maximum load limit for the designated bridge. (Ord. 14584) SEC. 28-68. ROUTES FOR OVER-SIZE EQUIPMENT; DAMAGE CAUSED BY OVER-SIZE EQUIPMENT. Pursuant to Article 6701a, Vernon's Texas Civil Statutes, all state or federal highways within the city are designated as routes for over-size equipment; provided, that any person damaging a state or federal highway within the city shall be civilly liable to the city for the damages. (Ord. 14584) VEHICLES CARRYING GREATER LOADS THAN AS REQUIRED BY SECTION 28-64. Motor vehicles carrying greater loads than permitted by Section 28-64, and within the maximum limits as provided by Article 6701d-11, Vernon's Texas Civil Statutes, may travel over streets, highways, roadways, and bridges designated as state or federal highways, or bus or truck routes, as designated by the federal government and the highway department of the state or by city ordinance; provided, that an oversized motor vehicle shall not travel or move over any street, state or federal highway, roadway, bridge, or park road where the city has an ordinance prohibiting such travel. (Ord. 14584) SIGNS WARNING OF MAXIMUM LOAD LIMIT ON BRIDGES. ARTICLE X. TRUCK ROUTES. SEC. 28-69. OPERATION WITHIN CENTRAL BUSINESS DISTRICT; BOUNDARIES OF CENTRAL BUSINESS DISTRICT DEFINED. A person commits an offense if he drives or operates a transit-mix truck, truck tractor, semitrailer, pole trailer, or trailer upon a street within the central business district, except for expeditious delivery or pickup of material within the business district. For the purpose of this article Dallas City Code 9/13 54A § 28-69 Motor Vehicles and Traffic § 28-69 the boundary of the central business district is that area and those streets being bounded by the following streets: [Text of§ 28-69 continues on p. 55] Dallas City Code 54B 9/13 § 28-69 Motor Vehicles and Traffic § 28-71 Young Street from Market Street to Harwood Street; STREET EXTENT Harwood Street from Young Street to Canton Street; Canton Street Exposition Avenue to R. L. Thornton Freeway Cedar Crest Boulevard Martin Luther King Jr. Boulevard to Kiest Boulevard Cedar Springs Road Field Central Expressway (north) Ross Avenue to the north city limits Central Expressway (south) Canton Street to the south city limits Central Expressway (Service Roads) Ross C. F. Hawn Freeway All portions within the city limits Clarendon Drive Zang Boulevard to Corinth Street Commerce Street Lamar Street to the Trinity River Commerce Street Good-Latimer Expressway to Parry Avenue Continental Avenue Beckley Avenue to Stemmons Freeway (East Service Road) Corinth Street Industrial Boulevard Expressway Corinth Street Industrial Boulevard to Lancaster Road Crosstown Expressway Haskell Dallas-Ft. Worth Turnpike All portions within the city limits Davis Street Patton Avenue to the west city limits Dolphin Road Spring Avenue to R. L. Thornton Freeway East Grand Avenue Haskell Avenue to Gaston Avenue Easton Road Garland Road to Gus Thomasson Road Eighth Street R. L. Thornton Freeway to Patton Avenue Elm Street Good-Latimer Expressway to Exposition Avenue Empire Central Harry Hines Boulevard to Stemmons Freeway Exposition Avenue Commerce Street to Parry Avenue Exposition Avenue Elm Ferguson Road R. L. Thornton Freeway to Lyndon B. Johnson Freeway Field Street Ross Avenue to Cedar Springs Road First Avenue Parry Avenue to Exposition Avenue Fort Worth Avenue West Commerce Street to Davis Street Garland Road Gaston Avenue to the northeast city limits Canton Street from Harwood Street to Good-Latimer Expressway; Good-Latimer Expressway from Canton Street to Ross Avenue; Ross Avenue from Good-Latimer Expressway to Lamar Street; Street to McKinnon Street Lamar Street from Ross Avenue to Pacific Avenue; Pacific Avenue from Lamar Street to Market Street; and Market Street from Pacific Avenue to Young Street; except for the Central Expressway (Elevated Bypass) included within these boundaries. (Ord. 14584) SEC. 28-70. OPERATION IN PUBLIC PARKS. A person commits an offense if he drives or operates a truck tractor, semitrailer, pole trailer, or trailer upon any street running in and through the various public parks within the city, except when making deliveries in the park. (Ord. Nos. 14584; 21186) SEC. 28-71. DESIGNATED FOR TRAILERS, SEMITRAILERS OR POLE TRAILERS. ( a ) A person commits an offense if he operates a truck tractor, semitrailer, pole trailer, or trailer upon a street or roadway within the city, except those truck routes enumerated below: STREET EXTENT Airdrome Drive Mockingbird Lane to Lemmon Avenue Akard Street Ross Avenue to Harry Hines Boulevard Alamo Street Cedar Springs Road to Wichita Street Bachman Boulevard Harry Hines Boulevard to Northwest Highway Barry Avenue Crosstown Expressway to R. L. Thornton Freeway Beckley Avenue Singleton Boulevard to Overton Road Belt Line Road From the west city limits east of Noel Road to the east city limits at Coit Road Buckner Boulevard C. F. Hawn Freeway to Northwest Highway Cadiz Street Industrial Boulevard Expressway to Central Avenue to Avenue Street to to Bryan to Barry Parry Street Central Avenue Avenue Dallas City Code 4/03 55 § 28-71 STREET Motor Vehicles and Traffic § 28-71 EXTENT STREET EXTENT Good-Latimer Expressway Bryan Street to Central Expressway (south) Martin Luther King Jr. Boulevard Second Avenue to Cedar Crest Boulevard Grand Avenue Lamar Marvin D. Love Freeway All portions within the city limits Greenville Avenue Ross Avenue to the north city limits McKinney Avenue Lamar Gus Thomasson Road Easton Road to the city limits of Mesquite, Texas McKinnon Street Cedar Springs Road to Harry Hines Boulevard at Dallas North Tollway Military Parkway Dolphin Road to the east city limits Mockingbird Lane Lemmon Avenue to Irving Boulevard Mockingbird Lane Central Expressway (north) to Skillman Street Moody Street Wichita Street to McKinnon Street Northwest Highway All portions within the city limits Oak Lawn Avenue Market Center Boulevard to Lemmon Avenue Street to Second Avenue Hampton Road Inwood Road to the south city limits Harry Hines Boulevard Akard Street to the north city limits Harwood Street Canton Haskell Avenue Street to Field Street Street to Young Street Parry Avenue to Dolphin Road Hatcher Street Lamar Street Houston Street Young Houston Street Viaduct Young Olive Street Ross Avenue to Cedar Springs Road Illinois Avenue Central Expressway (south) to Walton Walker Boulevard Parry Avenue Second Avenue to Haskell Avenue Industrial Boulevard Irving Boulevard to Corinth Street Pearl Street Ross Avenue to Cedar Springs Road Pearl Expressway Canton Street to Central Expressway Inwood Road Hampton Road to Lemmon Avenue Irving Boulevard Industrial Boulevard to the west city limits Record Crossing Road Stemmons Freeway to Harry Hines Boulevard John W. Carpenter Freeway All portions within the city limits R. L. Thornton Freeway All portions within the city limits Julius Schepps Freeway All portions within the city limits R. L. Thornton Freeway (North Service Road) Akard Julius Schepps Freeway (Service Roads) All portions within the city limits Ross Avenue Houston Street to Greenville Avenue Samuell Boulevard Kiest Boulevard Cedar Crest Boulevard to Illinois Avenue R. L. Thornton Freeway to East Grand Avenue Lamar Street Continental Street to Central Expressway (south) Scyene Road Second Avenue to the east city limits Second Avenue Commerce Street to C.F. Hawn Freeway Lancaster Road Corinth Street Road to the south city limits Ledbetter Drive Walton Walker Boulevard to Loop 12 Singleton Boulevard Beckley Avenue to Walton Walker Boulevard Lemmon Avenue Central Expressway (north) to Northwest Highway Skillman Street Mockingbird Stemmons Freeway All portions within the city limits Lemmon Avenue East Lemmon Avenue to Turtle Creek Boulevard Loop 12 Ledbetter Drive to Buckner Boulevard Spur 482 (Storey Lane) West city Boulevard Lovers Lane Central Expressway (north) to Skillman Street Walnut Hill Lane Harry Hines Boulevard to Stemmons Freeway Lyndon B. Johnson Freeway All portions within the city limits Walton Walker Boulevard Ledbetter Drive to the south city limits of Irving, Texas Market Center Boulevard Harry Hines Boulevard Market Street Ross Street Street Avenue to to to Spring Avenue Ross Avenue Zang Boulevard to Boulevard Street to Lane limits Lamar to to Forest Harry Street Lane Hines to Irving Walton Walker Boulevard The north city limits of Irving, Texas to Stemmons Freeway Young Street Westmoreland Road Ledbetter Drive to Camp Wisdom Road Dallas City Code 56 4/03 § 28-71 Woodall Rodgers Freeway (Service Roads) Central Expressway to Field Street Young Street Harwood Street to Houston Street Zang Boulevard Houston Street Viaduct to Marvin D. Love Freeway issued by the building official under Subchapter 62 of the Dallas Building Code; and (2) had specific written authorization from the building official to use that portion of the street or roadway while moving the structure. (Ord. (b) It is a defense to prosecution under Subsection (a) that the person: ~os. (1} was moving a structure on a street or roadway or portion of a street or roadway, other than a designated truck route, pursuant to a valid permit issued by the building official under Subchapter 62 of the Dallas Building Code; and SEC. 28-73. (2) had specific written authorization from the building official to use that portion of the street or roadway while moving the structure. (Ord. ~OS. 14584;15194;15699;16986;17063;18484;19749) SEC. 28-72. § 28-76 Motor Vehicles and Traffic DEPARTURE FROM DESIGNATED ROUTES; HOURS ON RESIDENTIAL STREETS. (a) The operator of a semitrailer, pole trailer, or trailer restricted to the streets designated as "truck routes" by this article may depart from the truck routes when it is necessary to reach a truck terminal or to load or unload merchandise at locations situated off designated truck routes. The operator of a trailer, semitrailer, or pole trailer shall not leave a designated truck route until he has reached a turning off point leading to the ultimate destination of the vehicle by the shortest practical route which is consistent with the reasonable operation of the vehicle. (b) A person operating a semitrailer, pole trailer, or trailer commits an offense if, between the hours of 10:00 p.m. and 6:00 a.m. on any day, he leaves a designated truck route and operates the semitrailer, pole trailer, or trailer on a street that is adjacent to single-family or duplex residential dwellings. 14584; 17792; 19749) SAME-JUSTIFICATION OF DEPARTURE. A person operating a semitrailer, pole trailer, or trailer upon a street or roadway which is not designated a truck route by this article, shall have in his possession for the inspection of police officers, his log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of the vehicle on a street or roadway other than a designated truck route. (Ord. 14584) SEC. 28-74. SIGNS. The traffic engineer shall erect appropriate signs and markings advising motorists of the truck routes established by this article. (Ord. ~os. 14584; 19749) SEC. 28-75. ALTERNATE ROUTES. When a street or roadway designated as a truck route is ·under repair or otherwise temporarily out of use, the traffic engineer is authorized to designate alternate truck routes. (Ord. 14584) ARTICLE XI. STOPPING, STANDING, AND PARKING GENERALLY. Division 1. Generally. (c) It is a defense to prosecution under Subsection (b) that the person: SEC. 28-76. (1) was moving a structure on a street or roadway or portion of a street or roadway, other than a designated truck route, pursuant to a valid permit A person commits an offense, if as the operator of a vehicle, he parks, stops, or stands the vehicle in violation of an official sign, curb marking, or street OBEDIENCE TO SIGNS. Dallas City Code 4/10 57 § 28-76 Motor Vehicles and Traffic marking prohibiting, regulating, or restricting the parking, stopping, or standing of a vehicle. (Ord. 14584) SEC. 28-76.1. UNATrENDED VEHICLES PRESUMED LEFT BY OWNER. (a) When a vehicle is found unattended or unoccupied upon a street, highway, alley, or other place in violation of any provision of this chapter regulating the stopping, standing, or parking of vehicles, it shall be presumed that the owner unlawfully stopped, stood, or parked the vehicle. SEC. 28-76.4. § 28-76.4 PARKING DEFENSES FOR CITY COUNCIL MEMBERS AND LAW ENFORCEMENT OFFICERS. (a) City council members. It is a defense to prosecution under Sections 28-106,28-107,28-108, and 28-109 of this chapter that a vehicle in violation of any of those sections: (1) was stopped, stood, or parking by a city council member of the city of Dallas while on official city business; and (2) had city council parking authorization, in a form approved by the chief of police, placed so as to be clearly visible from the front windshield of the vehicle. (b) Proof of ownership of a vehicle may be made by a computer-generated record of the registration of the vehicle with the State Department of Highways and Public Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. 20012) (1) It is a defense to prosecution under any provision of this chapter or Chapter 32 governing the stopping, standing, or parking of a vehicle that the vehicle was: SEC. 28-76.2. (A) owned or operated by a law enforcement agency; and ILLEGALLY STOPPED VEHICLES; MAY BE REQUIRED TO MOVE. (b) Law enforcement officers. (B) stopped, stood, or parked by a sworn law enforcement officer while responding to an emergency situation in the performance of official duties. When a police officer or traffic and parking controller finds a vehicle standing upon a street or highway in violation of a provision of this article, the police officer or traffic and parking controller is authorized to move the vehicle, or to require the driver or other person in charge of the vehicle to move the vehicle, to a location off the paved or main part of the street or highway. (Ord. 20012) (2) It is a defense to prosecution under Sections 28-76, 28-94, 28-95, 28-96, 28-106, 28-107, 28-108, and 28-109 of this chapter that a vehicle in violation of any of those sections was: SEC. 28-76.3. (A) owned or operated by a law enforcement agency; and PARKING BAN. A person commits an offense if, during a parking ban, he stops, stands, or parks a vehicle along a curb of a street posted conspicuously with signs indicating the parking ban. (Ord. 20012) (B) stopped, stood, or parked by a sworn law enforcement officer while actively engaged in the enforcement of a specific city, state, or federal law, such law to be disclosed by the law enforcement officer. (Ord. Nos. 20168; 21612; 22026; 27697) Dallas City Code 58 4/10 § 28-76.5 SEC. 28-76.5. Motor Vehicles and Traffic UNATTENDED MOTOR VEHICLES. SEC. 28-80. A person commits an offense if he stops, stands, or parks a motor vehicle and leaves it unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake on the vehicle, and, when standing upon any grade, turning the front wheels to the curb or side of the highway. (Ord. 20269) SEC. 28-77. UNAUTHORIZED RESERVING OF PARKING SPACES. (a) On street for adjoining property owners and customers. A person commits an offense if without lawful authority, he places, maintains, or displays upon or in view of a public sidewalk, curb, or street, a sign, signal, marking, or device which indicates reserved parking space for adjoining owners or for customers of the adjoining owners upon the street or in areas recessed from the street which require use of the street for maneuvering. (b) Verbal statement or gesture. A person commits an offense if without lawful authority, he attempts to reserve a parking space upon a street for an adjoining owner by statement or gesture. (Ord. Nos. 14584;15194) SEC. 28-78. ANIMAL-ORA WN WAGONS, PUSHCARTS OR BICYCLES. A person commits an offense if he stops, stands, or parks in a public street, sidewalk, or alley, an animal-drawn wagon, pushcart, bicycle, tricycle, or unicycle, except where allowed by other provisions of this code. (Ord. 14584) SEC. 28-79. VEHICLE TO BE PARKED WITHIN LIMIT LINES. The driver of a vehicle who parks the vehicle on a street upon which parking spaces are delineated by limit lines, shall park the entire vehicle within the limit lines marked on the curb or street designating the parking stall. (Ord. 14584) § 28-81 PARKING OF COMMERCIAL VEHICLES. A person commits an offense if he stops, parks, or stands a truck-tractor, road tractor, trailer, semitrailer, pole trailer, bus, or any commercial motor vehicle upon a public street, alley, parkway, boulevard, or public place. This section shall not apply to street construction, maintenance, and repair equipment; trucks, equipment, trailers, and vehicles used by public service utility companies engaged in repairing or extending public service utilities; motor busses when taking on or discharging passengers at customary bus stops; other vehicles when actually parked at a designated loading zone, or where it is lawful to park a commercial motor vehicle for the purpose of accepting or delivering transportable goods; or a vehicle with a mechanical defect, making it unsafe to proceed further, in which event, it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs. (Ord. 14584) SEC. 28-81. PARKING OF VEHICLES WITH CAPACITY OF MORE THAN ONE AND ONE-HALF TONS IN CERTAIN DISTRICTS. (a) A person commits an offense if he stops, parks, or stands a truck-tractor, road tractor, semitrailer, bus, trailer, or truck with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon property within a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading or unloading passengers, freight, or merchandise. (b) A person commits an offense if he stops, parks, or stands a motor home, house trailer, or recreational vehicle with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon any public rightof-way abutting a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading or unloading passengers or property. (c) In this section, RESIDENTIAL AREA means any block face containing a single family, duplex, or multi-family dwelling. (Ord. Nos. 14584; 19455; 20269) Dallas City Code 4/10 59 § 28-81.1 § 28-82 Motor Vehicles and Traffic SEC. 28-81.1. STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES. (C) within 20 feet of a crosswalk at an intersection; (a) Except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer, a traffic and parking controller, or an official traffic-control device, a person commits an offense if he: (1) stops, stands, or parks a vehicle: (A) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (D) within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of -a roadway; (E) when properly posted with signs, within 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 75 feet of the entrance; (F) in violation of prohibiting the standing of vehicles; or a sign (B) on a sidewalk; (G) in a fire lane. (C) within an intersection; (b) A person commits an offense if he moves a vehicle not lawfully under his control: (D) on a crosswalk; (E) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; (F) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (G) upon any bridge or other elevated structure upon a highway or within a highway tunnel; (1) an unlawful distance away from a (2) into any area prohibited by this curb; or section. (c) Notwithstanding Subsection (a)(1)(B), a person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. (Ord. Nos. 20012; 20269) Division 2. Prohibited in Specified Places. (H) on any railroad track; (I) on the roadway of any street, when the vehicle constitutes a hazard to itself or to persons or other vehicles; or (J) in violation of prohibiting the stopping of vehicles; or (2) a PARKING NEAR RAILROAD TRACKS; PROHIBITED GENERALLY; PERMITTED FOR LOADING. sign stands or parks a vehicle: (A) in front of a public or private driveway; (B) within 15 feet of a fire hydrant; SEC. 28-82. (a) A person commits an offense if he parks a vehicle, whether occupied or not, within 50 feet of the nearest rail of a railroad crossing, except when temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (b) A person commits an offense if he stops, parks, or stands a vehicle, at a location other than a Dallas City Code 60 4/10 § 28-82 Motor Vehicles and Traffic railroad crossing, so that any portion of the vehicle is closer than six feet to the nearest rail of the track of a railroad company. This subsection does not apply to the parking or standing of vehicles for the purpose of loading or unloading passengers, freight, or merchandise to or from a railroad car or building adjoining the track. (Ord. Nos. 14584; 20012) SEC. 28-83. ( B ) an unobstructed width of the highway opposite a standing vehicle is left for the free passage of other vehicles; and (C) a clear view of the stopped vehicle is available from a distance of 200 feet in each direction upon the highway. (c) Subsection (b) does not apply to a vehicle that develops a mechanical defect making it impossible or unsafe to proceed further, and in this case it is lawful to stop, park, or stand the vehicle for the time necessary to make emergency repairs. (Ord. Nos. 14584; 20012) RESERVED. (Repealed by Ord. 20012) SEC. 28-84. PARKING FOR MORE THAN 24 HOURS PROHIBITED. SEC. 28-86. A person commits an offense if he leaves standing or parked in a public street, alley, or other public place, an unattended vehicle or other private property for a continuous period of time longer than 24 hours. (Ord. 14584) SEC. 28-85. PARKING FOR CERTAIN PURPOSES AND PARKING ON HIGHWAYS AND PARKWAYS PROHIBITED. ( a ) A person commits an offense if he parks a vehicle upon a street or highway for the purpose of: (1) PARKING BY PARKING LOT OWNERS. A person commits an offense if as the owner or attendant of a parking lot, who receives a fee for parking or storing a vehicle, he parks a vehicle within a metered or unmetered parking zone, sidewalk, parkway space, or on the streets or highways of the city. (Ord. 14584) SEC. 28-87. PARKING IN ALLEYS. ( a ) A person commits an offense if he parks or stands a passenger car or light truck in an alley so that any portion of the vehicle: displaying the vehicle for sale; or (1) (2) washing, greasing, or repairing the vehicle, except when repairs are necessitated by an emergency. (b) A person commits an offense if he stops, parks, or stands a vehicle, whether attended or unattended: (1) § 28-88 (2) than 10 feet. obstructs a driveway; or limits the width of the alley to less (b) This section does not apply to a vehicle when it is used for construction, maintenance, or repair work in an alley or when it has a defect which immobilizes the vehicle. (Ord. Nos. 14818; 15455) on a parkway; or (2) upon the main-traveled part of a highway outside of a business or residence district unless: SEC. 28-88. (A) it is not practicable to stop, park, or stand the vehicle off that part of the highway; ( a ) If a highway includes one or more separate roadways, and traffic is restricted to one direction on one or more of the separate roadways, a STANDING OR PARKING ON ONE-WAY AND TWO-WAY ROADWAYS. Dallas City Code 61 § 28-88 Motor Vehicles and Traffic person commits an offense if he stops, stands, or parks a vehicle: (1) upon the left-hand side of the oneway roadway, unless signs are erected to permit such stopping, standing, or parking; § 28-95 meter holidays, unless signs or markings specify other effective hours and days. Passenger loading zones shall be effective at all times. If the zone lies within a section of curb designated for parking ban purposes, the loading zone shall not be effective during the time when the parking ban is in effect. (Ord. Nos. 14584; 17413; 20269) (2) with the left-hand wheels of the vehicle more than 18 inches from the left-hand curb or edge of the roadway, if stopping, standing, or parking is permitted on the left-hand side of the oneway roadway; SEC. 28-90. (3) with the right-hand wheels of the vehicle more than 18 inches from the right-hand curb or edge of the roadway; or SEC. 28-91. RESERVED. (Repealed by Ordinance No. 17413) RESERVED. (Repealed by Ordinance No. 17413) (4) in a direction other than the direction of authorized traffic movement. SEC. 28-92. (b) A person commits an offense if he stops, stands, or parks a vehicle upon a two-way roadway: (1) roadway; or (Repealed by Ordinance No. 17413) on the left-hand side of the SEC. 28-93. (2) with the right-hand wheels of the vehicle more than 18 inches from the right-hand curb or edge of the roadway. (Ord. Nos. 14584; 20012; 20269) SEC. 28-94. CURB LOADING ZONES AUTHORITY TO DESIGNATE; TIMES OPERATIVE. ( a ) The traffic engineer, on the basis of engineering and traffic surveys, is authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating these locations. A loading zone shall be designated by upright signs or painted curb markings of a distinctive color imprinted with the words "Loading Zone" or "Passenger Loading Zone". (b) Freight loading zones shall be effective between 6:00 a.m. and 6:00 p.m., except Sundays and USE OF PASSENGER CURB LOADING ZONES. A person commits an offense if he stops, stands, or parks a vehicle for any purpose other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zones are in effect. In no event may a person stop, stand, or park a vehicle in a passenger loading zone longer than the period of time allowed by the sign or marking designating the loading zone. (Ord. Nos. 14584; 21194) SEC. 28-95. USE OF FREIGHT CURB LOADING ZONES BY COMMERCIAL VEHICLES. A person commits an offense if he stops, stands, or parks a commercial vehicle for any purpose other Dallas City Code 62 SAME - USE NOT EXCLUSIVE. Loading zones shall be available to anyone who may have loading or unloading in the immediate vicinity. (Ord. 14584) Division 3. Stopping for Loading or Unloading Only. SEC. 28-89. RESERVED. § 28-95 Motor Vehicles and Traffic than for the expeditious unloading or loading of materials in any place marked as a loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stopping for loading and unloading of materials exceed 30 minutes, except on written permission from the chief of police or the director and then only for a period necessary to complete one undertaking. (Ord. Nos. 14584; 17413; 20269; 21194) SEC. 28-96. USE OF FREIGHT CURB LOADING ZONES BY NONCOMMERCIAL VEHICLES. (a) A person commits an offense if he stops, stands, or parks a vehicle other than a commercial vehicle in a freight curb loading zone. (b) It is a defense to prosecution under Subsection (a) that: (1) the applicant; § 28-96.1 the name, address, and signature of (2) the name and address of the commercial enterprise for which the vehicle is operated; (3) the state license plate number of each vehicle to be permitted; and (4) any other information the director determines necessary to the administration and enforcement of this section. (b) The holder of an annual loading zone permit for a vehicle may apply for a temporary loading zone permit for another vehicle by submitting a completed written application to the director on a form provided for that purpose. (1) materials were being expeditiously unloaded from or loaded into the vehicle; and (c) Before any loading zone permit may be issued for a vehicle pursuant to this section, all outstanding parking citations issued by the city on the vehicle must be paid or otherwise resolved. (2) a valid loading zone permit issued under Section 28-96.1 was conspicuously displayed on the vehicle, in a manner and location approved by the director, such that all information on the face of the permit, including, but not limited to, the permit number and expiration date, could be easily read from outside the vehicle. (d) The fee for an annual loading zone permit is $50 for each vehicle. The fee for a temporary loading zone permit is $12.50 for each vehicle. The fee for issuing a duplicate annual loading zone permit for one lost, destroyed, or mutilated is $25. A permit fee is payable to the director upon issuance of the permit. No refund of a permit fee will be made. (c) In no case shall the stopping for loading and unloading of materials exceed 30 minutes, except on written permission from the chief of police or the director and then only for a period necessary to complete one undertaking. (Ord. Nos. 14584; 17413; 20269; 21194) (e) An annual loading zone permit expires one year from the last day of the month in which the permit was issued. SEC. 28-96.1. (f) A temporary loading zone permit expires 15 days after the date of issuance. (g) Any loading zone permit assigned to one vehicle is not transferable. LOADING ZONE PERMITAPPLICATION; FEE; EXPIRATION; TRANSFERABILITY. (h) (a) To obtain an annual loading zone permit for a vehicle other than a commercial vehicle, a person must submit a completed written application to the director on a form provided for that purpose. The application must include the following information: A person commits an offense if he: (1) forges, alters, or counterfeits an annual or temporary loading zone permit; or (2) possesses a forged, altered, or counterfeited annual or temporary loading zone permit. (Ord. Nos. 20269; 20736; 21194; 21819; 27553) Dallas City Code 9/09 63 § 28-97 SEC. 28-97. Motor Vehicles and Traffic VEHICLES BACKED TO CURB FOR LOADING. The driver of a vehicle used to transport merchandise or materials may load and unload while the vehicle is backed against the curb, in areas and at times designated by the chief of police so long as it does not seriously interfere with the flow of traffic. (Ord. 14584) (b) While using a taxicab stand, a driver shall not go beyond 25 feet of the taxicab except to assist a passenger as reasonably necessary after being engaged. A taxicab left unattended in violation of this subsection is illegally parked and may be removed from the taxicab stand and impounded as provided in Section 28-4 of this chapter. (Ord. Nos. 14584; 20269) SEC. 28-101. SEC. 28-98. POSITION OF VEHICLES BACKED TO CURB FOR LOADING, ETC. When a vehicle having six or more wheels is backed to the curb for the purpose of unloading or loading, the front or tractor portion shall, to the extent physically possible, be turned parallel to the curb and headed in the direction of traffic. (Ord. 14584) SEC. 28-99. § 28-103 RESTRICTED USE OF BUS STOPS AND TAXICAB STANDS. A person commits an offense if he stops, stands, or parks a vehicle other than a bus in a bus stop zone or other than a taxicab in a taxicab stand when the stop zone or stand has been appropriately designated by signs, except that the driver of a passenger vehicle may temporarily stop therein while actually engaged in loading or unloading passengers when stopping does not interfere with a bus or taxicab about to enter the zone. (Ord. 14584) AUTHORITY TO DESIGNATE PUBLIC CARRIER STANDS. SEC. 28-102. The traffic engineer, based upon engineering and traffic surveys, is authorized and required to establish bus stops, taxicab stands, and stands for other passenger common carrier motor vehicles on the public streets in such places as he determines to be of the greatest benefit and convenience to the public, and every bus stop, taxicab stand, or other stand shall be designated by appropriate signs. (Ord. 14584) STOPPING OF BUSSES WITHIN INTERSECTION OR CROSSWALK. The operator of a bus shall not stop within an intersection or crosswalk for the purpose of receiving or discharging passengers. (Ord. 14584) Division 4. Parking Meters. SEC. 28-100. PARKING OF BUSSES AND TAXICABS REGULATED. SEC. 28-103. (a) The operator of a bus or taxicab shall not stop, stand, or park upon a street in a business district at any place other than at a bus stop or a taxicab stand, respectively; except that this provision shall not prevent the driver of a bus or taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of loading or unloading passengers. AUTHORITY TO INSTALL METERS; WHERE INSTALLED. (a) The traffic engineer is authorized to install parking meters only in the following metered parking areas: METERED PARKING AREA Baylor BOUNDARIFS Gaston Avenue to Washington Avenue to Swiss Avenue on the north; Haskell Avenue on the east; Elm Street to Hall Street to Indiana Boulevard on the south; and Oakland Avenue to Junius Street to Oak Street on the west. Dallas City Code 64 9/09 § 28-103 METERED PARKING AREA Central Business District (includes West End Historical District and Klyde Warren Park) DeepE!lum Motor Vehicles and Traffic BOUNDARIES Woodall Rodgers Freeway on the north; Julius Schepps Freeway on the east; R. L. Thornton Freeway on the south; and Stemmons Freeway on the west. (West End is bounded by Woodall Rodgers Freeway on the north; Field Street on the east; Elm Street on the south; and Stemmons Freeway on the west.) (Klyde Warren Park is bounded by the Woodall Rodgers Freeway westbound service road on the north; Pearl Street on the east; the Woodall Rodgers Freeway eastbound service road on the south; and St. Paul Street on the west.) Indiana Boulevard on the north; Exposition Avenue on the east; Canton Street on the south; and Good-Latimer Expressway on the west. Infomart Stemmons Freeway north service road on the north; Oak Lawn Avenue on the east; Stemmons Freeway south service road on the south; and Market Center Boulevard on the west. Jefferson Sunset Avenue on the north; Crawford Street on the east; Twelfth Street on the south; and Willomet Avenue on the west. Park Central Merit Drive on the north; the east side of Park Central Drive on the east; Forest Lane on the south; and the west side of Park Central Drive on the west. Parkland Harry Hines Boulevard on the north; Motor Street on the east; Stemmons Freeway on the south; and Inwood Road on the west. Cedars R. L. Thornton Freeway on the north; Ervay Street on the east; Corinth Street on the south; and Lamar Street on the west. Uptown/Victory Stemmons Freeway from Woodall Rodgers Freeway to the Dallas North Tollway; Mckinnon Street from the Dallas North Tollway to Pearl Street; Pearl Street from McKinnon Street to Woodall Rodgers Freeway; and Woodall Rodgers Freeway from Pearl Street to Stemmons Freeway. (b) No parking meter may be installed in any area of the city other than a metered parking area § 28-104 described in Subsection (a), unless approved by city cotmcil ordinance. (c) The total number of parking meters in any metered parking area described in Subsection (a), as that number is determined on October 1 of each fiscal year, may not be increased by more than 10 percent within that fiscal year, unless the installation of each excess parking meter is approved by city council resolution. (d) At least four weeks before installing any parking meter in a metered parking area described in Subsection (a), the director shall give written notice of the proposed installation to each city council member. (e) The traffic engineer shall place and maintain all parking meters. Meters must be placed upon the curb alongside of designated parking stalls or in an area that is central to several parking stalls assigned to a multi-space metered unit. The meters must indicate the time limit in effect in each stall, the hours the limit is operative, the appropriate payment that is required to be deposited, and the method of payment accepted by the meter. (f) All parking meters installed in the city before May 22, 1996 are considered to have been installed with city council authorization and approval. (Ord. Nos. 14584; 22762; 24882; 25756; 27210; 28831) SEC. 28-104. INDICATION OF EXPIRATION OF PARKING TIME. (a) Except as provided in Subsection (b) this section, each parking meter shall display an indicator showing legal parking upon the deposit of an appropriate payment. The parking time allowed by the payment amount must be clearly indicated on the meter. Each meter shall continue operation from the time payment is made until expiration of the appropriate parking time. At the end of that parking time, the meter shall indicate by the display of a signal that the lawful parking period has expired. (b) Par king time is not required to be displayed on the meter if payment has been made by telephone or the Internet. A person who pays for metered parking by telephone or the Internet will Dallas City Code 7/13 65 § 28-104 Motor Vehicles and Traffic receive an electronic receipt or other form of confirmation of the transaction indicating the parking time allowed by the payment. The owner, operator, manager, or driver of the vehicle parked in the metered parking space is responsible for knowing when the allowed parking time will expire. Parking time allowed through a payment transaction by telephone or the Internet may also be accessed and displayed on a handheld device carried by a police officer or other person authorized to issue parking citations. (Ord. Nos. 14584; 27210; 28792) SEC. 28-105. VEHICLE TO BE PARKED WITHIN LIMIT LINES AT METERS. In addition to complying with other parking regulations in this chapter, the driver of a vehicle shall park the vehicle in a metered parking stall so that the entire vehicle is within the limit lines marked on the curb or street designating the parking stall. (Ord. Nos. 14584; 27210) SEC. 28-106. PAYMENT REQUIRED. During the period when the parking time limit is in effect and payment for metered parking is required, the owner, operator, manager, or driver of a vehicle shall, upon entering a metered parking space, immediately deposit an appropriate payment in the parking meter assigned to the parking space or pay for parking at the space by use of a telephone or the Internet. The parking space may then be used by the vehicle for the period of time shown by the indicator on the meter or, if payment was made by use of a telephone or the Internet, as indicated on the electronic receipt or other form of confirmation received for the payment transaction. (Ord. Nos. 14584;27210;28792) SEC. 28-107. PARKING WHERE METER HAS EXPIRED. A vehicle is illegally parked if it is found parked or standing in a metered parking space, and: (1) the parking meter assigned to that space displays a signal showing the lawful parking period has expired, unless payment for the metered § 28-110 parking space was made by the use of a telephone or the Internet; or (2) the allowed parking time paid for the metered parking space by using a telephone or the Internet has expired. (Ord. Nos. 14584; 15890; 20269; 27210; 28792) SEC. 28-108. PARKING WHERE METER IS DISPLAYING A VIOLATION SIGNAL. (a) During the period when the time limit is in effect and payment for metered parking is required, a person shall not permit a vehicle under the person's control to remain in any metered parking space while the parking meter assigned to the parking space is displaying a signal indicating that all parking time has expired. (b) It is a defense to prosecution under Subsection (a) of this section that the person paid for the metered parking using a telephone or the Internet and the parking time purchased by the payment transaction had not expired. (Ord. Nos. 14584; 20269; 27210; 28792) SEC. 28-109. STOPPING, STANDING, OR PARKING BEYOND MAXIMUM LEGAL TIME LIMIT PROHIBITED. (a) In this section, MAXIMUM LEGAL TIME LIMIT means the amount of continuous time that a person may purchase from a parking meter for parking at a metered parking space, regardless of whether payment is actually made. (b) A person commits an offense if he stops, stands, or parks a vehicle in a metered parking space for a period of time longer than the maximum legal time limit posted on the parking meter assigned to that parking space. (Ord. Nos. 14584; 27210; 28792) SEC. 28-110. USE OF METERED PARKING SPACES FOR LOADING AND UNLOADING. The use of a metered parking space for loading and unloading merchandise from a commercial Dallas City Code 66 7/13 § 28-110 vehicle, or from a passenger-type vehicle displaying a valid loading zone permit, will be permitted between the hours of 7:00 a.m. and 10:00 a.m. without the deposit of a payment in the parking meter assigned to the parking space. (Ord. Nos. 14584; 17413;20269;27210) SEC. 28-111. § 28-114.1 Motor Vehicles and Traffic SEC. 28-114. CONVENIENCE FEE FOR PARKING PAYMENTS BY TELEPHONE OR THE INTERNET. A convenience fee of $0.35 will be assessed, in addition to the parking fee, for payment of metered parking by use of a telephone or the Internet. (Ord. 28792) TAMPERING WITH PARKING METERS. SEC. 28-114.1. A person commits an offense if he defaces, tampers with, opens, destroys, or impairs a parking meter installed under the provisions of this chapter, unless authorized by the traffic engineer. (Ord. Nos. 14584; 27210) SEC. 28-112. DEPOSIT OF SLUGS AND NONAUTHORIZED PAYMENT DEVICES PROHIBITED. A person commits an offense if he deposits or causes to be deposited in a parking meter a slug or device other than a coin of the United States or other payment device posted as being accepted by the parking meter. (Ord. Nos. 14584; 27210) SEC. 28-113. COLLECTION AND DISPOSITION OF MONEY DEPOSITED. The chief of police shall designate persons to make regular collections of the money deposited in parking meters, which must be deposited to the credit of the city the same as funds that are collected through the municipal courts. The deposits must be made in a special account called "parking meter funds," which must be disbursed on order of the city council. The persons designated by the chief of police to make the collections shall furnish a good and sufficient bond to the city to ensure the city the collection and safe handling of the funds arising from the operation of parking meters. (Ord. Nos. 14584; 15626;17964;22026;27210;27697) ZONES WITHIN THE CENTRAL BUSINESS DISTRICT. (a) One dollar fifty cents an hour zones. A person shall pay an hourly rate of $1.50 for the use of a metered parking space upon the following streets or portions of streets within the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. BLOCK!Sl Akard Street 100-200 N. Both Main Street to Pacific Avenue Austin Street 200 N. Both Elm Street to Pacific Avenue Austin Street 100-300 Both Main Street to Wood Street Commerce Street 500-1900 Both Houston Street to Harwood Street Crockett Street 6 00 Both San Jacinto Street to Bryan Street Elm Street 500-1900 Both Houston Street to Harwood Street Ervay Street 100-700 N. Both Main Street to Ross Avenue Ervay Street 100-400 S. Both Main Street to Young Street Federal Street 1600-1900 Both Akard Street to Harwood Street Field Street 100-600 N. Both Main Street to Ross Avenue Field Street 100-300 S. Both Main Street to Wood Street Harwood Street 400-800 N. Both Live Oak Street to Ross Avenue Houston Street 100 N. Both Main Street to Elm Street Houston Street 100-300 S. Both Main Street to Wood Street Jackson Street 500-1700 Both Houston Street to Prather Street Lamar Street 200 N. Both Elm Street to Pacific Avenue Lamar Street 100-300 S. Both Main Street to Wood Street Lane Street 200 Both Commerce Street to Jackson Street s. Dallas City Code 7/13 67 § 28-114.1 § 28-114.1 Motor Vehicles and Traffic STREET BLOCKfS) SIDE(S). Live Oak Street 1900 Both St. Paul Street to Harwood Street Maill Street 500-1900 Both Houston Street to Harwood Street Market Street 100 N. Both Main Street to Elm Street Market Street 100-300 s. Both Maill Street to Wood Street Olive Street 500-800 N. Both Bryan Street to Ross Avenue Pacific Avenue 1900 Both Pearl Street 500-800 N. Prather Street 200 Record Street 300 Ross Avenue only, for the use of a metered parking space upon the following streets or portions of streets within the central business district: STREET BLOCKfS) SIDErS) ~ Corbin Street 600-900 Both Record Street to Laws Street Hord Street 900 Both Lamar Street to Laws Street Lamar Street 300-2000 N. Both Pacific Avenue to McKinney Avenue St. Paul Street to Harwood Street Market Street 300-1800 N. Both Pacific Avenue to Munger Avenue Both Live Oak Street to Ross Avenue McKinney Avenue 600-900 Both Record Street to Laws Street Both Commerce Street to Jackson Street Munger Avenue 600-900 Both Record Street to Laws Street s. Both Jackson Street to Wood Street Record Street 300-1900 N. Both Pacific Avenue to McKinney Avenue 1800-2000 Both Ervay Street to Live Oak Street Ross Avenue 500-800 Both Pacific Avenue to Lamar Street San Jacinto Street 1600-2300 Both Ervay Street to Leonard Street San Jacinto Place 1900 Both San Jacinto Street to St. Paul Street St. Paul Street 300-600 N. Both Live Oak Street to San Jacinto Street Wood Street 500-1600 Both Houston Street to Ervay Street (2) Monday through Sunday from 7:00a.m. until 12 midnight only. (d) One dollar an hour zones- parking lots. A person shall pay an hourly rate of one dollar on Monday through Sunday, from 7:00 a.m. until 6:00 p.m. only, for the use of a metered parking space upon the following areas within the central business district: PARKING LOT BOUNDARIES City Hall Marilla Street Ervay Street STREET BLOCKfS) SIDE(Sl ~ Commerce Street 2000-2100 Both Harwood Street to Central Expressway Elm Street 2000-2100 Both Harwood Street to Central Expressway Live Oak Street 2000-2100 Both Harwood Street to Pearl Street Main Street 2000-2100 Both Harwood Street to Central Expressway (b) One dollar twenty-five cents an hour zones. A person shall pay an hourly rate of $1.25 on Monday through Sunday, from 7:00 a.m. until 12 midnight only, for the use of a metered parking space upon all streets or portions of streets within the central business district, except as otherwise provided in this section. (c) One dollar an hour zones - streets. A person shall pay an hourly rate of one dollar on Monday through Sunday, from 7:00 a.m. until 12 midnight Canton Street Akard Street (e) Sixty cents an hour zones. A person shall pay an hourly rate of 60 cents for the use of a metered parking space upon the following streets or portions of streets within the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. SIDE(S) EXTENT s. Both Young Street to Canton Street 500-700 s. Both Young Street to Canton Street Ervay Street Service Road 500-700 s. Both Young Street to Canton Street Evergreen Street 500 Both Young Street to Marilla Street STREET BLOCKfS) Akard Street 500-700 Ervay Street Dallas City Code 68 7/13 § 28-114.1 § 28-114.1 Motor Vehicles and Traffic STREET BLOCK!Sl Field Street 400 S. Both Wood Street to Young Street Akard Street BLOCK IS) SIDEISl 1700-1900 Both Ross Avenue to the Woodall Rodgers Freeway south service road N. Griffin Street 400-600 S. Both Wood Street to Ceremonial Drive Lamar Street 300-600 S. Both Jackson Street to Ceremonial Drive Marilla Street 1300-1800 Both Field Street to Park Avenue Park Avenue 400 S. Both Wood Street to Young Street Ross Avenue 900-2300 Both Lamar Street to Leonard Street St. Paul Street 400 S. Both Wood Street to Young Street Young Street 500-1700 Both Houston Street to St. Paul Street (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. Flora Street 2000 Both Harwood Street to Olive Street Harwood Street 400 S. Both Wood Street to Yotmg Street Harwood Street 1700-1900 N. Both Ross Avenue to the Woodall Rodgers Freeway south service road Munger Avenue 1800 Both Akard Street to St. Paul Street Munger Avenue 2000 Both Harwood Street to Olive Street 1700-1900 Both Ross Avenue to the Woodall Rodgers Freeway south service road Olive Street N. Park Avenue 500 s. Both Young Street to Marilla Street s. Both Wood Street to Commerce Street s. Both Young Street to Canton Street 1700-1900 Both Ross Avenue to the Woodall Rodgers Freeway south service road BLOCKISl Houston Street 300-2000 N. Both Pacific A venue to McKinney Avenue Pearl Expressway 200 500-700 Lamar Street 2100 N. Both McKinney Avenue to Broom Street St. Paul Street Laws Street 1700-2000 N. Both Ross Avenue to McKinney Avenue St. Paul Street (f) Fifty cents an hour zones. A person shall pay an hourly rate of 50 cents on Monday through Sunday, from 7:00 a.m. until 12 midnight only, for the use of a metered parking space upon the following streets or portions of streets within the central business district: Woodall Rodgers Freeway (South Service Road) 1800-2000 Both Akard Street to Olive Street Wood Street 2000 Both Harwood Street to Pearl Expressway N. (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. STREET BLOCKISl SIDEISl EXTENT Commerce Street 2200-2400 Both Central Expressway to Julius Schepps Freeway Elm Street 2200 Both Pearl Expressway to Central Expressway Main Street 2200 Both Central Expressway to Julius Schepps Freeway (g) Thirty cents an hour zones. A person shall pay an hourly rate of 30 cents for the use of a metered parking space upon the following streets or portions of streets within the central business district during the following effective times: STREET BLQCK(S) SIDE(S) EXTENT Pacific Avenue 2000 Both Harwood Street to Olive Street Pearl Expressway 100 S.- 400 N. Both Commerce Street to N. Central Expressway (h) Twenty-five cents an hour zones. A person shall pay an hourly rate of 25 cents for the use of a metered parking space upon the following streets or portions of streets within the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. Dallas City Code 7/13 69 § 28-114.1 § 28-114.1 Motor Vehicles and Traffic (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. STREET BLOCKCSl SIDECSl EXTENT Corbin Street 1100-1200 Both Griffin Street to Magnolia Street Flora Street 2400-2700 Both Leonard Street to N. Central Expressway Griffin Street 1700-2000 N. Both Ross Avenue to McKinney Avenue Hawkins Street 1000-1200 N. Both San Jacinto Street to Ross Avenue Jackson Street 2100 Both Pearl Expressway to Central Expressway LeonardStreet 600-1100 Both Bryan Street to Ross Avenue BLOCKISl Federal Street Field Street N. Magnolia Street 1900-2000 N. Both Corbin Street to McKinney Avenue Mnnger Avenue 1100-1700 Both Griffin Street to Akard Street San Jacinto Street 2400-2700 N. Both Leonard Street to N. Central Expressway Woodall Rodgers 1400-1700 Freeway (South Service Road) Both Field Street to Akard Street 2400 Both Leonard Street to Hawkins Street 1700-2000 Both Ross Avenue to the Woodall Rodgers Freeway south service road N. Flora Street 2100-2300 Both Olive Street to Leonard Street Freeman Street 1700-1800 N. Both Ross Avenue to Mnnger Avenue Harwood Street 500 S. Both Young Street to Canton Street Hard Street 10001100 N. Both Laws Street to Griffin Street Mnnger Avenue 2200 Both Pearl Street to Crockett Street Pearl Street 1700-1900 N. Both Ross Avenue to the Woodall Rodgers Freeway south service road Ross Avenue 2400-2700 Both Leonard Street to N. Central Expressway Routh Street 600-1600 Both N. Central Expressway to Ross Avenue Both Olive Street to Leonard Street Woodall Rodgers 2100-2300 Freeway (South Service Road) (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. STREET BLOCKCSl SIDECSl EXI:ENI STREET BLOCKISl SIDEISl EXTENT Corbin Street 900-1000 Both Laws Street to Griffin Street Elm Street 2300 Both Central Expressway to Julius Schepps Freeway McKinney Avenue 1000-1300 Both Laws Street to Field Street Live Oak Street 2200-2300 Both Pearl Expressway to N. Central Expressway Mtmger Avenue 900-1000 Both Laws Street to Griffin Street Pacific Avenue 2100-2300 Both Olive Street to Julius Schepps Freeway ( i) Twenty cents an hour zones. A person shall pay an hourly rate of 20 cents for the use of a metered parking space upon the following streets or portions of streets within the central business district during the following effective times: (j) Fifteen cents an hour zones - streets. A person shall pay an hourly rate of 15 cents for the use of a metered parking space upon the following streets or portions of streets within the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. STREET BLOCK(Sl Akard Street 800 STREET BLOCKCSl SIDECSl EXIEr::IT Browder Street 800-900 Crockett Street 300 N. Both Pacific Avenue Expressway Crockett Street 1700-1900 N. Fairmonnt Street 700-1000 N. Both Both SIDE(Sl EXTENT Both Canton Street to Cadiz Street s. Both Canton Street to Corsicana Street Cadiz Street 1400-2200 Both Akard Street to 300 feet east of S. Central Expressway Ross Avenue to the Woodall Rodgers Freeway south service road Canton Street 1400-2100 Both Akard Street to Central Expressway Federal Street to San Jacinto Street Central Expressway 200-1200 Both Commerce Street toR. L. Thornton Freeway to s. Pearl s. Dallas City Code 70 7/13 STREET BLOCK(S) Corsicana Street 1500-1800 Ervay Street 800-1000 Harwood Street Lamar Street 700 Marilla Street 1900 Park Avenue 800 Both Browder Street to Park Avenue Both Canton Street to R. L. Thornton Freeway 900-1200 Both Cadiz Street to Thornton Freeway s. Both Ceremonial Drive Memorial Drive Both Park Avenue to Harwood Street s. Both Canton Street to Cadiz Street Pearl Expressway 300-1200 S. Both Jackson Street to R. L. Thornton Freeway Young Street 1800-2100 Both St. Paul Street to Central Avenue s. R. or portions of streets within the central business district: BLOCK(S) Harwood Street 600 S. to ~ BLQCK(S) SIQE(S). IiliTENr Central Expressway 100 S.-200 N. Both Commerce Street to Pacific Avenue Monday through Sunday, 24 hours a day, for the use of a metered parking space upon the following areas within the central business district: BOUNDAR1ES Central Expressway Woodall Rodgers Freeway north service road Central Expressway east service road Julius Schepps Freeway BLOCK(S) SIQE(S). EXTENT Akard Street 900 S. Both Cadiz Street to R.L. Thornton Freeway Austin Street 600-700 S. Both Ceremonial Drive to Memorial Drive Boll Street 1200-1700 N. Both San Jacinto Street to Flora Street Canton Street 2200-2400 Both Central Expressway to Julius Schepps Freeway Fairmount Street 1700-1900 N. Both Ross Avenue to the Woodall Rodgers Freeway south service road Good-Latimer Expressway 500-800 s. Both Cadiz Street to R.L. Thornton Freeway s. Both Young Street to Canton Street Leonard Street 1700-1900 Both Ross Avenue to the Woodall Rodgers Freeway south service road Munger Street 2400 Both Leonard Street to Fairmount Street Park Avenue 900-1000 Both Cadiz Street to St. Louis Street Routh Street 1700-1900 N. Both Ross Avenue to the Woodall Rodgers Freeway south service road St. Louis Street 1800-2100 Both St. Paul Street Expressway St. Paul Street 800-1000 Both Canton Street to St. Louis Street Taylor Street 2000-2100 Both Harwood Street to S. Central Expressway Woodall 2400-2800 N. Rodgers Freeway (South Service Road) Both Leonard Street Expressway 2200-2300 Both Central Expressway to Julius Schepps Freeway Hawkins Street 400 Central Expressway west service road Julius Schepps Freeway Central Expressway s. Julius Schepps Freeway east service road R.L. Thornton Freeway Julius Schepps Freeway west service road Woodall Rodgers Freeway Canton Street to Cadiz Street (m) Five cents an hour zones. A person shall pay an hourly rate of five cents on Monday through Stmday, from 7:00 a.m. until 6:00 p.m. only, for the use of a metered parking space upon the following streets or portions of streets within the central business district: Fifteen cents an hour zones - 12arking lots. A person shall pay an hourly rate of 15 cents on PARK1NGLOT Both L. (2) Monday through Sunday from 7:00 a.m. until12 midnight only. (k) § 28-114.1 Motor Vehicles and Traffic § 28-114.1 s. Woodall Rodgers Freeway north service road Central Expressway east service road Woodall Rodgers Freeway south service road Fairmount Street Young Street ( 1) Ten cents an hour zones. A person shall pay an hourly rate of 10 cents on Monday through Sunday, from 7:00 a.m. until 6:00 p.m. only, for the use of a metered parking space upon the following streets to to Central Central (n) S:(2lit hourly rate zones - 12arking lots Klyde Warren Park. A person shall pay an hourly rate of $1.50 from 7:00 a.m. until 9:00 a.m. on Monday Dallas City Code 7/13 71 § 28-114.1 § 28-114.2 Motor Vehicles and Traffic through Friday, $2.00 from 9:00a.m. until6:00 p.m. on Monday through Friday, $2.50 from 6:00 p.m. until 12 midnight on Monday through Friday, $2.00 from 7:00 a.m. until 12 midnight on Saturday and Sunday, and no charge from 12 midnight until 7:00 a.m. on Monday through Sunday, for the use of a parking space upon the following area within the central business district: PARKING LOT BOUNDARIES Klyde Warren Park St. Paul Street PARKING LOT BOUNDARIES Deep Ellum Lot No. 1 (located in Interstate 345 right-of-way) Good-Latimer Expressway Henry Street Canton Street Deep Ellum Lot No. 2 (located in Interstate 345 right-of-way) Maln Street Good-Latimer Expressway Commerce Street Julius Schepps Freeway Woodall Rodgers Freeway eastbound service road Pearl Street Woodall Rodgers Freeway westbound service road (o) Split hourly rate zones - parking lots West End Lot No.2. A person shall pay an hourly rate of 75 cents from 7:00 a.m. until 5:00 p.m. on Monday through Friday, $1.25 from 7:00 a.m. until 5:00 p.m. on Saturday and Sunday, $1.25 from 5:00 p.m. until 12 midnight on Monday through Sunday, and no charge from 12 midnight until 5:00 a.m. on Monday through Sunday, for the use of a parking space upon the following areas within the central business district: PARKING LOT BOUNDARIES West End Lot No.2 Woodall Rodgers Freeway north service road Record Street Woodall Rodgers Freeway south service road Laws Street (p) Split daily rate zones - parking lots. A person shall pay a daily rate of two dollars from 5:00 a.m. until 5:00 p.m. on Monday through Friday, five dollars from 5:00 a.m. until 5:00 p.m. on Saturday and Sunday, and five dollars from 5:00 p.m. until 5:00 a.m. on Monday through Sunday, for the use of a parking space upon the following areas within the central business district: PARK!NGLOT BOUNDARIES Brewery Lot Woodall Rodgers Freeway north service road Record Street Deep Ellum Lot No. 3 (located in Interstate 345 right-of-way) Elm Street Good-Latimer Expressway Maln Street Julius Schepps Freeway West End Lot No. 1 Woodall Rodgers Freeway north service road Field Street Woodall Rodgers Freeway south service road Laws Street (q) Split hourly rate zones- streets. A person shall pay an hourly rate of $1.50 from 7:00 a.m. until 9:00 a.m. on Monday through Friday, $2.00 from 9:00 a.m. until 6:00 p.m. on Monday through Friday, $2.50 from 6:00 p.m. until 12 midnight on Monday through Friday, $2.00 from 7:00 a.m. until 12 midnight on Saturday and Sunday, and no charge from 12 midnight until 7:00 a.m. on Monday through Sunday, for the use of a parking space upon the following streets within the central business district: STREET BLOCK!Sl SIDE!Sl EXTENT Woodall Rodgers Freeway eastbotmd service road 1700-1900 South Akard Street to Harwood Street Woodall Rodgers Freeway westbound service road 1900-2100 North St. Paul Street to Pearl Street (Ord. Nos. 17964; 19173; 19555; 20148; 21194; 22763; 23864;24233;24411;24483;24882;25756;27210;27553; 28019; 28831) SEC. 28-114.2. Woodall Rodgers Freeway south service road Stemmons Freeway east service road Commerce Street ZONES OUTSIDE THE CENTRAL BUSINESS DISTRICT. (a) One dollar twenty-five cents an hour person shall pay an hourly rate of $1.25 on Monday through Sunday, from 7:00 a.m. until 12 ~.A Dallas City Code 72 7/13 § 28-114.2 § 28-114.2 Motor Vehicles and Traffic midnight only, for the use of a metered parking space upon the following streets or portions of streets outside the central business district: BLOCK(Sl SIDE(Sl Akard Street 2600 Both Lyte Street to Payne Street Alamo Street 2500 Both Olin Welbourne Street to Field Street All Star Way 1400 Both Victory Avenue to Houston Street Broom Street 900 Both Lamar Street to Field Street Caroline Street 2500 Both Payne Street to Field Street Continental Avenue 2200-2400 Both Trinity Railway Express tracks to Ross Avenue High Market Street 600 Both Victory Avenue to Houston Street Houston Street 2100-2400 N. Both Continental Avenue to Olive Street Houston Street 2500 N. East Olive Street to Payne Street Lamar Street 2200-2600 N. Both Broom Street to Trinity Railway Express tracks LyteStreet 1500 Both Houston Street to Akard Street Museum Way 600 Both Victory Avenue to Houston Street Both Alamo Street to Caroline Street Olin Welboume 1600 Street Olive Street 2900-3000 Both Victory Avenue to Field Street Payne Street 1600 Both Houston Street to Akard Street Valor Place 2500 Both Olive Street to 182 feet north of Olive Street Victory Park Lane 2200-2400 Both High Market Street to Olive Street (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. STREET BLOCK(Sl SIDE(Sl EXTENT Belleview Street 900-1000 Both Lamar Street to Wall Street 1400-2000 Both Belleview Street to Corinth Street Lofland Street 2100 Both Harry Hines Boulevard to Redfield Street Redfield Street 5200 Both Lofland Street to Butler Street Lamar Street (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. STREET BLOCK(Sl SIDE(Sl EXTENT Broom Street 900-1300 Both Lamar Street to Field Street Houston Street 2100-2400 N. Both McKinney Avenue to Wichita Street 1000-1300 Both R. L. Thornton Freeway to Belleview Street Lamar Street 2200 N. Both Broom Street to 257 feet north of Broom Street Lamar Street 2300-2600 N. Both Houston Street to Victory Street Lamar Street s. (c) Fifty cents an hour zones. A person shall pay an hourly rate of 50 cents for the use of a metered parking space upon the following streets or portions of streets outside the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. STREET (b) Sixty cents an hour zones. A person shall pay an hourly rate of 60 cents for the use of a metered parking space upon the following streets or portions of streets outside the central business district during the following effective times: s. BLOCK(Sl Medical Center 5200-5400 Drive Park Central Drive 1180011900 SIDE(Sl EXTENT Both Motor Street to 2,784 feet north of Motor Street Both Forest Lane to Merit Drive (2) Monday through Sunday from 6:00 p.m. until12 midnight only. STREET BLOCKIS) SIDErS) EXTENT Canton Street 2700-3000 Both N. Good Latimer Expressway to Hall Street Commerce Street 2600-3200 Both N. Good Latimer Expressway to Trunk Avenue Both Indiana Avenue to Canton Street Crowdus Street 100-200 Elm Street 2500-3200 Both Hawkins Street to Trunk Avenue Good Latimer Expressway 100 Both Elm Street to Commerce Street Dallas City Code 7/13 73 § 28-114.2 Motor Vehicles and Traffic BLQCKISl SI!2E(Sl EmJ:IT Hall Street 100-200 N. Both Indiana Avenue to Main Street Hall Street 100-200 s. Both Main Street to Canton Street Henry Street 200-300 S. Both Commerce Street to Canton Street Indiana Avenue 2800 Both Crowdus Street to Malcolm X Boulevard Main Street 2500-3200 Both Julius Schepps Freeway to Trunk Avenue Malcolm X Boulevard 100-200 Both Indiana Avenue to Canton Street Walton Street 200-400 Both Elm Street to Junius Street (d) Thirty cents an hour zones. A person shall pay an hourly rate of 30 cents on Monday through Sunday, from 7:00 a.m. until 12 midnight only, for the use of a metered parking space upon all streets or portions of streets outside the central business district except as otherwise provided in this section. (e) Twenty-five cents an hour zones. A person shall pay an hourly rate of 25 cents for the use of a metered parking space upon the following streets or portions of streets outside the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until6:00 p.m. only. BLOCKISl § 28-114.2 BLOCKISl SI!2E!5l Washington Street 300-500 Both Elm Street to Worth Street Worth Street 3900-4000 Both Washington Avenue Haskell Avenue to (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. BLQCKISl Akard Street 2100-2400 N. Both Woodall Rodgers Freeway to Ashland Street Alamo Street 2100-2200 N. Both Woodall Rodgers Freeway to Cedar Springs Road Ashland Street 1500-1600 Both Field Street to Akard Street Caroline Street 2200-2400 N. Both McKinney Avenue to Wichita Street Cedar Springs Road 1500-1800 Both Field Street to Akard Street Floyd Street 3000-3200 Both Oak Street to Hall Street Hall Street 200 N. Both Elm Street Boulevard Walton Street 200-400 Both Elm Street to Hall Street to Indiana (3) Monday through Sunday from 10:00 a.m. until4:00 p.m. only. BLQCKISl Adams Street 200-300 s. Both Sunset Avenue to Centre Street Ashland Street 1700-1900 Both Alamo Street to Cedar Springs Road BookhoutStreet 2600-3000 Both Yeargan Street to Ivan Street Crutcher Street 3300-3500 Both Hall Street to Pauline Street Beckley Avenue 100-200 S. Both Sunset Avenue to Centre Street Harwood Street 2100-3100 N. Both Woodall Rodgers Freeway south service road to 500 feet north of Ivan Street Bishop Avenue 200-300 Both Sunset Avenue to Centre Street Both Elm Street to Gaston Avenue 100 E.1000 w. Storey Street to Polk Street 300-800 Jefferson Boulevard Both Hill Street Junius Street 2900-3000 Both Oakland Street to Walton Street Madison Avenue 100 N.300 s. Both Ninth Street to Centre Street McKinney Avenue 1600-2200 Both Woodall Rodgers Freeway south service road to Pearl Street Polk Street 200-300 s. Both Sunset Avenue to Centre Street Tyler Street 200-300 s. Both Sunset Avenue to Centre Street Zang Boulevard 200-300 s. Both Sunset Avenue to Centre Street Olive Street Pearl Street 2100-2400 Both Woodall Rodgers Freeway south service road to Cedar Springs Road 2900-3000 Both Randall Street to Yeargan Street N. St. Paul Street 2100-2200 N. Both Woodall Rodgers Freeway north service road to Cedar Springs Road Swiss Avenue 3000-3200 Both Oak Street to Gordon Street (f) Twenty cents an hour zones. A person shall pay an hourly rate of 20 cents for the use of a metered parking space upon the following streets or portions of streets outside the central business district during the following effective times: Dallas City Code 74 7/13 § 28-114.2 § 28-114.2 Motor Vehicles and Traffic (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. ~ BWCKISl SlQE(Sl. EX1E:IT SwissAvenue 2400-2500 Both Florence Street to N. GoodLatimer Expressway SIBEliT BLOCK(Sl SIDE!Sl ma:ENI Floyd Street 3900-4000 Both St. Joseph Street to Haskell Street Medical Center Drive 5500-5600 Both Inwood Road to 1,145 feet south of Inwood Road ~ BWCK(Sl Nussbaumer Street 3000-3200 Both Oak Street to Hall Street IndianaAvenue 3000 Swiss Avenue 3300-3600 Both Hall Street to Gordon Street Swiss Circle 3300 Both Hall Street to Swiss Avenue (3) Monday through Sunday from 10:00 a.m. until 4:00 p.m. only. Worth Street 3100-3200 Both Walton Street to Hall Street (2) Monday through Sunday from 10:00 a.m. until4:00 p.m. only. BLOCKISJ PattonAvenue 100-200 S. Both Tenth Street to Twelfth Street Storey Street 100-200 S. Both Tenth Street to Twelfth Street Twelfth Street 300-400 E. Both Storey Street to Patton Avenue (g) Ten cents an hour zones. A person shall pay an hourly rate of 10 cents for the use of a metered parking space upon the following streets or portions of streets outside the central business district during the following effective times: (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. Both Walton Street to Hall Street :IT.REEI BLOCK(Sl SlQE(Sl. EmNI Lancaster Avenue 100 N. Both Ninth Street to Tenth Street Uewellyn Avenue 200-300 Both Sunset Avenue to Centre Street s. (h) Five cents an hour zones. A person shall pay an hourly rate of five cents for the use of a metered parking space upon the following streets or portions of streets outside the central business district during the following effective times: (1) Monday through Sunday from 7:00 a.m. until6:00 p.m. only. ~ BLOCK(Sl SID.E(S1 EXI:ENI (1) Monday through Sunday from 7:00 a.m. until 6:00 p.m. only. Akard Street 2400 N. Both Ashland Street to Harwood Street Bryan Street 4100-4300 Both Haskell Avenue to Burlew Street SIBEliT BLOCKISJ Nussbaumer Street 2900 Both Oakland Street to Oak Street Bird Street 4000 Both Hill Street to Haskell Street Peak Street 1300-1400 Both Gaston Avenue to Scurry Street Central Expressway 2200-2400 N. Both Hawkins Street to Gaston Street Crutcher Street 3800-4000 Both Washington Street to Haskell Street Floyd Street 33003500 Both Hall Street to Kirk Alley Hall Street 300 N. Both Indiana Boulevard to Crutcher Street Both Gaston Avenue to Live Oak Street Hawkins Street 300-700 N. Junius Street 4000 Both Hill Street to Haskell Street Oakland Avenue 600-900 Both Worth Street to Gaston Avenue Oak Street 700-1100 Both Junius Street to Swiss Avenue St. Joseph Street 1000 Both Swiss Avenue to Floyd Street Both Washington Street to Haskell Avenue Simpson Street 3800-4000 (2) Monday through Sunday from 7:00 a.m. until 12 midnight only. BWCK(Sl McKinney Avenue Both Akard Street to the Woodall Rodgers Freeway north service road (i) Split hourly rate zones. A person shall pay an hourly rate of one dollar from 7:00 a.m. until 5:00 p.m., two dollars from 5:00 p.m. until 12 midnight, and no charge from 12 midnight until 7:00 a.m. on Monday through Sunday, for the use of a metered parking space upon the following streets or portions of streets outside the central business district: Dallas City 7/13 1700 N. C~de 75 § 28-114.2 Motor Vehicles and Traffic 5mJIT BLQCK(Sl HoustonStreet 2500 N. West Olive Street to All Star Way Victory Avenue 2200-2700 Both Continental Avenue to Trinity Railway Express tracks (Ord. Nos. 17964; 19173; 21194; 24411; 24483; 24882; 25756;27210;27553;28792) § 28-115 (1) a utility company engaged in construction or repair activities for any city, county, state, or federal agency; (2) a contractor performing work under a city, county, state, or federal contract; or (3) any city, county, state, or federal agency requiring the hooding or temporary removal. of a parking meter in the performance of 1ts governmental functions. SECS. 28-114.3 THRU 28-114.10. RESERVED. (Repealed by Ord. Nos. 19173; 27210) SEC. 28-114.11. CENTRAL BUSINESS DISTRICT. For purposes of this division, the central business district is defined as that area bounded by Woodall Rodgers Freeway on the north, Julius Schepps Freeway on the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the west. (Ord. Nos. 17964; 27210) (e) The fees required by Subsection (a) of this section will not be assessed against a person requiring the hooding or temporary removal of parking meters to reconstruct, repair, or replace an existing street, sidewalk, curb, or other city infrastructure in the public right-of-way if: (1) the reconstruction, repair, or replacement of the infrastructure is performed in compliance with all applicable city ordinances and state and federal laws; and SEC. 28-114.12. PARKING METER HOODING AND TEMPORARY REMOVAL FEES; EXCEPTIONS. (2) the infrastructure is, in the opinion of the city, restored to better than its former condition. (a) A person requiring the hooding or removal of a parking meter shall pay to the chief of police a daily charge, excluding official parking meter holidays, of 70 percent of the maximum hourly capacity of each meter hooded times the prevailing rate on the meter. (f) Fees will only be waived under Subsection (e) for the period of time reasonably necessary to complete the reconstruction, repair, or replacement of the infrastructure, not to exceed 30 days. (Ord. Nos. 17964;19521;21612;21789;22026;27210;27553;27697) (b) In addition to the fee required in Subsection (a), a person requiring the hooding of a parking meter shall pay a labor charge of $55, plus one dollar for each meter hooded. (c) In addition to the fee required in Subsection (a), a person requiring the temporary removal of a parking meter shall pay a labor charge of $75 for each meter removed. A person requiring temporary removal of a parking meter shall also pay the costs of labor and materials incurred in reinstalling the meter after temporary removal. The minimum reinstallation charge is $104 per meter. (d) This section does not apply to: Division 5. Restricted or Prohibited in Certain Areas. SEC. 28-115. PARKING, STOPPING, AND STANDING VEHICLES IN PRIVATE PARKING AREAS AUTHORITY TO REGULATE; APPLICATION OF SECTION. (a) A person commits an offense if he parks, stops or stands a vehicle in violation of an official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing, or parking of a vehicle in a private parking area located within a shopping center, office center, industrial center, or medical center in the city. Dallas City Code 76 7/13 § 28-115 Motor Vehicles and Traffic (b) The owner or operator of a shopping center, office center, industrial center, or medical center shall have the authority to designate by appropriate signs and markings that have been approved by the traffic engineer: restrictions on standing, and parking of vehicles; (1) the stopping, (2) the areas in which the stopping, standing, or parking of vehicles is permitted; (3) times when the stopping, standing, or parking of vehicles is prohibited to facilitate clean-up operations; and (4) the areas in which freight loading is permitted. (c) This section shall not apply to head-in parking from the street on private property. (Ord. ~OS. 14584;21194) SEC. 28-116. PRIVATE PARKING AREAS APPROVAL OF TIME LIMIT, PARKING BAN AND PARKING PLAN; SECTIONS 28-115 to 28-119 NOT MANDATORY. (a) ~o parking regulation established under Sections 28-115 through 28-119 is effective until the owner or operator of a shopping center, office center, industrial center, or medical center submits plans for the proposed parking restrictions, time limit, parking ban, if any, and the parking plan to the traffic engineer for approval. Amendments to a business center parking plan must be submitted and approved in the same manner. (b) Sections 28-115 through 28-119 are not mandatory upon the owner or operator of a shopping center, office center, industrial center, or medical center. (Ord. ~os. 14584; 21194) SEC. 28-117. § 28-119 PRIVATE PARKING AREAS ERECTION OF SIGNS; CONTENT OF SIGNS; MARKING OF PARKING SPACES. (a) The owner or operator of a shopping center, office center, industrial center, or medical center is authorized to erect suitable signs of uniform size and design upon approval of the traffic engineer, which shall be placed in the parking areas advising the public of the limits and conditions of the parking regulations. A sign must be erected containing the following words in legible lettering on a contrasting background: "Parking in this area is limited to customers for the time and under the restrictions indicated by signs, as provided by Sections 28-115 through 28-119 of the Dallas City Code." (b) The owner or operator of a shopping center, office center, industrial center, or medical center shall mark off by painting on the parking areas the most suitable manner in which cars may be parked. A person who parks a vehicle on the parking lot of the shopping center, office center, industrial center, or medical center, shall park the vehicle within the limit lines so marked. (Ord. ~os. 14584; 21194) SEC. 28-118. RESERVED. (Repealed by Ord. 20012) SEC. 28-119. SAME- ENFORCEMENT. The owner or operator of a parking area in a shopping center, office center, industrial center, or medical center shall designate a person to enforce the provisions of Sections 28-115 through 28-119. The designated person must be registered as a private security officer as provided by state law and, when approved by the director, shall have authority to issue citations upon premises designated in the registration for violation of parking regulations authorized by this division. (Ord. ~os. 14584; 20269) Dallas City Code 7/13 76A § 28-120 SEC. 28-120. PARKING ON VA CANT PROPERTY IN RESIDENTIAL OR APARTMENT DISTRICTSERECTION OF SIGNS. Owners of unimproved or vacant real estate located within a residential district, as defined by the Zoning Ordinance, which is located adjacent to or separated by a public street or areaway from a business district, are authorized to post a wood or metal sign visible from the public street or areaway, containing the words "parking prohibited", in letters at least eight inches high. (Ord. 14584) SEC. 28-121. SAME- PROHIBITED WHEN SIGNS ERECTED. A person commits an offense if he parks a vehicle on vacant real estate located in a residential district, as defined by the Zoning Ordinance, when the real estate contains a "parking prohibited" sign as provided in Section 28-120. (Ord. 14584) (C) a license plate or placard bearing the international symbol of access issued by a U.S. state or by a state or province of a foreign country. (3) DISABLED PERSON LICENSE PLATE means the specially designed license plate of a vehicle, issued by the state to a permanently disabled person under Section 504.201 of the Texas Transportation Code, as amended. (4) DISABLED VETERAN LICENSE PLATE means the specially designed license plate of a vehicle, issued by the state to a disabled veteran under Section 504.202 of the Texas Transportation Code, as amended. (5) INTERNATIONAL SYMBOL OF ACCESS has the meaning assigned in Section 681.001 of the Texas Transportation Code, as amended. (Ord. Nos. 16671;17499;27210) SEC. 28-121.2. Division SA. Parking for Disabled Persons. SEC. 28-121.1. § 28-121.3 Motor Vehicles and Traffic DEFINITIONS. OFFENSES. Violations of disabled parking regulations on public or private property are governed by, and may be enforced pursuant to, Chapter 681, Texas Transportation Code, as amended. (Ord. Nos. 16671; 17499; 27210) In this division: (1) DISABLED PARKING PLACARD means the placard issued by the state under Section 681.002 of the Texas Transportation Code, as amended. SEC. 28-121.3. (2) DISABLED PERSON means a person who has a permanent or temporary disability within the meaning of Section 681.001 of the Texas Transportation Code, as amended, and who has applied for and received: (a) A person who owns or controls property used for parking may designate one or more parking spaces or a parking area for the exclusive use of vehicles transporting disabled persons in accordance with Section 681.009 of the Texas Transportation Code, as amended. (A) a disabled person or disabled veteran license plate from the state; (B) a disabled parking placard from the state; or VOLUNTARYDESIGNATIONOF PARKING SPACES OR AREAS FOR DISABLED PERSONS ON PRIVATE PROPERTY. (b) The offenses set forth in Section 681.011 of the Texas Transportation Code, as amended, apply to violations of disabled parking regulations occurring in a parking space or area designated for disabled persons under Subsection (a) of this section when the space or area is identified in conformance with the identification standards adopted by the Texas Dallas City Code 76B 7/13 § 28-121.3 Department of Licensing and Regulation and described in Section 681.009(b) of the Texas Transportation Code, as amended (which identification standards are codified in Rule Section 68.100 of the Texas Administrative Code, as amended). (Ord. Nos. 16671; 17499; 27210) SEC. 28-121.4. RESERVED. (Repealed by Ord. 27210) SEC. 28-121.5. REMOVAL OF UNAUTHORIZED VEHICLES. (a) An unauthorized vehicle, whether on public or private property, may be removed and stored at the expense of the owner or operator of the vehicle in accordance with the provisions of Chapter 2308 of the Texas Occupations Code, as amended, and this code. (b) A vehicle is an unauthorized vehicle for purposes of this section if the vehicle: (1) does not display a disabled person or disabled veteran license plate, a disabled parking placard, or a license plate or placard bearing the international symbol of access, and the vehicle is parked, stopped, or standing in a parking space or area designated specifically for the disabled; or (2) is blocking an access ramp or any other architectural improvement designed to aid disabled persons. (Ord. Nos. 17499; 27210) SEC. 28-121.6. § 28-121.9 Motor Vehicles and Traffic Division 5B. Resjdential Permit Parking Program. SEC. 28-121.7. PURPOSE. The purpose of this division is to promote the health, safety, and welfare of the citizens of the Deep Ellum District of the city of Dallas by addressing the problems that arise where streets are used for the parking of motor vehicles by persons using adjacent commercial, industrial, or commuter facilities, but who do not reside in the neighborhood. The establishment of residential permit parking zones would reduce these problems, which include, but are not limited to, hazardous traffic conditions, air and noise pollution, and inability of residents of the Deep Ellum District to obtain easy access to and adequate parking near their residences. (Ord. 21598) SEC. 28-121.8. DEFINITIONS. (1) DEEP ELLUM DISTRICT means the Deep Ellum/Near East Side District of the city of Dallas, the boundaries of which are described in City of Dallas Ordinance No. 19532, as amended. (2) DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director's authorized representative. (3) RESIDENTIAL PERMIT PARKING ZONE means any designated on-street space within the Deep Ellum District where only resident motor vehicles displaying a valid permit may stop, stand, or park. RESERVED. (Repealed by Ord. Nos. 20012; 27210) (4) PERMIT means a residential parking permit issued by the director under this division. (Ord. 21598) SEC. 28-121.9. DESIGNATION OF RESIDENTIAL PERMIT PARKING ZONES. The director may, from time to time, designate a number of residential permit parking zones within the Deep Ellum District as the director determines necessary to provide for the parking needs of the Dallas City Code 7/13 76C § 28-121.9 Motor Vehicles and Traffic residents of that district. The director shall conspicuously post signs within each zone indicating the times and conditions for which parking is by permit only. A residential permit parking zone becomes effective five working days after signs are in place in the zone, during which time, courtesy notices will be given to all motor vehicles parking in the zone. (Ord. 21598) SEC. 28-121.10. RESIDENTIAL PARKING PERMIT. (a) The director shall, upon application and payment of the permit fee, issue a residential parking permit to any person who is eligible for the permit. A person is eligible for a residential parking permit if the person: (1) (2) District; and (2) a valid Texas driver's license of the applicant, showing the applicant's current home address; (3) a residential utility bill acceptable to the director, showing the applicant's current home address; and (4) proof of automobile liability insurance in at least the minimum amount required by the Texas Safety Responsibility Act. (d) The annual fee for a residential parking permit is: (1) $25 for the first permit issued for a motor vehicle in a household; and (2) $50 for each additional permit issued for a motor vehicle in a household. owns a motor vehicle; resides within the Deep Ellum (3) has no unresolved parking citations issued by the city. (b) § 28-121.11 The application for a permit must contain: (1) the name, home address, and Texas driver's license number of the owner of the motor vehicle to be parked in a residential permit parking zone; (2) the make, model, registration, and license plate numbers of the motor vehicle to be parked in a residential permit parking zone; and (3) any other information the director determines necessary to the enforcement and administration of this division. (c) To prove residency and to verify the contents of the application, the applicant shall present at the time of application: (1) a valid Texas motor vehicle registration for the motor vehicle to be parked in a residential permit parking zone, showing the applicant's current home address; (e) When a motor vehicle is parked in a residential permit parking zone, the permit must be conspicuously displayed in a manner and location approved by the director. (f) A permit authorizes the holder to stop, stand, or park a motor vehicle at any time in a residential permit parking zone, unless such stopping, standing, or parking is prohibited or restricted by regulations other than those established under this division. (g) A permit is not transferable from one vehicle to another. (h) A permit expires one year from the date of issuance and may be renewed by applying in accordance with this section. ( i) A lost or stolen permit may be replaced for a $15 fee. The permit holder must submit a signed affidavit stating that the permit was lost or stolen and not transferred to another vehicle. (Ord. 21598) SEC. 28-121.11. OFFENSES; PERMIT REVOCATION. (a) A person commits an offense if he: Dallas City Code 76D 7/13 § 28-121.11 Motor Vehicles and Traffic (1) stops, stands, or parks a motor vehicle in a residential permit parking zone without displaying a valid permit on the vehicle as required by this division; (2) displays a permit on a motor vehicle other than the one for which the permit was issued; or (3) falsely represents himself as being eligible for a residential parking permit, submits false documents, or otherwise makes a false statement of a material fact on an application for a permit. (b) The director may revoke the residential parking permit of any person who: (1) § 28-121.14 do not reside in the neighborhood. The establishment of resident-parking-only zones would reduce these problems, which include, but are not limited to, hazardous traffic conditions, air and noise pollution, litter, and inability of residents of these neighborhoods to obtain easy access to and adequate parking near their residences. (Ord. 23863) SEC. 28-121.13. GENERAL AUTHORITY AND DUTY OF DIRECTOR. The director shall implement and enforce this division and may by written order establish such rules or regulations, not inconsistent with this division, as the director determines are necessary to discharge any duty under or to effect the policy of this division. (Ord. 23863) violates Subsection (a) of this section; SEC. 28-121.14. DEFINITIONS. (2) has an unresolved parking citation issued by the city; or (3) stops, stands, or parks a motor vehicle in a residential permit parking zone without: (A) a valid Texas license plate; In this division: (1) AVAILABLE PARKING SPACE means the total number of spaces determined by the director to be available for on-street parking by motor vehicles in a resident-parking-only zone or proposed resident-parking-only zone. (B) a valid inspection sticker; or automobile liability insurance coverage in at least the minimum amounts required by the Texas Safety Responsibility Act. (C) (c) The city council may, at any time, unconditionally revoke a residential parking permit issued under this division. (Ord. 21598) (2) BUSINESS ESTABLISHMENT means a building that contains one or more uses other than a single-family or duplex use. The term includes, but is not limited to, a building that contains apartments, condominiums, or businesses. (3) DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director's authorized representative. Division 5C. Resident-parking-only Program. SEC. 28-121.12. PURPOSE. (4) DUPLEX USE has the meaning given that term in Section 51A-4.209 of the Dallas Development Code. The purpose of this division is to promote the health, safety, and welfare of the citizens of certain neighborhoods in the city of Dallas by addressing the problems that arise when residential streets are used for the parking of motor vehicles by persons using adjacent nonresidential parking generators, but who (5) NONRESIDENTIAL PARKING GENERATOR means any facility, other than a structure used for a single-family or duplex use, that generates more parking needs than the facility can fully accommodate. The term includes, but is not limited to, a commercial, industrial, institutional, or Dallas City Code 7/13 76E § 28-121.14 Motor Vehicles and Traffic commuter facility, such as a restaurant, a bar, a store, an industrial plant, a church, a school, a hospital, a medical facility, a day care facility, or a transit facility. (6) PERMIT means a resident-parkingonly permit issued by the director under this division. (7) RESIDENCE means each dwelling unit of a single-family or duplex use. (8) RESIDENTIAL STREET means any street or portion of a street abutting a lot limited to a single-family or duplex use. (9) RESIDENT-PARKING-ONLY ZONE means one or more blocks of a residential street, designated by the director under this division, upon which on-street stopping, standing, or parking is limited to resident motor vehicles properly displaying a valid permit. (10) SINGLE-FAMILY USE has the meaning given that term in Section 51A-4.209 of the Dallas Development Code. (Ord. 23863) § 28-121.15 (2) Only complete blocks of a residential street may be designated as a residentparking-only zone. A resident-parking-only zone may be designated on one or both sides of a street. If a zone is designated on both sides of a street, the days, times, conditions, and signage of the zone must be the same on both sides. Each street block or side of a block designated as a resident-parking-only zone must abut two or more lots limited to a single-family or duplex use, and the majority of the lots abutted by each street block or side of a block designated as a resident-parking-only zone must be limited to a single-family or duplex use. (3) Upon receipt of a petition and a nonrefundable $50 application fee, the director shall conduct a parking study at the location requested in the petition. The results of the study must indicate that, during the days and times proposed for the resident-parking-only zone, more than 60 percent of the available parking space is in use and 20 percent or more of the vehicles using the parking space are not owned or operated by owners or occupants of residences or business establishments within the area requested to be designated as a resident-parking-only zone. SEC. 28-121.15. DESIGNATION OF RESIDENTPARKING-ONLY ZONES; ELIMINATION OR MODIFICATION OF ZONES. (4) The proposed resident-parking-only zone may not eliminate ingress to or egress from any residence or business establishment located within the zone. (a) The director may designate a number of resident-parking-only zones on residential streets within the city as the director determines necessary to provide for the parking needs of the residents of that zone, if all of the following requirements are met: (5) Before a resident-parking-only zone may become effective, the applicants must pay to the director a $42 charge for each resident-parking-only sign required to be installed in accordance with rules and regulations promulgated by the director. (1) A petition for designation of a resident-parking-only zone must be filed, on a form provided by the director, by owners or occupants of residences and any business establishments located within the proposed zone. The petition must be signed by owners or occupants of two-thirds of the residences and any business establishments abutting the side or sides of the street block or blocks for which the zone is requested. Only one signature per residence or business establishment is allowed on the petition. (b) After the application for a residentparking-only zone is approved, the director shall conspicuously post signs within each zone indicating the days, times, and conditions for which parking is by permit only. A resident-parking-only zone becomes effective five working days after signs are in place in the zone. Courtesy notices will be given to all motor vehicles parking in the zone during the five working days before the zone becomes effective. (c) The director may eliminate or modify a resident-parking-only zone or part of a residentparking-only zone if all of the following requirements are met: Dallas City Code 76F 7/13 § 28-121.15 § 28-121.16 Motor Vehicles and Traffic (1) A petition for the elimination or modification of a resident-parking-only zone or a part of a resident-parking-only zone must be filed, on a form provided by the director, by owners or occupants of residences and any business establishments located within the zone or part of the zone. The petition must be signed by owners or occupants of two-thirds of the residences and any business establishments abutting the side or sides of the street block or blocks for which elimination or modification of the zone is requested. Only one signature per residence or business establishment is allowed on the petition. (2) Only complete blocks of a residential street may be included in an elimination or modification of a resident-parking-only zone. A resident-parking-only zone may be eliminated on one or both sides of a residential street, but, if modified, must be consistent in days, times, conditions, and signage on both sides of the street. Each street block or side of a block designated as a modified residentparking-only zone must abut two or more lots limited to a single-family or duplex use, and the majority of the lots abutted by each street block or side of a block designated as a modified resident-parking-only zone must be limited to a single-family or duplex use. (3) Upon receipt of a petition to modify a resident-parking-only zone and a nomefundable $50 application fee, the director shall conduct a parking study at the location requested in the petition. The results of the study must indicate that, during the days and times proposed for the modified residentparking-only zone, more than 60 percent of the available parking space is in use and 20 percent or more of the vehicles using the parking space are not owned or operated by owners or occupants of residences or business establishments located within the resident-parking-only zone for which modification is requested. (4) The proposed modified residentparking-only zone may not eliminate ingress to or egress from any residence or business establishment located within the modified zone. (5) The applicants must pay the following fees to the director before a residentparking-only zone may be eliminated or modified: (A) a $10 charge for each residentparking-only sign required to be removed; (B) a $25 charge for each residentparking-only sign required to be changed to include modified information; and (C) a $42 charge for each new installation of a resident-parking-only sign. (d) The city council may, at any time, unconditionally eliminate or modify a residentparking-only zone designated under this division. (Ord. 23863) SEC. 28-121.16. RESIDENT-PARKING-ONLY PERMIT. (a) The director shall, upon application and payment of all applicable permit fees, issue residentparking-only permits, up to a maximum of six permits per residence or business establishment, to any person who is eligible for a permit. An applicant is eligible for a resident-parking-only permit if: (1) the applicant owns or occupies a residence or business establishment located within the resident-parking-only zone; and (2) the applicant and every other person owning or occupying the same residence or business establishment as the applicant: (A) has no unresolved parking citations issued by the city; (B) has no outstanding fines or warrants for a violation of this division; and (C) complies requirements of this division. (b) with all other The application for a permit must contain: (1) the applicant's name and an identifying number from the applicant's Texas driver's license, military identification card, passport, or personal identification card issued by the Texas Department of Public Safety; Dallas City Code 7/13 76G § 28-121.16 Motor Vehicles and Traffic (2) the name of every person 15 years of age or older who owns or occupies the same residence or business establishment as the applicant and, if applicable, an identifying number from that person's Texas driver's license, military identification card, passport, or personal identification card issued by the Texas Department of Public Safety; (3) the address of the applicant's residence or business establishment located within the resident-parking-only zone; (4) a statement that neither the applicant nor any other person owning or occupying the same residence or business establishment as the applicant has any unresolved parking citations issued by the city or any outstanding fines or warrants for a violation of this division; and (5) any other information the director determines necessary to the enforcement and administration of this division. (c) To prove that an applicant owns or occupies a residence or business establishment located within a resident-parking-only zone and to verify the contents of the application, the applicant shall present at the time of application: (1) a valid Texas driver's license, military identification card, passport, or personal identification card issued by the Texas Department of Public Safety, showing the applicant's current home address; and (2) a recent utility bill, acceptable to the director, that is addressed to the applicant and shows an address of a residence or business establishment located within the resident-parkingonly zone. (d) The annual fee for a resident-parkingonly permit is $6 for each permit issued to a residence or business establishment located within a residentparking-only zone. Each residence or business establishment located within a zone may apply for up to six permits. (e) When a motor vehicle is parked in a resident-parking-only zone, a permit must be conspicuously displayed in a manner and location approved by the director. A permit may only be § 28-121.17 displayed on a motor vehicle that is either owned or leased by an owner or occupant of the residence or business establishment to which the permit is issued or owned or leased by a visitor to the residence or business establishment to which the permit is issued. A permit authorizes the holder to stop, stand, or park a motor vehicle at any time in a resident-parking-only zone, unless such stopping, standing, or parking is prohibited or restricted by regulations other than those established under this division. A permit does not guarantee or reserve to the holder a parking space within the zone and does not exempt the holder from other applicable parking and traffic regulations. (f) (g) A permit is not transferable, except that a permit issued to a residence or business establishment located within a resident-parking-only zone may be displayed on a motor vehicle owned or leased by a visitor to that particular residence or business establishment. (h) A permit expires one year from the date of issuance and may be renewed by applying in accordance with this section. ( i) A lost, destroyed, or stolen permit may be replaced for a $6 fee. The permit holder must submit a signed affidavit stating that the permit was lost, destroyed, or stolen. (Ord. 23863) SEC. 28-121.17. TEMPORARY PARKING PERMITS. (a) A person who lawfully holds one or more resident-parking-only permits under Section 28121.16 may be issued additional temporary parking permits for the use of visitors attending a party or special event at the residence or business establishment for which the resident-parking-only permit is issued. An application for one or more temporary parking permits must be made to the director, on a form provided by the director, not less than 24 hours nor more than 72 hours before the party or event is scheduled to begin. (b) The fee for a temporary parking permit is $0.10 each. Each residence or business establishment located within a zone may receive up to 50 temporary parking permits in any calendar month. Dallas City Code 76H 7/13 § 28-121.17 Motor Vehicles and Traffic (c) A temporary parking permit may only be displayed on a motor vehicle owned or leased by a visitor to the residence or business establishment to which the permit is issued. The temporary parking permit must be conspicuously displayed on the vehicle in a manner and location approved by the director. (d) A temporary parking permit authorizes the holder to stop, stand, or park a motor vehicle for one day in a resident-parking-only zone, unless such stopping, standing, or parking is prohibited or restricted by regulations other than those established under this division. A temporary parking permit does not guarantee or reserve to the holder a parking space within the zone and does not exempt the holder from other applicable parking and traffic regulations. (e) A temporary parking permit expires at noon on the day following the date stamped on the permit. (Ord. 23863) § 28-121.18 (2) providing a maintenance, repair, delivery, or lawn service to a residence or business establishment located within the resident-parkingonly zone; (3) in the performance of official duties as a law enforcement officer, a government employee or contractor, or a utility company employee or contractor; or (4) operating an authorized emergency vehicle in the performance of official duties. (c) It is a defense to prosecution under Subsection (a)(2) of this section that the vehicle was owned or leased by a visitor to the residence or business establishment to which the permit was issued. (d) The director may revoke the residentparking-only permit of any person who: (1) violates Subsection (a) of this section; SEC. 28-121.18. OFFENSES; PERMIT REVOCATION. (a) (2) has an unresolved parking citation issued by the city; or A person commits an offense if he: (1) stops, stands, or parks a motor vehicle in a resident-parking-only zone without displaying a valid permit on the vehicle as required by this division; (3) stops, stands, or parks or allows the stopping, standing, or parking of a motor vehicle, other than one owned or leased by a visitor to the residence or business establishment, in a residentparking-only zone without: (A) a valid Texas license plate; (2) displays or allows the display of a permit on a motor vehicle that is not owned or leased by an owner or occupant of the residence or business establishment to which the permit was issued; or (3) falsely represents himself as being eligible for a resident-parking-only permit, submits false documents, or otherwise makes a false statement of a material fact on an application for a permit. (B) a valid inspection sticker; or (C) automobile liability insurance coverage in at least the minimum amounts required by the Texas Safety Responsibility Act. (b) It is a defense to prosecution under Subsection (a)(1) of this section that the person was: (e) A person who has had a resident-parkingonly permit revoked under Subsection (d) of this section may reapply for a permit in accordance with Section 28-121.16 of this division. The director may reinstate the permit if: (1) expeditiously loading or unloading passengers or property; (1) the applicant pays all fees required by this division; and Dallas City Code 7/13 761 § 28-121.18 Motor Vehicles and Traffic § 28-121.18 (2) the director determines that the applicant and every other person owning or occupying the same residence or business establishment as the applicant is in compliance with all requirements of this division. (f) The city council may, at any time, unconditionally revoke a resident-parking-only permit issued under this division. (Ord. 23863) [Ch. 28 continues with§ 28-122 on page 77] Dallas City Code 76J 7/13 § 28-122 Motor Vehicles and Traffic (b) The traffic engineer is authorized to erect signs prohibiting or restricting stopping, standing or parking of vehicles within the parking facility as may be deemed necessary to facilitate the flow of traffic. (Ord. 14584) Division 6. Dallas Convention Center Parking Facility. SEC. 28-122. AREA DESIGNATED. Any parking lot which is owned by the city and in the area bounded by Akard Street from Young Street to Canton Street, Canton Street from Akard Street to Griffin Street, Griffin Street from Canton Street to Young Street, and Young Street from Griffin Street to Akard Street is designated as the "Dallas Convention Center Parking Facility," referred to in this division as the "parking facility." (Ord. Nos. 14584; 15194) SEC. 28-123. PURPOSE. The parking facility shall be used to provide parking of vehicles operated by persons attending events at the Dallas Convention Center, by tenants renting or leasing the facilities of the center, and by the general public. (Ord. 14584) SEC. 28-124. CERTAIN VEHICLES PROHIBITED FROM STOPPING, STANDING OR PARKING. A person commits an offense if he stops, stands, or parks a vehicle having a gross weight in excess of 6,000 pounds, or a vehicle having an overall length in excess of 21 feet, or any trailer in the parking lot located within the Dallas Convention Center buildings. This section shall not apply to vehicles or trailers brought to the Dallas Convention Center buildings for exhibition purposes at a scheduled event or show. (Ord. 14584) SEC. 28-125. § 28-128.1 PARKING PROHIBITED; ERECTION OF SIGNS REGULATING SAME. SEC. 28-126. (Repealed by Ord. 20012) SEC. 28-127. AUTHORITY TO REMOVE ILLEGALLY PARKED VEHICLES. The director of convention and event services shall cause to have removed to the city pound any vehicle stopped, standing, or parked in violation of this division within the parking facility where signs have been erected, or any vehicle stopped, standing, or parked within the parking facility for a period exceeding 24 hours. The owner of the vehicle may redeem the vehicle in the same manner as vehicles impounded under other provisions of this code. (Ord. Nos. 14584; 17226; 22026; 23694; 24053) SEC. 28-128. AUTHORITY TO ISSUE PARKING CITATIONS TO ILLEGALLY PARKED VEHICLES. The director of convention and event services and any designated agents have the authority to enforce the provisions of this division and issue citations for violations of this division. (Ord. Nos. 14584; 17226; 22026; 23694; 24053) Division 6A. Dallas City Hall Parking Garage. SEC. 28-128.1. ( a ) A person commits an offense if he stops, stands, or parks a vehicle in violation of authorized signs which have been erected prohibiting or restricting stopping, standing or parking within the parking facility. RESERVED. AREA DESIGNATED. The subsurface area bounded approximately by Young Street from Akard Street to South Ervay Street, South Ervay Street from Young Street to Marilla Street, Marilla Street from South Ervay Street to Akard Street, Akard Street from Marilla Street to Young Street, and all vehicle ramps and pedestrian stairways connecting the subsurface area Dallas City Code 7/00 77 § 28-128.1 Motor Vehicles and Traffic to ground level is designated as the "Dallas City Hall Parking Garage," referred to in this division as the "parking garage." (Ord. 14911) SEC. 28-128.2. movement of a vehicle. The law which regulates the movement of vehicles on public streets by official traffic control devices shall apply to the movement of vehicles in the parking garage when an authorized sign is erected regulating vehicular movement. PURPOSE. The parking garage will be used to provide parking for vehicles of city employees and the general public, to store city vehicles, and to accommodate, by special arrangement, persons attending the Dallas Convention Center and the Dallas City Hall. (Ord. 14911) SEC. 28-128.3. CERTAIN VEHICLES PROHIBITED FROM ENTERING. (b) The traffic engineer is authorized to erect signs which prohibit or restrict the stopping, standing, or parking of vehicles in the parking garage and any other signs which may be necessary to regulate vehicular movement. Signs are to conform to the Manual and Specifications adopted by the State Highway Commission of the State of Texas, as set forth in Article 6701d, Revised Civil Statutes of the State of Texas. (Ord. 14911) SEC. 28-128.5. ( a ) A person commits an offense if, as the operator of a vehicle, he enters a vehicle ramp of the parking garage and the vehicle: has a gross weight in excess of 6,000 (2) has an overall length in excess of 21 pounds; feet; (3) has an overall height in excess of six feet nine inches; or is attached to a trailer. (b) It is a defense to prosecution under this section that the person is making an authorized delivery at the loading dock and gained access to the loading dock through the lower level of the Dallas Convention Center Parking Facility. (Ord. 14911) FAILURE TO OBEY SIGNS PROHIBITED: ERECTION OF SIGNS. ILLEGALLY PARKED VEHICLES - AUTHORITY TO REMOVE AND ISSUE PARKING CITATIONS. ( a ) The director of equipment and building services, or a designated agent, may remove to the city pound any vehicle stopped, standing, or parked in the parking garage in violation of this division. (b) The director of equipment and building services, or a designated agent, have authority to enforce the provisions of this division and to issue citations for violations of this division and the speed limit designated in Section 28-52 of this chapter. (Ord. Nos. 14911; 19312; 19679; 22026; 23694) SEC. 28-128.7. SEC. 28-128.4. RESERVED. (Repealed by Ord. 20012) SEC. 28-128.6. (1) (4) § 28-128.7 TRAFFIC CONTROL. ( a ) Designated employees of the department of equipment and building services shall direct traffic by voice, hand, or signal in the parking garage. ( a ) A person commits an offense if, as the operator of a vehicle, he stops, stands, or parks the vehicle in violation of an authorized sign which prohibits or restricts the stopping, standing, or parking of a vehicle in the parking garage, or he fails to obey an authorized sign which regulates the (b) If a person fails or refuses to comply with a traffic directive of a designated employee of the department of equipment and building services, the employee may remove the person from the parking garage. (Ord. Nos. 14911; 19312; 22026; 23694) Dallas City Code 78 7/00 § 28-128.8 Motor Vehicles and Traffic Division 6B. Bullington Street Truck Terminal. SEC. 28-128.8. services or a designated agent in accordance with Section 28-128.10. (Ord. Nos. 18408; 19312; 22026; 23694) AREA DESIGNATED. The subsurface area located two levels below Thanksgiving Square and bounded approximately by Bryan Street from Ervay Street to Pacific Avenue, Ervay Street from Pacific A venue to Bryan Street, and Pacific Avenue from Bryan Street to Ervay Street, and all vehicle ramps and pedestrian stairways connecting this subsurface area to upper levels is designated as the "Bullington Street Truck Terminal," referred to in this division as the "terminal." (Ord. Nos. 18408; 22026; 23694) SEC. 28-128.9. § 28-128.15 SEC. 28-128.12. STOPPING, STANDING, OR PARKING PROHIBITED. (a) A person commits an offense if, during normal operating hours, he stops, stands, or parks a vehicle in the terminal for any purpose other than the expeditious unloading and delivery or pickup and loading of materials to or from a business located within a building opening into the terminal. (b) A person commits an offense if, during normal operating hours, he stops, stands, or parks a vehicle in the terminal for a period exceeding 30 minutes. (Ord. Nos. 18408; 22026; 23694) PURPOSE. The terminal will be used for the expeditious unloading and delivery or pickup and loading of materials to or from businesses located within buildings opening into the terminal. (Ord. Nos. 18408;22026;23694) SEC. 28-128.10. OPERATING HOURS. The normal operating hours of the terminal are from 6 a.m. to 5 p.m., Monday through Friday. A person may, upon giving 24 hours' notice, obtain permission from the director of equipment and building services, or a designated agent, to use the terminal outside of normal operating hours. A fee of $28 an hour will be charged for use of the terminal outside of normal operating hours. (Ord. Nos. 18408; 19312;22026;23694) SEC. 28-128.11. CERTAIN VEHICLES PROHIBITED DURING NORMAL OPERATING HOURS. SEC. 28-128.13. PERMISSION FROM DIRECTOR; DEFENSES. (a) Upon determining that the conduct would not interfere with the orderly and efficient operation of the terminal, the director of equipment and building services, or a designated agent, may give a person, in writing, permission to engage in conduct prohibited by Section 28-128.11(a) or 28-128.12. (b) It is a defense to prosecution under Sections 28-128.11(a) and 28-128.12 that the person had written· permission to engage in the prohibited conduct from the director of equipment and building services, or a designated agent. (Ord. Nos. 18408; 19312;22026;23694} SEC. 28-128.14. RESERVED. (Repealed by Ord. 20012) (a) A person commits an offense if, during normal operating hours, he enters a vehicle ramp of the terminal while operating a truck-tractor, semitrailer, pole trailer, or trailer. SEC. 28-128.15. AUTHORITY TO REMOVE VEHICLES AND ISSUE CITATIONS. (b) A person operating a truck-tractor, semitrailer, pole trailer, or trailer may use the terminal outside of normal operating hours if permission is obtained from the director of equipment and building (a) The director of equipment and building services, or a designated agent, may remove to the city pound any vehicle stopped, standing, or parked in the terminal in violation of this division. Dallas City Code 4/10 79 § 28-128.15 Motor Vehicles and Traffic (b) The director of equipment and building services, or a designated agent, have authority to enforce the provisions of this division and to issue citations for violations of this division and for violations of the speed limit designated in Section 28-52.1 of this chapter. (Ord. Nos. 18408; 19312; 19679;22026;23694) SEC. 28-128.16. TRAFFIC CONTROL. (a) Designated employees .of the department of equipment and building services shall direct traffic by voice, hand, or signal in the terminal. (b) A person commits an offense if he fails or refuses to comply with a traffic directive of a designated employee of the department of equipment and building services. A designated employee ofthe department of equipment and building services may cause the removal from the terminal of any person committing an offense under this subsection. (Ord. Nos. 18408;19312;19679;22026;23694) Division 7. Administrative Adjudication of Parking Violations. SEC. 28-129. SEC. 28-130. establish such rules or regulations, not inconsistent with this division, as the director determines are necessary to discharge the director's duty under or to effect the policy of this division. (b) The chief of police shall implement ana enforce the provisions of this division relating to the issuance, service, and enforcement of parking citations and the collection of fines and costs and may by written order establish such rules or regulations, not inconsistent with this division, as the director [chief of police] determines are necessary to discharge the duty of the chief of police under or to effect the policy of this division. (Ord. Nos. 14584; 20012; 21612; 27697) SEC. 28-130.1. GENERAL AUTHORITY AND DUTY OF DIRECTOR AND CHIEF OF POLICE. (a) The director shall implement and enforce the provisions of this division relating to hearing officers, administrative adjudication hearing procedures, and appeals and may by written order HEARING OFFICERS; POWERS, DUTIES, AND FUNCTIONS. (a) Hearing officers shall be appointed by the city manager, or a designated representative, to administratively adjudicate all parking violations for which a parking citation has been issued under this chapter or under Chapter 32 of this code. (b) Hearing officers shall have the following powers, duties, and functions: PARKING VIOLATIONS MADE CIVIL OFFENSES. Every violation of a provision of this chapter or of Chapter 32 of this code governing the stopping, standing, or parking of a vehicle is a civil offense. In addition to being subject to the criminal penalties and procedures established in Chapter 51A of this code, a violation of Section 51A-4.301(d)(5) governing the parking of a motor vehicle on an unapproved surface may also be adjudicated as a civil offense under this division. (Ord. Nos. 14584; 20012; 20269; 21612; 22340) § 28-130.1 (1) To administer oaths. (2) To accept admissions to, and to hear and determine contests of, parking violations under this chapter. (3) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court. (4) To assess fines, penalties, and other costs for a parking violation in accordance with Section 28-130.9 of this chapter. (5) To waive penalties assessed for a parking violation in accordance with Section 28-130.9 of this chapter. (6) To preside over, hear evidence, and make findings at immobilization/ impoundment hearings in accordance with this chapter. (Ord. Nos. 20012; 21612) Dallas City Code 80 4/10 § 28-130.2 Motor Vehicles and Traffic SEC. 28-130.2. PARKING CITATIONS; FORM. (a) A parking citation serves as the summons and complaint for purposes of this division. (b) A parking citation must be on a form prescribed by the chief of police and must include the following information: (1) the nature, date, time, and location of the alleged parking violation and the meter number, if applicable; (2) the state license plate number of the illegally parked vehicle, or if not visible or legible, the vehicle identification number or the brake inspection tag number; (3) the make of the illegally parked vehicle; (4) the date, time, and location of the administrative adjudication hearing, to be set not later than 15 calendar days after the date of issuance of the parking citation; (5) a notification that the person charged with the parking violation has the right to an instanter hearing any business day before the scheduled administrative adjudication hearing; and (6) a notification that failure to timely appear at either an instanter hearing or a scheduled administrative adjudication hearing is considered an admission of liability for the parking violation charge and will result in the assessment of appropriate fines, penalties, and costs and may result in the immobilization, towing, and impoundment of the vehicle for which the citation was issued. (c) The original or any copy of a parking citation is a record kept in the ordinary course of city business and is prima facie evidence of the facts contained in the parking citation. (Ord. Nos. 20012; 20269;21612;27697) SEC. 28-130.3. SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE. (a) A parking citation must be served personally upon the operator of a vehicle who is § 28-130.4 present at the time of service. If the operator is not present, or cannot otherwise be personally served, the parking citation must be served upon the registered owner of the vehicle by affixing the parking citation to the vehicle in a conspicuous place. (b) An operator of a vehicle who is not the vehicle's owner, but who uses or operates the vehicle with the express or implied permission of the owner, shall be considered the owner's agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section. (c) If the owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the parking violation while the issuing officer is preparing the parking citation, or refuses service of the parking citation, this fact shall be noted on the original and all copies of the parking citation. (d) The original parking citation must be signed by the issuing officer who shall affirm the truth of the facts set forth in the citation. (e) The original and all copies of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with the provisions of this section. (Ord. Nos. 20012; 21612) SEC. 28•130.4. LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY. (a) Except as provided in Subsection (b), the registered owner and the operator of a vehicle, when not the same, shall both be liable to the city for a parking violation charge, except that the operator of a vehicle shall be solely liable if the owner can prove that the vehicle was operated without the owner's express or implied consent. A vehicle owner who pays any civil fines, penalties, or costs pursuant to this division shall have the right to recovery from the vehicle operator. (b) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for parking fines, penalties, and costs imposed by the city on a rented or leased vehicle if, within 30 days Dallas City Code 4/10 81 § 28-130.4 Motor Vehicles and Traffic after receiving written notice of a parking violation, the vehicle owner provides in affidavit form the true name, address, and driver's license number and state of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. (c) A lessor of a vehicle who fails to comply with Subsection (b) shall be treated as any other vehicle owner and shall be liable with the vehicle operator for a parking violation charge. (d) It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not yet been recovered. (e) In any hearing to administratively adjudicate a parking citation, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. Nos. 20012; 21612) § 28-130.6 administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date. (4) A request for perm1ss1on from a hearing officer to adjudicate by mail. (5) A request to reset a scheduled administrative adjudication hearing from the date shown on the parking citation. A scheduled hearing may not be reset more than once unless the person charged pays to the chief of police an amount equal to the applicable civil fine for the parking violation, with any additional penalties and costs. The chief of police shall issue a receipt for any amounts paid under this paragraph. After presentation of the receipt, all amounts paid will be refunded to the person charged if the hearing officer, or a municipal court on appeal, finds that the person is not liable for the parking violation. (b) Payment of the civil fine and any additional penalties and costs may be made in person or by mailing to the chief of police the parking citation accompanied by payment of the amount shown on the citation. Payment by mail may be made only by money order or check made out to the city. Payment of the civil fine and all penalties and costs assessed pursuant to this division shall operate as a final disposition of the parking violation charge, except when payment is made to reset a scheduled hearing or to file an appeal. (Ord. Nos. 20012; 21612; 27697) SEC. 28-130.5. ANSWERING A PARKING CITATION. SEC. 28-130.6. (a) A person who has been issued a parking citation shall answer to the charge of the parking violation by the date shown on the citation. An answer may be made in any of the following ways: (1) An admission of liability with payment of the applicable civil fine, and any additional penalties and costs. (2) A denial of liability made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date. ADJUDICATION BY MAIL. (a) If a person charged with a parking violation shows good cause for not attending a hearing, either personally or through a representative, the hearing officer may permit the matter to be adjudicated by mail, which adjudication must be completed within 90 calendar days of the date of the citation. (b) Letters, memoranda, affidavits, photographs, and other documentary materials shall be admissible as evidence for the purposes of adjudication by mail. The hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. (3) An admission of liability with an explanation made before a hearing officer at an Dallas City Code 82 4/10 Motor Vehicles and Traffic § 28-130.6 (c) Failure of the person charged to proceed with an adjudication by mail after requesting and receiving permission to adjudicate by mail is an admission by the person charged of liability for the parking violation and shall subject the person who requested the adjudication by mail to the appropriate civil fines, penalties, and costs assessed by the hearing officer. (d) If a hearing officer determines that an adjudication cannot proceed by mail, the hearing officer shall advise the person charged by first class mail that the person must appear to answer the charge at a hearing. (Ord. Nos. 20012; 21612) fine and any penalties and other costs in accordance with this division, and notifying the person of the right to appeal to municipal court; or (2) finding the person charged not liable for the parking violation. (e) An order of a hearing officer must be filed 'with the city department of public works in a separate index and file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. (Ord. Nos. 20012; 21612;22026;28424) SEC. 28-130.8. SEC. 28-130.7. HEARINGS FOR DISPOSITION OF A PARKING CITATION; PARKING CITATION AS PRIMA FACIE EVIDENCE. (a) Every hearing for the adjudication of a parking violation charge under this chapter shall be held before a hearing officer. (b) At a hearing, the parking citation is prima facie proof of its contents and the officer or other authorized person who issued the parking citation is not required to be present; except, that the issuing officer or other authorized person shall be present at a scheduled administrative adjudication hearing if requested by the person charged or by the hearing officer. (c) At a hearing, the hearing officer shall hear and consider evidence presented by the city and by the person charged. The formal rules of evidence do not apply to a hearing tmder this division, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this division or other applicable law. (d) At the conclusion of an instanter or a scheduled administrative adjudication hearing, the hearing officer shall immediately render an order or decision, either by: finding the person charged liable for the parking violation, assessing the applicable civil (1) § 28-130.8 FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING. (a) The failure of any person charged with a parking violation to answer to the charge within 15 calendar days after the date of issuance of the parking citation or to appear at any hearing, including a hearing on appeal, when required to appear is an admission of liability for the parking violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the person charged with the violation the appropriate civil fines, penalties, and other costs. (b) Within seven 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 Transportation, 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. (Ord. Nos. 20012; 21612) Dallas City Code 2/12 83 § 28-130.9 SEC. 28-130.9. Motor Vehicles and Traffic FINE SCHEDULE; OTHER FEES. (a) The following is the schedule of civil fines for parking violations under this chapter, Chapter 32, and Chapter 51A of this code that are made civil offenses under this division: VIOLATION FINE (1) Section 28-8l.l(a)(2)(B) or (G) $110 (2) Section 28-159.1 $50 (3) Section 28-76, 28-76.3, 28-81.1(a)(1}, 28-81.1(a)(2)(C}, (D), (E), or (F), 28-88, or 28-96 Section 28-80, 28-81, 28-81.1(a)(2)(A}, 28-82, 28-86, 28-87, 28-101, or 28-102 $35 (5) Section 51A-4.301(d}(5) $50 (6) Any other parking violation $30 officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: (1) through no fault of the vehicle owner or operator, or agent of the vehicle owner or operator: (A) no notice of the parking violation was received as required by this article; (B) no notice of the hearing officer's order was received as required by this article; or $40 (4) § 28-130.10 (C) payment of the fine assessed for the parking violation was not posted in a timely manner; (b) If a civil fine is assessed under this division, it must be in accordance with this section. A fine may not be waived or modified by a hearing officer, or by a municipal court on appeal, except that additional penalties and other costs may be added in accordance with this section. (c) An additional penalty in an amount equal to the original fine will be assessed if a vehicle owner or operator, or the agent of the owner or operator, fails to: (1) answer to a parking violation charge within 15 calendar days after the date of issuance of the parking citation or fails to appear at any hearing scheduled after 15 calendar days from the date of the parking citation; or (2) after being found liable, pay all civil fines, fees, and costs assessed for a parking violation within the time designated by the hearing officer. (d) An additional penalty of $30 will be assessed if a vehicle owner or operator, or the agent of the owner or operator, fails to pay all civil fines, fees, penalties, and costs assessed for a parking violation within 31 calendar days after the assessment of the additional penalty described in Subsection (c). (e) A penalty assessed under Subsection (c) or (d) of this section may be waived by a hearing (2) the penalty was assessed in error; or (3) the vehicle was at the time of the violation stopped, stood, or parked in response to a medical emergency. (f) In addition to all fines, penalties, and other costs assessed under this division, a person found liable for a parking violation shall pay a court cost of $5 as required by Article 102.014 of the Texas Code of Criminal Procedure. (g) The minimum fine established in Subsection (a)(4) of this section must be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. (Ord. Nos. 20012; 20269; 21004; 21194;21612;22340;24411;26309;27210;27553) SEC. 28-130.10. ENFORCEMENT OF ORDER. A hearing officer's order may be enforced by: (1) impounding the vehicle that is the subject of the order when it is found on any public street, right-of-way, easement, or other public or city-owned property, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all fines, penalties, and costs assessed by the hearing officer; Dallas City Code 84 2/12 § 28-130.10 Motor Vehicles and Traffic (2) placing a boot on the vehicle that is the subject of the order when it is found on any public street, right-of-way, easement, or other public or city-owned property, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all fines, penalties, and costs assessed by the hearing officer; (3) imposing an additional penalty to a civil fine not paid within the designated period; (4) denying any parking permit; or (5) refusing to allow the registration of the vehicle that is the subject of the order as provided by Article 6675a-2, Vernon's Texas Civil Statutes. (Ord. Nos. 20012; 20965; 21612) SEC. 28-130.11. IMMOBILIZATION/ IMPOUNDMENT HEARING. (a) The registered owner of a vehicle that is immobilized or impounded for the purpose of enforcing a hearing officer's order shall have the right to a prompt immobilization/impoundment hearing before a hearing officer. (b) The request for an immobilization/ impoundment hearing must be made in writing to the director, on a form provided for that purpose, within three calendar days from the date the vehicle was immobilized or impounded, whichever occurred first. (c) An immobilization/impoundment hearing must be held within 48 hours after the director receives the request for a hearing, excluding Saturdays, Sundays, and city holidays, at the parking adjudication office or at such other convenient and reasonable place as the hearing officer may designate. (d) The issue to be determined at the immobilization/impoundment hearing is whether the immobilization or impoundment of the vehicle was authorized by this chapter. (e) The immobilization or impoundment of a vehicle is valid if it complies with the requirements of this chapter, unless the vehicle owner or operator, § 28-130.12 or agent of the vehicle owner or operator, can establish that: (1) the vehicle was registered to and operated by another person at the time the unresolved parking violations occurred; (2) the vehicle was being operated 'without the owner's express or implied consent at the time the unresolved parking violations occurred; (3) through no fault of the owner, notice of the unresolved parking violations was never received as required by this article; (4) one or more citations for the unresolved parking violations are defective and, if dismissed, would leave no more than two unresolved parking violations within the calendar year; or (5) at the time of immobilization or impoundment of the vehicle, the registered owner had no more than two unresolved parking violations within the calendar year. (f) The determination of the hearing officer at the immobilization/impoundment hearing is final and is not subject to appeal. (g) If the hearing officer determines that immobilization or impoundment of a vehicle was not valid, all fees paid for immobilization, towage, storage, and impoundment of the vehicle and any other amount paid to redeem the vehicle shall be refunded, including any fines, penalties, and costs for any parking violation that the hearing officer determines should not have been considered in counting parking violations for the purposes of immobilizing or impounding the vehicle. Any fines, penalties, and costs paid for a parking violation for which the registered owner was liable will not be refunded. (Ord. 21612) SEC. 28-130.12. APPEAL FROM HEARING. (a) A person determined by a hearing officer, at either an instanter or scheduled administrative adjudication hearing or by failure to answer a parking citation or appear at a hearing in the time required, to be liable for a parking violation may Dallas City Code 2/12 85 § 28-130.12 Motor Vehicles and Traffic appeal this determination to the municipal court by filing a petition, along with a filing fee of $15, with the municipal court clerk or a deputy clerk within 30 calendar days after the hearing officer's order is filed with the department of public works. If the hearing officer's order is reversed, the $15 filing fee shall be returned by the city to the appellant. (b) Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. The officer or other authorized person who issued the parking citation is not required to be present at the appeal hearing unless requested by the person charged or by the municipal court. (c) The appeal hearing must be a trial de novo in municipal court and is a civil proceeding for the purpose of affirming or reversing the hearing officer's order. The person filing the appeal may request that the hearing be held before a jury. The decision from the municipal court is final. (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 filing the appeal pays to the chief of police an amount equal to all civil fines, penalties, and costs assessed against the person charged. The chief of police shall issue a receipt for any amounts paid under this subsection. After presentation of the receipt, all amounts paid will be refunded if the hearing officer's order is overturned on appeal. (Ord. Nos. 20012; 21194;21612;22026;27697;28424) SEC. 28-130.13. DISPOSITION OF FINES, PENALTIES, AND COSTS. (a) Except as provided in Subsection (b) of this section, all fines, penalties, and costs assessed under this division must be paid into the city's general fund for the use and benefit of the city. (b) All court costs assessed under Section 28130.9(f) of this chapter must be deposited into the municipal child safety fund established under Chapter 106 of the Texas Local Government Code. (Ord. Nos. 20012; 21004; 21612; 26309) § 28-131 ARTICLE XII. SPECIAL PROVISIONS FOR LOVE FIELD AND DALLAS EXECUTIVE AIRPORT. SEC. 28-131. DEFINITIONS. In this article: (1) AUTHORIZED VEHICLE means a vehicle approved by the director of aviation that displays on its windshield, or other conspicuous place, if the vehicle has no windshield, a permit issued by the director of aviation designating the vehicle as an authorized vehicle. (2) DALLAS EXECUTIVE AIRPORT means that airport owned and operated by the city, including terminals, buildings, hangars, shops, roads, entrance roads, exit roads, perimeter roads, service roads, driveways, ramps, taxiways, runways, parking areas, loading areas, special use areas, and adjacent grounds, bounded generally by Hampton Road on the East, Ledbetter Drive on the North, Paradise Avenue on the West, and Redbird Lane and U. S. Highway 67 on the South. (3) DIRECTOR OF AVIATION means the director of aviation of the city. (4) LOADING ZONE means a space adjacent to a curb, sidewalk, or building reserved for the exclusive use of vehicles loading or unloading materials. (5) LOVE FIELD means the airport owned and operated by the city, including terminals, buildings, hangars, shops, roads, entrance roads, exit roads, perimeter roads, service roads, driveways, ramps, taxiways, runways, parking areas, loading areas, special use areas, and adjacent grounds, bounded generally by Mockingbird Lane on the Southeast; Lemmon Avenue on the East and North; Shorecrest Drive and Love Field Drive on the Northwest and West; and Lipsitz, Brookfield, Denton Drive, Roanoke and Cedar Springs Road on the South. (6) PASSENGER LOADING ZONE means a space adjacent to a curb, sidewalk, or Dallas City Code 86 2/12 § 28-131 Motor Vehicles and Traffic building for the exclusive use of vehicles loading and unloading passengers arriving and departing from Love Field or Dallas Executive Airport. (Ord. Nos. 14584; 24859) driveways, ramps, or taxiways in any direction except the direction indicated by the signs. (Ord. Nos. 14584; 24859) SEC. 28-134. SEC. 28-132. SPEED RESTRICTIONS; REASONABLE AND PRUDENT. A person commits an offense if he operates a vehicle upon a road, street, entrance road, exit road, perimeter road, service road, driveway, ramp, taxiway, runway, parking area, loading area, or other area restricted by the traffic engineer to special uses, within Love Field or Dallas Executive Airport at a speed greater than is reasonable and prudent under the conditions then existing, having regard to special, actual, or potential hazards, and a person shall control the speed of the vehicle as necessary to avoid colliding with any person, vehicle, or other object, in compliance with the legal duty of all persons to use due care. (Ord. Nos. 14584; 24859) DESIGNATION OF ONE-WAY ROADS. ( a ) The main entrance road leading from Mockingbird Lane to the Love Field Terminal Building is designated a one-way road, and a person commits an offense if he operates or drives a vehicle upon this road in any direction except North, as indicated by signs placed in conspicuous places by the traffic engineer. (b) The main exit road leading from the Love Field Terminal Building to Mockingbird Lane is designated a one-way road, and a person commits an offense if he operates or drives a vehicle upon this road in any direction except South, as indicated by signs placed in conspicuous places by the traffic engineer. (c) The traffic engineer may designate any other road, lane, service road, perimeter road, driveway, ramp, or taxiway at Love Field or Dallas Executive Airport as one-way for movement of vehicles by posting signs indicating directions for vehicle movement. A person commits an offense if he operates or drives a vehicle upon these roads, lanes, ERECTION OF "DO NOT ENTER" SIGNS; OBEDIENCE TO "DO NOT ENTER" SIGNS. The traffic engineer may erect signs lettered "do not enter" in prominent letters at the entrance to any road, street, lane, driveway, ramp, taxiway, runway, or area at Love Field or Dallas Executive Airport. A person commits an offense if he operates or drives a vehicle past a "do not enter" sign; except, this section does not apply to authorized vehicles, designated by the director of aviation. Pedestrians shall obey the "do not enter" signs the same as operators of vehicles, and pedestrians shall not enter any area of Love Field or Dallas Executive Airport except by regularly provided entrances. (Ord. Nos. 14584; 24859) SEC. 28-135. SEC. 28-133. § 28-136 ERECTION OF STOP SIGNS; OBEDIENCE TO STOP SIGNS. The traffic engineer shall, upon the basis of traffic investigations, erect stop signs within Love Field and Dallas Executive Airport at intersections of roads, lanes, driveways, ramps, taxiways, and runways, and at any place along such roads, lanes, driveways, ramps, taxiways, or runways, where a traffic investigation indicates a traffic hazard exists. A person commits an offense if he operates or drives a vehicle past a stop sign without first having brought the vehicle to a complete stop and ascertaining that forward movement can be made with safety. (Ord. Nos. 14584; 24859) SEC. 28-136. ERECTION OF TURN SIGNS; OBEDIENCE TO TURN SIGNS. The traffic engineer may erect "no turn," "no right turn," or "no left turn" signs within Love Field and Dallas Executive Airport at intersections of roads, lanes, ramps, driveways, taxiways, or runways. A person commits an offense if he operates or drives a vehicle in such a manner as to execute a turn prohibited by these signs. (Ord. Nos. 14584; 24859) Dallas City Code 9/02 87 § 28-137 SEC. 28-137. Motor Vehicles and Traffic AUTHORIZATION TO ESTABLISH NO PARKING, STOPPING, OR STANDING SIGNS. SEC. 28-140. The traffic engineer may establish no parking, no stopping, and no standing zones within Love Field and Dallas Executive Airport adjacent to curbs, sidewalks, or buildings, or near entrances to buildings, by posting signs warning operators of vehicles of the restrictions of no parking, stopping, or standing zones. A person commits an offense if he parks, stops, or stands a vehicle in a zone in violation of the posted signs. (Ord. Nos. 14584; 24859) SEC. 28-138. AUTHORIZATION TO ESTABLISH PASSENGER LOADING ZONES. The traffic engineer may establish passenger loading zones alongside curbs, sidewalks, or buildings at Love Field and Dallas Executive Airport by designating the zones with bright paint and lettering or by posting signs. A person commits an offense if he parks a vehicle in a passenger loading zone or stops or stands a vehicle in a passenger loading zone except to load or unload passengers. A person shall not stop or stand a vehicle in a passenger loading zone for a period longer than two minutes. (Ord. Nos. 14584; 24859) SEC. 28-139. AUTHORIZATION TO ESTABLISH LOADING ZONES. The traffic engineer may establish loading zones for the loading and unloading of material at Love Field and Dallas Executive Airport. A person commits an offense if he stops, stands, or parks a vehicle in a loading zone other than for the expeditious unloading and delivery or for the pick-up and loading of material. A person may stop or stand in a loading zone for the purpose of loading or unloading materials for a period not to exceed 15 minutes except on written permission from the director of aviation for a longer period, limited to the time necessary to complete one undertaking. (Ord. Nos. 14584; 24859) § 28-140 AUTHORIZATION TO ESTABLISH SPECIAL USE ZONES, CALL BOX STANDS, ETC. ( a ) The traffic engineer may designate areas or zones at Love Field and Dallas Executive Airport in which only vehicles of a special kind or type are authorized to park, stop, stand, or operate, by posting signs to that effect. A person commits an offense if he operates or drives a vehicle, or parks, stops, or stands a vehicle, in any such area or zone, unless the vehicle is the special kind or type authorized to enter, park, stop, or stand in the area or zone. (b) The traffic engineer is authorized to establish taxicab call box stands in areas or zones at Love Field and Dallas Executive Airport as the traffic engineer deems necessary. The traffic engineer shall take into consideration the need for stands by the holder and the convenience to the general public. For purposes of this section, the term "holder" means any person holding a taxicab franchise in the city or operating under an operating contract. For the purposes of this section, the word "taxicab" includes "limousine." A holder desiring to establish a call box stand at Love Field or Dallas Executive Airport shall make written application to the traffic engineer. When a call box stand has been established, it shall be used solely by the holder to whom it was granted and the holder’s agents and servants, and no other holder shall use it. The signs designating the call box stand area must indicate the holder for whom the call box stand was established. (c) The director of aviation shall designate the periods of service and the number of starters or other employees for the purposes of assisting in loading or unloading passengers from taxicabs, receiving calls and dispatching taxicabs, and soliciting passengers at call box stands at Love Field and Dallas Executive Airport. Call box stands consist of that part of the sidewalk immediately adjacent to, and of equal length with, the designated area and all other areas specifically assigned for the use. (d) The traffic engineer is authorized to establish public taxicab stands in areas or zones at Love Field and Dallas Executive Airport as the traffic engineer deems necessary. For the purposes of this section, the term "public taxicab stand" means an area designated for the use of any holder who has not Dallas City Code 88 9/02 § 28-140 Motor Vehicles and Traffic § 28-147 been allocated a call box stand at the airport facility. SEC. 28-144. (e) The traffic engineer shall establish the capacity of the call box stands and public taxicab stands. The number of taxicabs, limousines, or other vehicles of the holder located or parked in a stand at any one time shall not exceed the capacity so established. Vehicles illegally parked or stopped in violation of this article shall be removed or impounded in the same manner as provided for removal of illegally parked or stopped vehicles on the public streets. (Ord. Nos. 14584; 24859) (f) The chief of police and the director of aviation shall enforce the provisions of this section. Definitions in Chapter 45 of this code apply to this section except as specifically modified. (Ord. Nos. 14584;17226;19312;24859) SEC. 28-141. DESIGNATION OF PUBLIC PARKING AREAS. The traffic engineer, upon approval of the director of aviation, shall designate areas at Love Field and Dallas Executive Airport for the parking of vehicles by the public and may post signs regulating the entrance, departure, and manner of parking of vehicles. A person commits an offense if he operates, parks, stops, or stands a vehicle in violation of the posted signs. (Ord. Nos. 14584; 24859) SEC. 28-142. REMOVAL OF ILLEGALLY PARKED VEHICLES. I SEC. 28-145. THROWING OF BOTTLES, ETC., ON STREETS, ROADS, ETC. A person commits an offense if he throws, deposits, or drops a bottle, can, trash, debris, junk, or other object upon any of the parking areas, streets, roads, or driveways at Love Field or Dallas Executive Airport. (Ord. Nos. 14584; 24859) SEC. 28-146. ISSUANCE OF TRAFFIC TICKETS OR NOTICES TO VIOLATORS OF THIS ARTICLE. Officers of the police department shall issue traffic tickets or notices to answer charges to violators of the provisions of this article in the same manner as tickets and notices are issued for other offenses. (Ord. Nos. 14584; 24859) VEHICLES NOT TO BLOCK ROADS, DRIVEWAYS, RAMPS, TAXIWAYS, OR ENTRANCES. ARTICLE XIII. VIOLATIONS AND PENALTIES. A person commits an offense if he parks, stops, or stands a vehicle in a road, driveway, ramp, taxiway, parking area, or loading area or in front of the entrance of any building at Love Field or Dallas Executive Airport in a manner that blocks, obstructs, or impedes the free passage of vehicles or pedestrians. (Ord. Nos. 14584; 24859) SEC. 28-143. RESTRICTED AREAS. A person commits an offense if he operates, drives, parks, stops, or stands a vehicle on a service road, ramp, perimeter road, taxiway, or runway at Love Field or Dallas Executive Airport. This section does not apply to operators of authorized vehicles. (Ord. Nos. 14584; 24859) SEC. 28-147. PROCEDURE UPON ARREST FOR VIOLATION OF CHAPTER. When a person is arrested for violating a provision of this chapter and is not immediately taken before a magistrate, the arresting officer shall take the person's name, address, the driver's license number and registration of his vehicle, if any, and issue to the person, in writing, on a form provided by the city, a notice specifying the offense charged and commanding the person to answer to the charge against him in not less than 10 days at the time and place specified in the notice. The arresting officer shall have the arrested person give his written promise to answer as specified in the notice, and upon Dallas City Code 2/12 89 § 28-147 securing such written promise, shall release such person from custody. (Ord. 14584) SEC. 28-148. GIVING FALSE NAME UPON ARREST FOR TRAFFIC VIOLATION. A person, upon being arrested by a police officer for a violation of a traffic law or ordinance, shall give the arresting officer, as his name, his true and correct name. (Ord. 14584) SEC. 28-149. § 28-156 Motor Vehicles and Traffic GIVING FALSE ADDRESS UPON ARREST FOR TRAFFIC VIOLATION. SEC. 28-152. PAYMENT OF FINES; WHEN PLEADING GUILTY. A person who has received a notice to appear in answer to a traffic charge under this chapter may within the time specified in the notice appear at the office of the clerk of the municipal court and answer the charge set forth in such notice by paying a ' prescribed fine, and in writing, pleading guilty to the charge, waiving a hearing in court and giving power of attorney to the clerk of the municipal court to make the plea and pay the fine in court. (Ord. 14584) SEC. 28-153. DISPOSITION OF FINES AND FORFEITURES. A person, upon being arrested by a police officer for a violation of a traffic law or ordinance, shall give the arresting officer, as his address, his true and correct address. (Ord. 14584) All fines or forfeitures collected upon conviction or upon the forfeiture of bond of any person charged with a violation of a provision of this chapter shall be paid into the city treasury and deposited in the general fund. (Ord. 14584) SEC. 28-150. SEC. 28-154. VIOLATION OF WRITTEN PROMISE TO APPEAR. (a) Any person intentionally violating his written promise to appear in court, given as provided in this article, is guilty of an offense regardless of the disposition of the charge upon which he was originally arrested. (b) A written promise to appear in court, given as provided in this article, may be complied with by an appearance of counsel. (Ord. Nos. 14584; 19963) AUTHORITY TO ARREST WITHOUT WARRANT FOR VIOLATIONS OF CHAPTER. Any police officer is authorized to arrest without warrant any person found committing a violation of any provision of this chapter. (Ord. 14584) SEC. 28-155. RESERVED. ARTICLE XIV. SEC. 28-151. FREEWAY REGULATIONS. PROCEDURE UPON FAILURE OF TRAFFIC VIOLATOR TO APPEAR. If the violator fails to appear within the time designated in the notice, the clerk of the municipal court shall proceed to arrest the violator and bring him before the municipal court. (Ord. 14584) SEC. 28-156. VEHICULAR ACCESS TO ENUMERATED STREETS TO BE DESIGNATED. Vehicular access to and from the main traveled portion of the following described streets or freeways must be designated by the traffic engineer in accordance with the approved traffic and safety patterns of the city: Dallas City Code 90 2/12 § 28-156 § 28-158.1 Motor Vehicles and Traffic Central Expressway Live Oak Street, north to the city limits, and Park Row to Overton Road Central Expressway (Elevated Bypass) Central Expressway (north) at approximately Woodall Rodgers Freeway to Central Expressway (south) at approximately Grand Avenue C. F. Hawn Freeway All portions within the city John W. Carpenter Freeway All portions within the city Julius Schepps Freeway All portions within the city Lyndon B. Johnson Freeway All portions within the city Marvin D. Love Freeway All portions within the city R. L. Thornton Freeway All portions within the city Stemmons Freeway All portions within the city Walton Walker Boulevard Stemmons Freeway to Irving, Texas, city limits (b) It is a defense to prosecution under Subsection (a) that the pedestrian was walking on or along the street or freeway due to an emergency and only until he could safely leave that street or freeway. (Ord. Nos. 14585; 15194; 17135) SEC. 28-158. HITCHHIKING PROHIBITED ON FREEWAYS. A person commits an offense if he requests or solicits, by gesture or otherwise, a ride from the operator of any vehicle traveling on any of the following streets or highways, or if, as the operator of a vehicle traveling on any of the following streets or highways, he stops to give a ride to another person: Central Expressway Live Oak Street, north to the city limits, and Park Row to Overton Road Central Expressway (Elevated Bypass) Central Expressway (north) at approximately Woodall Rodgers Freeway to Central Expressway (south) at approximately Grand Avenue C. F. Hawn Freeway All portions within the city John W. Carpenter Freeway All portions within the city Julius Schepps Freeway All portions within the city Lyndon B. Johnson Freeway All portions within the city Marvin D. Love Freeway All portions within the city R. L. Thornton Freeway All portions within the city Stemmons Freeway All portions within the city Walton Walker Boulevard Stemmons Freeway to Irving, Texas, city limits (Ord. Nos. 14585; 15194; 22026; 28424) SEC. 28-157. PEDESTRIANS PROHIBITED FROM CROSSING OR WALKING ON OR ALONG CERTAIN STREETS OR FREEWAYS. (a) A pedestrian shall not cross or walk on or along the following streets or freeways except at those locations where overpasses and underpasses are provided for pedestrian crossing: Central Expressway Live Oak Street, north to the city limits; and Park Row to Overton Road Central Expressway (Elevated Bypass) All portions within the city C. F. Hawn Freeway All portions within the city Interstate Highway 30 All portions within the city John W. Carpenter Freeway All portions within the city Julius Schepps Freeway All portions within the city Lyndon B. Johnson Freeway All portions within the city Marvin D. Love Freeway All portions within the city R. L. Thornton Freeway All portions within the city Stemmons Freeway All portions within the city Walker Boulevard State Highway Spur 408, north to the city limits; and Stemmons Freeway, south to the city limits (Ord. Nos. 14585; 15194) SEC. 28-158.1. (a) PROHIBITING THE DISTRACTION OF MOTORISTS ON DESIGNATED HIGHWAYS. In this section: (1) DESIGNATED HIGHWAY means any portion of the following highways in the city: (A) Central Expressway. (B) C. F. Hawn Freeway. Dallas City Code 1/14 91 § 28-158.1 Motor Vehicles and Traffic (C) Dallas North Tollway. § 28-158.1 (b) A person commits an offense if, while within the prohibited area of a designated highway, the person engages in conduct that is intended to distract the attention of motorists in a main travel lane of the highway, including but not limited to: (D) Interstate Highway 20. (E) Interstate Highway 30. (F) John W. Carpenter Freeway. (G) Julius Schepps Freeway. (1) by carrying, holding, waving, displaying, or otherwise drawing attention to a sign; or (H) Lyndon B. Johnson Freeway. (I) Marvin D. Love Freeway. (J) President George (2) by wearing any costume, clothing, attire, or accessory intended to attract or seek the attention of the public. Bush Turnpike. (c) A person commits an offense if the person knowingly causes or permits conduct prohibited in Subsection (b) to be performed for his or her benefit by another person. (K) R. L. Thornton Freeway. (L) Spur408. (d) It is a defense to prosecution under Subsections (b) and (c) that: (M) Stemmons Freeway. (N) U.S. Highway 80. (2) (0) Walton Walker Boulevard. (P) Woodall Rodgers Freeway. PROHIBITED AREA means: (A) that portion of a designated highway between the outer curb lines or lateral lines of the roadway, including but not limited to: ( i) a service road; and (ii) a median, divider, shoulder, berm, or strip of land (whether improved or unimproved) that is not intended for pedestrian travel; and (B) any overpass, viaduct, or bridge over a designated highway. (3) SIGN means any display, painting, drawing, banner, placard, device, flag, light, figure, picture, letter, word, message, symbol, plaque, poster, or other thing that is designed, used, or intended to advertise or inform. (1) the conduct was not visible to motorists in a main travel lane of the designated highway; (2) the conduct was intended to summon police, fire, medical, or other emergency assistance or warn motorists of an immediate emergency, hazard, or danger; (3) the conduct was being performed by a law enforcement officer or an employee or agent of a governmental entity in the performance of official duties; (4) the sign used in the conduct was attached to a vehicle travelling on the designated highway; or (5) the sign used in the conduct was a directional, warning, or other official sign authorized by city, state, or federal law. (e) Before taking any enforcement action under this section, a police officer or code enforcement officer shall ask the apparent offender's reason for engaging in conduct that distracts the attention of motorists that are in a main travel lane of a designated highway. The police officer or code Dallas City Code 92 1/14 § 28-158.1 Motor Vehicles and Traffic enforcement officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (d) is present. Before issuing a citation or making an arrest, the police officer or code enforcement officer shall give the person an oral or written warning that: (1) requests the person to, within one minute after issuance of the warning: (A) cease all conduct distracting the attention of motorists that are in a main travel lane of a designated highway; and § 28-159.1 Central Expressway Live Oak Street, north to the city limits, and Park Row to Overton Road Central Expressway (Elevated Bypass) Central Expressway (north) at approximately Woodall Rodgers Freeway to Central Expressway (south) at approximately Grand Avenue C. F. Hawn Freeway All portions within the city Tohn W. Carpenter Freeway All portions within the city Tulius Schepps Freeway All portions within the city Lyndon B. Tohnson Freeway All portions within the city Marvin D. Love Freeway All portions within the city R. L. Thornton Freeway All portions within the city (B) completely remove from the prohibited area of the designated highway all signs being used as part of the distracting conduct; and Stemmons Freeway All portions within the city Walton Walker Boulevard Stemmons Freeway to Irving, Texas, city limits (2) states that failure to comply with the warning may result in the citation or arrest of the person and the removal by the city of any sign used to distract motorists. SEC. 28-159.1. (f) If a sign is not removed in compliance with a warning issued by a police officer or code enforcement officer under Subsection (e), the city may remove the sign and store it at a secure location. If the sign is not claimed within 60 days after removal, it will be deemed unclaimed or abandoned, and the city may sell, recycle, convert, or dispose of the sign in accordance with city ordinances and policies and any applicable state or federal laws. (Ord. Nos. 20169; 29244) SEC. 28-159. ANIMAL-DRAWN VEHICLES, MOTOR DRIVEN CYCLE AND PUSHCARTS PROHIBITED FROM USING ENUMERATED STREETS. (Ord.Nos. 14585;15194) DRIVERS PROHIBITED FROM STOPPING ON ENUMERATED STREETSi DEFENSES. (a) A person commits an offense if he stops, parks or stands a vehicle on the main traveled portion of the roadway of the following described streets or freeways: Central Expressway Live Oak Street, north to the city limits, and Park Row to Overton Road Central Expressway (Elevated Bypass) Central Expressway (north) at approximately Woodall Rodgers Freeway to Central Expressway (south) at approximately Grand Avenue C. F. Hawn Freeway All portions within the city A person commits an offense if he operates, drives, or permits to be driven an animal-drawn vehicle, bicycle, other device propelled wholly or in part by human power, or a motor driven cycle on any of the following described streets or freeways: Dallas City Code 1/14 92A Motor Vehicles and Traffic [Intentionally left blank] Dallas City Code 92B 1/14 § 28-159.1 § 28-164 Motor Vehicles and Traffic SEC. 28-161. John W. Carpenter Freeway All portions within the city Julius Schepps Freeway All portions within the city Lyndon B. Johnson Freeway All portions within the city Marvin D. Love Freeway All portions within the city R. L. Thornton Freeway All portions within the city Stemmons Freeway All portions within the city Walton Walker Boulevard Stemmons Freeway to Irving, Texas, city limits ESCORT LICENSE REQUIRED. A person commits an offense if he engages in the business of furnishing a private motor vehicle escort for hire within the city, without first obtaining an escort license; provided, that persons engaged in the business who are employed by a duly licensed private motor vehicle escort agency shall not be required to be individually licensed. (Ord. 14584) (b) It is a defense to prosecution under this section if such stopping, parking or standing is necessary for safe operation, or for compliance with law, or the vehicle is disabled in such a manner and to such an extent that it is impossible to avoid stopping on the main traveled portion of the roadway. (Ord. Nos. 14585; 15194) SEC. 28-162. SAME- MINIMUM AGE OF PERSON OBTAINING. A person must be 18 years of age to be eligible for an escort license to engage in the business of furnishing private motor vehicle escorts. A person licensed to engage in the business of furnishing motor vehicle escort service for hire shall not employ as an escort guide, a person under 18 years of age. (Ord. 14584) ARTICLE XV. SEC. 28-163. MOTOR VEHICLE ESCORTS FOR HIRE. SEC. 28-160. DEFINITIONS. In this article: (a) MOTOR VEHICLE ESCORT GUIDE means a person engaged in the business of furnishing a private motor vehicle escort for hire who personally escorts or guides a funeral cortege or overwidth, overlength, or overheight motor vehicle or an employee of a person engaged in the business of furnishing private motor vehicle escort service for hire. (b) OFFICIAL POLICE OFFICER'S BADGE means a badge of the size, type and design approved by Section 37-15 for the use of regular police officers. (c) PRIVATE MOTOR VEHICLE ESCORT AGENCY means a person, firm or corporation engaged in the business of furnishing private motor vehicle escorts for hire, which employs one or more persons as employees, assistants, clerks or motor vehicle escort guides. (Ord. 14584) SAME -APPLICATION; INFORMATION REQUIRED. A person desiring to conduct a private motor vehicle escort agency or business in the city shall file with the chief of police a written application on a form provided for the purpose, duly signed and verified, which shall state the full name, age, and residence of the licensee, shall specify the trade name and address or location from which the business or agency will operate and for which the escort license is desired, and other relevant facts as may be required by the chief of police. (Ord. 14584) SEC. 28-164. SAME- INVESTIGATION; ISSUANCE. The chief of police shall make or cause to be made an investigation to determine the qualifications of each applicant for an escort license, and based upon those findings, the chief of police shall approve or disapprove issuance of an escort license to engage in the business of conducting private motor vehicle escorts. Upon the approval of issuance of an escort license, the applicant shall present the approved application to the special collections division of the water utilities department and, upon Dallas City Code 4/10 93 § 28-164 the payment of the proper license fee, the special collections division shall issue the proper license certificate. (Ord. Nos. 14584; 22026; 27697) SEC. 28-165. SAME- REFUSAL TO ISSUE OR RENEW. The chief of police shall refuse to approve issuance or renewal of an escort license for any one or more of the following reasons: (a) conviction of applicant or licensee for a violation of this article or for a felony within the preceding five years; (b) the making of a false statement as to a material matter in an application for an escort license or renewal; (c) revocation of a license, pursuant to this article, of the applicant or any proprietor, partner or corporate officer therein, within one year preceding application; (d) failure of applicant to comply with the insurance requirements of this article. (Ord. 14584) SEC. 28-166. § 28-168 Motor Vehicles and Traffic SAME-REVOCATION. (a) An escort license shall be revoked by the chief of police for any one or more of the following reasons: (1) the making of a false statement as to a material matter in an application for a license, renewal, or a hearing concerning the license; (2) conviction of the licensee of a violation of this article or for a felony; (3) failure of licensee to comply with the insurance requirements of this article. (b) Written notice of revocation shall be sent by the chief of police to the licensee, by certified maiC return receipt requested, setting forth the reasons for the revocation. (Ord. 14584) SEC. 28-167. SAME- APPEAL. If the chief of police refuses to issue a license to an applicant or revokes the license of a licensee, the action of the chief of police shall be final unless the applicant or licensee files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 14584; 18200) SEC. 28-168. SAME- INSURANCE. (a) Before an escort license is issued to the owner or operator of a private motor vehicle escort agency, or before the renewal of an escort license is granted, the applicant shall file with the city secretary a standard policy of public liability and property damage insurance, to be executed by an insurance company authorized to do business in the state and performable in the county, which is approved by the city manager, insuring the general public against loss or damage that may result to any person or property from the operation of the motor vehicle escort service. (b) The insurance policy shall insure each vehicle operated by the motor vehicle escort agency and shall have limits of not less than $100,000 for injury to one person, $300,000 for injuries to two or more persons resulting from one accident, and $50,000 for damage to property resulting from one accident. The insurance shall be for the protection of passengers riding in a funeral cortege being escorted and for protection of the public, but not for personal injuries sustained by the servants, agents or employees of the motor vehicle escort agency. The policy of insurance shall be for a period of one year and the date of the policy shall coincide with the date of the license issued under this article and shall contain a provision for a continuing liability up to the full amount, notwithstanding any recovery thereon. (c) If the chief of police determines after a hearing, that a licensee's policy of insurance provides less protection to the public than when originally filed, he shall require a new or an additional policy to bring the protection of the insurance to its original amount, and the licensee shalt within 10 days after receiving written notice of this requirement, provide the required new or additional policy. The license of Dallas City Code 94 4/10 § 28-168 Motor Vehicles and Traffic a licensee shall be revoked by the chief of police upon the licensee's failure to provide the required policy. (d) If an insurer desires to be released from a policy required by this section, he may give written notice to the chief of police by filing the notice with the city secretary at least 30 days before liability is to be released, and the chief of police shall authorize the city secretary by personal delivery, or by mail, to give written notice to the licensee with the demand that the licensee shall furnish new insurance by the expiration of a 10 day period. (e) If a policy is cancelled upon the request of the insurer and no new policy is filed by the licensee before the cancellation of the original insurance, then the license to operate a motor vehicle escort service issued to the licensee shall be revoked. (Ord. 14584) SEC. 28-169. SEC. 28-172. have the ( a ) To investigate qualifications of all applicants. (b) To investigate and aid in the prosecution of all violations of this article. (c) To inspect and approve or disapprove motor vehicle equipment used as escort vehicles. (d) To inspect and approve or disapprove the equipment and uniform worn by escort officers. (Ord. 14584) SAME - ONE YEAR TERM. SEC. 28-173. ESCORT LICENSE - FEE; TRANSFERABILITY. The annual fee for an escort license is $160, to be paid before the license is issued. An escort license is not transferable or assignable. No refund of fees will be made. (Ord. Nos. 14584; 18411; 22206) SEC. 28-171. FUNCTIONS, POWERS AND DUTIES OF POLICE DEPARTMENT. The police department shall following functions, powers and duties: An escort license is valid for a term of one year unless revoked. (Ord. 14584) SEC. 28-170. § 28-174 SAME - POSTING. Immediately upon the receipt of an escort license issued by the city, the licensee named shall post the license and at all times display the license in a conspicuous place in the office or location given as the business address in the application. A licensee shall not post the license or permit the license to be posted upon premises other than those described in the application. A person commits an offense if he alters, defaces or destroys a valid escort license. (Ord. 14584) CHAUFFEUR'S LICENSE REQUIRED; APPLICATION. A person commits an offense if he operates a motor vehicle as an escort for hire upon the streets of the city without obtaining an escort chauffeur's license issued by the chief of police. Application for an escort chauffeur's license shall be made to the chief of police upon blanks to be furnished by the chief of police, giving the name, age, present address, place and address of employment during the past two years, with the reasons for leaving employment, if any. The applicant shall submit a recent photograph of himself with the application and shall possess and show a valid Texas motor vehicle operator's license with motorcycle endorsement. (Ord. 14584) SEC. 28-174. SAME - ISSUANCE; DENIAL. ( a ) When an application for an escort chauffeur's license or renewal has been filed with the chief of police in proper form, the chief of police shall, within a period of 30 days from the date of filing, approve or deny the application. If the application is denied, the chief of police shall send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for denial. Dallas City Code 9/02 95 § 28-174 Motor Vehicles and Traffic (b) The chief of police shall refuse to approve issuance or renewal of an escort chauffeur's license for any one or more of the following reasons: (1) the making of a false statement as to a material matter in an application for a license, license renewal, or in a hearing concerning the license; (2) conviction of applicant or licensee for a violation of a provision of this article or for a felony or an offense involving theft, fraud, or unlawfully carrying a weapon within the preceding five years; (3) revocation of an escort chauffeur's license of the applicant within five years preceding application; (4) conviction of the licensee or applicant of four moving traffic violations within a 12 month period or of driving while intoxicated within the preceding five years; (5) failure of applicant to present a valid Texas motor vehicle operator's license with motorcycle endorsement. (Ord. 14584) SEC. 28-175. SAME - REVOCATION. ( a ) The chief of police shall revoke an escort chauffeur's license for one or more of the following reasons: (1) the making of a false statement as to a material matter in an application for a license, license renewal, or in a hearing concerning the license; § 28-179 (b) Written notice of revocation shall be sent by the chief of police to the licensee by certified mail, return receipt requested, setting forth the reasons for the revocation. (Ord. 14584) SEC. 28-176. SAME - APPEAL FROM REFUSAL TO ISSUE OR RENEW; FROM DECISION TO REVOKE. If the chief of police refuses to issue a license to an applicant or revokes the license of a licensee, this action shall be final unless the licensee files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 14584; 18200) SEC. 28-177. SAME - FEE, FINGERPRINTS AND PHOTOGRAPH; NONTRANSFERABLE. After the application for an escort chauffeur's license has been approved, and the applicant has submitted to fingerprinting by the police department, the director of finance of the city shall issue an escort chauffeur's license to the applicant upon payment of a fee of $50. An escort chauffeur's license shall expire one year from the date of issuance and shall not be transferable; however, the holder may use the same license if he changes employment from one motor vehicle escort agency to another. (Ord. Nos. 14584; 18411) SEC. 28-178. SAME - TO BE CARRIED ON PERSON. (2) conviction of the licensee for a violation of a provision of this article or for a felony or an offense involving violence, theft, fraud, deception, dishonesty, or unlawfully carrying a weapon; A person engaged in furnishing private motor vehicle escort service for hire shall carry his escort chauffeur's license on his person and shall show it to any city police officer upon demand. (Ord. 14584) (3) conviction, during the term, of the licensee of four moving traffic violations, or of driving while intoxicated; SEC. 28-179. (4) failure of licensee to maintain a valid Texas motor vehicle operator's license with motorcycle endorsement. The owner of a private motor vehicle escort agency shall employ as escort guides only those persons who are physically and mentally capable to EMPLOYMENT OF QUALIFIED OPERATORS RESPONSIBILITY OF OWNER. Dallas City Code 96 9/02 § 28-179 Motor Vehicles and Traffic operate a motorcycle for hire and who are 18 years of age or over. It shall be the responsibility of the private motor vehicle escort agency to select competent operators for escort vehicles. An owner of an escort agency shall not employ any person as a motor vehicle escort guide who does not hold a valid Texas operator's license with motorcycle endorsement and an escort chauffeur's license. (Ord. 14584) may be added after inspection by the police department unless the motorcycle is reinspected and approved before use. A motor vehicle used in performing escort services shall be subject to inspection at any time by the chief of police or his authorized representative. (Ord. Nos. 14584; 17640; 17817) SEC. 28-183. SEC. 28-180. POLICE OFFICERS MAY FURNISH ESCORTS. Nothing contained in this article shall be construed to prohibit regularly employed officers or deputies of the department of public safety, county sheriff, or police department from escorting funeral corteges or oversized, overlength, or overwidth vehicles upon the streets and roadways of the city, when assigned as an official duty by their respective departments. (Ord. 14584) SEC. 28-181. ESCORTS FOR FUNERAL CORTEGE NOT REQUIRED. Nothing contained in this article shall be construed as requiring funeral directors or any other person conducting funerals to contract, hire, or employ a private motor vehicle escort service to guide or escort a funeral cortege in the city. (Ord. 14584) SEC. 28-182. REQUIREMENTS FOR MOTOR VEHICLES USED IN ESCORT SERVICE. FUNERAL ESCORT GUIDES; UNIFORM AND EQUIPMENT REQUIREMENTS. A funeral escort guide shall wear a uniform approved by the chief of police. The uniform shall not resemble in pattern, design, or color that worn by the regular police officers of the city. Funeral escort guides may wear a badge and cap wreath if they desire; provided, that the badge or wreath does not resemble the official police officer's badge or bear the words "Police" or "Officer". Noncommissioned officers' stripes or commissioned officers' bars or insignia denoting a rank shall not be worn on the uniform. Funeral escort guides shall not wear a holster, handcuff case or cartridge case. A whistle or flash light baton may be used at the discretion of the escort guide. An escort guide shall not have on his person or on or about his escort vehicle any weapon declared to be unlawful by the statutes of the state; provided, however, that peace officers of the city, county, and the state, who may be licensed as escort guides may carry authorized weapons concealed on or about their person or escort vehicle while engaged as a motor vehicle escort guide. (Ord. 14584) SEC. 28-184. A funeral escort guide, engaged in furnishing an escort, must use either a two-wheel or three-wheel motorcycle which is in good mechanical condition and equipped with two lamps that display an amber or a blue light visible from directly in front of the center of the motorcycle. These lamps shall be in addition to those required by state law. An escort vehicle shall not be equipped with a siren. Decals, placards, signs, and insignias which resemble official police officer's badges or which bear the words "Police", "Official", or "Officer" shall not be used on the motorcycles nor shall the motorcycles be painted a color resembling the color of motorcycles used by the city police department. No additional equipment § 28-184 OPERATING PROCEDURES. ( a ) A motor vehicle escort guide shall not engage in a funeral escort service other than that of escorting a funeral procession, consisting of the hearse and cortege from the funeral home, the home of the deceased, or the home of the deceased's family to the place of service and from the place of service to the place of interment. If a funeral procession enters a roadway, expressway, or freeway which has a minimum posted speed limit, the motor vehicle escort guide shall cease the escort before the procession enters the roadway, expressway or freeway and resume the escort after the procession exits the roadway, expressway, or freeway. Dallas City Code 9/02 97 § 28-184 Motor Vehicles and Traffic § 28-186 (b) A motor vehicle escort guide may escort overheight, overlength, or overwidth vehicles or loads as defined in the State Traffic Code, but only after the chief of police has been notified of each individual escort. The chief of police shall have the authority to designate the route and time of the escort. ( h ) Funeral escort guides shall not stop traffic approaching from the opposite direction or force or direct traffic to move off the roadway; however, oncoming traffic may be stopped at intersections and other places to assist the cortege in making left turns. (Ord. Nos. 14584; 15648) (c) A licensed motor vehicle escort guide is authorized to lead funeral processions within the city when the procession has been properly identified by the display of a pennant upon the outside of the lead vehicle and the hearse, and all other vehicles have their headlights turned on. SEC. 28-185. (d) All motor vehicles in an escorted funeral procession which have been properly designated shall have the right of way over all other vehicles, except fire apparatus, ambulances, and police vehicles at any roadway intersection within the city, and the procession may be escorted through stop signs or signalized intersections without stopping, but the drivers of the motor vehicles shall exercise due regard for the safety of all approaching vehicles, and funeral processions being escorted shall be subject at all times to the control of police officers of the city. This subsection shall not apply to overheight, overlength, or overwidth vehicles or loads as defined in the State Traffic Code, which shall obey all traffic laws and traffic control devices. (e) Funeral processions shall travel as closely to the right edge of the roadway as practical and at a safe and prudent speed. ( f ) A funeral procession shall not enter or travel upon any roadway, expressway, or freeway which has a minimum posted speed limit between the hours of 7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m., Monday through Friday. This subsection does not apply on a legal holiday. The funeral procession shall obey all traffic laws while on a roadway, expressway, or freeway which has a minimum posted speed limit. (g) Funeral processions shall not proceed through the downtown business district bordered by San Jacinto Street on the north, Wood Street on the south, Hawkins Street on the east and Market Street on the west. ADVERTISEMENTS; LIMITATIONS. A person engaged in the business of furnishing private motor vehicle escorts for hire or an employee of a private motor vehicle escort agency shall not distribute, present, or give away cards, handbills, or printed matter of any kind which bear the words "Police", "Official," or "Officer" in conjunction with advertising an escort service. Nor shall any advertisement state, imply, or misrepresent that a private motor vehicle escort service is required by the police department, the city or by any of its ordinances. (Ord. 14584) ARTICLE XVI. PARADES. SEC. 28-186. DEFINITIONS. In this article: (1) APPLICANT means a person who has filed a written application for a parade permit. (2) CHIEF OF POLICE means the chief of police for the city of Dallas, and his designated agent. (3) CITY means the city of Dallas, Texas. (4) PARADE means the assembly of three or more persons whose gathering is for the common design and purpose of travelling or marching in procession from one location to any other location to express feelings and beliefs on current political, religious, or social issues. Dallas City Code 98 9/02 § 28-186 Motor Vehicles and Traffic (5) PARADE PERMIT means written approval from the chief of police for a parade or procession. (6) PERMITTEE means the person to whom a parade permit is granted pursuant to this article. (7) PERSON means any individual, assumed named entity, partnership, association, corporation or organization. (8) SIDEWALK means that portion of a street intended for the use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. (9) STREET means the entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel. (Ord. Nos. 14584; 19869) SEC. 28-187. PERMIT REQUIRED; EXCEPTIONS. ( a ) A person commits an offense if he engages in, participates in, aids, or commences a pedestrian parade or vehicular parade, or a combination of both, upon the streets of the city without making written application for and receiving a parade permit from the chief of police. (b) Application for a parade permit for a parade of more than 25 persons or more than three motor vehicles shall be made not less than five days, excluding Saturdays, Sundays, and legal holidays, prior to the date and time of the commencement of the parade. Application for a parade permit for a parade of 25 persons or less and three motor vehicles or less shall be made not less than 48 hours prior to the time of the commencement of the parade. (c) No parade permit shall be required under this article for the following: (1) The armed forces of the United States of America, the military forces of the State of Texas, and the forces of the police and fire departments acting within the scope of their duties. § 28-188 (2) A funeral procession proceeding by vehicle under the most reasonable route from a funeral home, church, or residence of a deceased to the place of service or place of interment. (3) A peaceful demonstration at a fixed location which is not a street. (4) A sidewalk procession which observes and complies with traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk. (5) A special event parade, as defined in Section 42A-1(7) of this code, for which a special event permit has been issued under Chapter 42A of this code. (Ord. Nos. 14584; 19869) SEC. 28-188. APPLICATION FOR PARADE PERMIT; FEE. ( a ) The application for a parade permit shall contain the following information and be signed by the applicant and sworn to before an officer authorized to administer oaths: (1) The name, address, and telephone number of the applicant and of any other person, organization, firm, or corporation on whose behalf the application is made. (2) The date and time of day requested for the parade. (3) The parade's commencement time, the specific route to be travelled, and the starting and termination points. (4) The estimated number of persons to participate in the parade and the estimated number of animals that will be used. (5) The estimated number, if any, of animals and riders, animal-drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as bands, color guards, and drill teams. Dallas City Code 9/02 99 § 28-188 Motor Vehicles and Traffic (b) An application for a parade permit must be accompanied by a nonrefundable application fee of $25. The chief of police may waive the application fee if he finds, in response to an affidavit by the applicant, that the applicant is unable to pay the application fee because of indigence. (Ord. Nos. 14584; 19869) SEC. 28-189. (I) R. L. Thornton Freeway (J) Stemmons Freeway ( K ) Walton Walker Boulevard (L) Any street on which a parking ban is imposed, during the enumerated hours of the parking ban; ISSUANCE OF PARADE PERMIT. ( a ) Upon receipt of an application for a parade permit, the chief of police shall furnish to the applicant within three days, excluding Saturdays, Sundays, and legal holidays, appropriate approval or denial of the permit. (b) Should the application for a parade permit reveal that the parade route requested will interfere with the orderly flow of vehicular and pedestrian traffic, the chief of police shall have authority to establish a reasonable alternate route and regulate the width of the parade. (Ord. Nos. 14584; 19869) SEC. 28-190. § 28-192 DENIAL OF PARADE PERMIT. The chief of police shall deny a parade permit when the parade for which the permit is requested would: (1) cross or use as a route, or as part of a route, any of the following: (2) begin during, or within two hours after the end of, a parade for which a permit has been granted and follow a route that passes within one-half mile of any point of the route of the parade for which a permit has been granted; or (3) unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available. (Ord. Nos. 14584; 15194; 19869) SEC. 28-191. REVOCATION OF PARADE PERMIT. The chief of police shall revoke a parade permit if: (1) the parade fails to begin within 30 minutes of the appointed time of commencement; or (2) the information contained in the application for a parade permit is found to be false in any material detail. (Ord. Nos. 14584; 19869) (A) Central Expressway SEC. 28-192. ( B ) Central Expressway (Elevated Bypass) (C) Pearl Expressway (D) C. F. Hawn Freeway (E) John W. Carpenter Freeway (F) Julius Schepps Freeway (G) Lyndon B. Johnson Freeway ( H ) Marvin D. Love Freeway APPEAL OF DENIAL OR REVOCATION OF PARADE PERMIT. If the chief of police denies or revokes a parade permit, this action shall be final unless the applicant or permittee shall, within two days after the receipt of notice of the denial or revocation, file with the city manager a written appeal. The city manager shall, within 24 hours after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the city manager shall be final. (Ord. Nos. 14584; 19869) Dallas City Code 100 9/02 Motor Vehicles and Traffic § 28-193 ARTICLE XVII. SEC. 28-195. § 28-197 OPERATION OF STREETCARS AND OTHER VEHICLES. STREETCAR REGULATIONS. SEC. 28-193. (a) When overtaking and passing on the right side of a streetcar that is approaching or stopped at a designated streetcar stop, a driver of a vehicle shall stop at least five feet from the rear of the streetcar and proceed only when safe, allowing pedestrians the right-of-way. DEFINITIONS. In this article: (1) LOADING AND UNLOADING means the transfer of persons or property between a vehicle or streetcar and the curb, or between a vehicle or streetcar and a nearby building. (2) MOTORMAN means an employee of a streetcar company who controls the movement of a streetcar. (3) STREETCAR means a self-powered vehicle used for transporting persons or property that is operated upon rails within a public right-of-way. (4) STREETCAR COMPANY means any person licensed by the city to operate a streetcar within the city. (5) STREETCAR STOP means an area in the public right-of-way reserved for the exclusive use of streetcars during the loading or unloading of passengers or property. (6) STREET RAILROAD means any rail or appurtenance located within a public right-of-way that is authorized by the city to be used for streetcars. (Ord. 20329) SEC. 28-194. AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS. The director of public works shall administer and enforce this article and otherwise exercise direction and control over the operation of all streetcars in the city in accordance with city ordinances, the city charter, and other applicable law and with any license issued to a streetcar company by the city. (Ord. Nos. 20329; 22026; 28424) (b) A person commits an offense if he stops, stands, or parks any vehicle other than a streetcar at a designated streetcar stop or between the right curb and a designated streetcar stop. (c) An operator of a streetcar may not stop the streetcar at any location other than a designated streetcar stop, except in an emergency or when complying with other traffic regulations. Streetcar passengers shall be loaded and unloaded only at a designated streetcar stop. (Ord. 20329) SEC. 28-196. (a) UNLAWFUL CONDUCT ON OR NEAR A STREETCAR. A person commits an offense if he: (1) boards, alights, clings to the outside of, or otherwise makes or attempts to make unsafe contact with a moving streetcar; or (2) rides upon any portion of a streetcar not designated or intended for the use of passengers. (b) It is a defense to prosecution under Subsection (a) that the person was an employee of the streetcar company in the performance of official duties. (Ord. 20329) SEC. 28-197. SMOKING, EATING, AND DRINKING PROHIBITED ON A STREETCAR. A person commits an offense if he: (1) smokes or possesses any burning tobacco, weed, or other plant product on any streetcar; Dallas City Code 2/12 101 § 28-197 Motor Vehicles and Traffic § 28-200 (2) consumes an alcoholic beverage, illegal drug, or other intoxicating substance, or possesses any open container of such substance, on any streetcar; vehicles travel, including, but .not limited to, the trackway and associated structures and equipment required for the operation of the light rail transit system. (3) consumes any food product, either solid or liquid, on any streetcar while it is being operated in regularly scheduled service to the general public. (Ord. 20329) (3) LIGHT RAIL TRANSIT STATION means an area reserved for the exclusive use of the light rail transit system for the purpose of loading and ' unloading passengers or property. SEC. 28-198. OBSTRUCTING TRACKS; DEFACING OR DISTURBING PROPERTY. A person commits an offense if, without the consent of the owner or designated agent of a streetcar company, he: (1) encumbers or obstructs, or throws, places, or leaves any impediment upon, any street railroad within the city; or (2) defaces, displaces, or disturbs in any manner any car, coach, switch, turntable, track, pole, wire, building, or other property or equipment of a street railroad or streetcar company. (Ord. 20329) SEC. 28-199. POLICE ASSISTANCE REQUIRED. Whenever a passenger or other person presents a threat to the safety of the motorman or any passenger, a streetcar shall be stopped at the next designated streetcar stop and the police summoned. (Ord. 20329) (4) LIGHT RAIL TRANSIT SYSTEM means a public transportation system operated by DART that consists of conventional rail technology using an overhead power source and that is capable of running at grade, on an aerial guideway, or in a subway, as warranted. (5) LIGHT RAIL VEHICLE means an electrically-propelled passenger-carrying rail vehicle that operates on the fixed guideway of the light rail transit system. (6) LOADING AND UNLOADING means the transfer of persons or property between a light rail vehicle and a transit station. (7) TRANSIT CORRIDOR means the light rail transit system alignment known as the South Oak Cliff Line that operates within the center median of Lancaster Road from approximately 800 feet north of Illinois Avenue to Ledbetter Drive, after which point it crosses the southbound lane of Lancaster Road and ends at the light rail transit station located on the southwest corner of the intersection of Lancaster Road and Ledbetter Drive. (8) TRANSITW A Y MALL means the light rail transit system alignment in the central business district that is located within the right-of-way lines of the following described streets: ARTICLE XVIII. LIGHT RAIL TRANSIT SYSTEM. (A) Hawkins Street from approximately 150 feet north of Routh Street to Bryan Street; SEC. 28-200. DEFINITIONS. (B) Bryan Street from Hawkins Street to Akard Street; and In this article: (1) DART means Dallas Area Rapid Transit. (2) FIXED GUIDEWAY means the supporting physical structure in or upon which light rail (C) Pacific A venue from Akard Street to approximately 50 feet west of Houston Street. (9) SAFETY QUADRANT means that portion of each corner lot located within or abutting the Dallas City Code 102 2/12 Motor Vehicles and Traffic § 28-200 transitway mall, whether composed of public or private property or both, that is contained within an area forming a quadrant of a circle having a 30-foot radius when measured from the point of intersection of adjacent street curb lines or, if there are not street curbs, what would be the normal street curb lines. (Ord. 22763) SEC. 28-201. OPERATION OF VEHICLES IN THE TRANSITWA Y MALL AND TRANSIT CORRIDOR. (a) The transitway mall and the transit corridor are for the exclusive use of light rail vehicles. The right-of-way on each side of the transit corridor will be used for the operation of other vehicles. (1) crossing the transitway mall or transit corridor on a street designated for through traffic; or (2) entering or exiting a private parking area with direct ingress or egress to or from the transitway mall, if the vehicle: (A) was being operated in compliance with all speed, directional, and traffic control signs, devices, laws, and regulations applicable to the transitway mall; and (B) at no time was operated on or across the fixed guideway of the transitway mall. (Ord. 22763) SEC. 28-202. (b) A person commits an offense if he: (1) stops, stands, or parks any vehicle, other than a light rail vehicle, within the transitway mall or transit corridor; or (2) operates any vehicle, other than a light rail transit vehicle, in any area within the transitway mall or transit corridor. (c) It is a defense to prosecution under Subsection (b)(1) or (2) of this section that the vehicle was: (1) being operated by an employee of the city or DART in the performance of official duties; (2) an authorized emergency vehicle; (3) a public works, maintenance, utility, or service vehicle authorized by the city and DART to operate within the transit mall or transit corridor; or § 28-202 TRANSITWA Y MALL SAFETY QUADRANTS. (a) A person commits an offense if, within a safety quadrant, he: (1) erects, places, or maintains any structure, berm, plant life, or other item; or (2) sells, offers for sale, or distributes any goods or services, including, but not limited to, food, drinks, flowers, plants, tickets, souvenirs, or handbills. (b) It is a defense to prosecution under Subsection (a)(1) that the item was: (1) a directional, warning, traffic control, or other official sign or device authorized under city, state, or federal law; or (2) street hardware authorized by the city and DART, including, but not limited to, street lights, benches, garbage receptacles, and other existing and planned transitway mall design elements. (Ord. 22763) (4) being operated in compliance with a valid permit issued by the city and approved by DART. (e) It is a defense to prosecution under Subsection (b)(2) of this section that the vehicle was: Dallas City Code 2/12 103 § 28-203 Motor Vehicles and Traffic ARTICLE XIX. PHOTOGRAPHIC ENFORCEMENT AND ADMINISTRATIVE ADJUDICATION OF RED LIGHT VIOLATIONS. § 28-204 (C) the person named under Sections 28-207(h) as holding legal title to the motor vehicle at the time of a red light violation. (8) PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM means a system that: Division 1. Generally. SEC. 28-203. (A) consists of a camera system and a vehicle sensor installed ·to exclusively work in conjunction with an electronically-operated trafficcontrol signal; and DEFINITIONS. In this article: (1) AUTOMATED RED LIGHT ENFORCEMENT PROGRAM means the installation of one or more photographic traffic signal enforcement systems to reduce red light violations and collisions citywide. (2) CAMERA ENFORCED INTERSECTION means an intersection toward which a photographic traffic signal enforcement system is directed and in operation. (3) DATE OF ISSUANCE means the date that a civil red light citation is mailed in accordance with this article. (4) DEPARTMENT means the city department of public works. (5) DIRECTOR means the director of the department or the director's authorized representative. (B) is capable of producing at least two recorded images depicting the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal. (9) RECORDED IMAGE means a photographic or digital image recorded by a photographic traffic signal enforcement system that depicts the front or the rear of a motor vehicle. (10) RED LIGHT VIOLATION means a violation of Section 28-207 of this article. (11) RED LIGHT CITATION or CIVIL RED LIGHT CITATION means a citation for a red light violation issued under this article. (12) TRAFFIC-CONTROL SIGNAL means a traffic-control device that displays red, amber, and green lights successively to direct traffic when to stop at or proceed through an intersection. (Ord. Nos. 26305; 26988; 28424) (6) INTERSECTION means the point or area where two or more intersecting streets meet. SEC. 28-204. (7) OWNER means: (A) the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country; (B) the person named under Section 28-207(d) or (g) as the lessee of the motor vehicle at the time of a red light violation; or GENERAL AUTHORITY AND DUTIES OF THE DIRECTOR AND DEPARTMENT AND THE CHIEF OF POLICE. (a) The department is responsible for the enforcement and administration of this article relating to hearing officers, administrative adjudication hearing procedures, and appeals. The director shall implement and enforce this article and may by written order establish such rules or regulations, not inconsistent with this article, as the director determines are necessary to discharge the Dallas City Code 104 2/12 § 28-204 Motor Vehicles and Traffic director's duties under or to effect the policy of this article. (b) The chief of police shall implement and enforce the provisions of this division relating to the issuance, service, and enforcement of red light citations and the collection of fines and costs and may by written order establish such rules or regulations, not inconsistent with this division, as the director [chief of police] determines are necessary to discharge the duty of the chief of police under or to effect the policy of this division. (Ord. Nos. 26305; 26988; 27697) SEC. 28-205. ENFORCEMENT OFFICERSPOWERS, DUTIES, AND FUNCTIONS. (a) The city manager or a designated representative shall appoint enforcement officers to issue civil red light citations. (b) An enforcement officer shall have the following powers, duties, and functions: (1) To review recorded images from the photographic traffic signal enforcement system to determine whether a red light violation has occurred. (2) To order a red light citation to be issued based on evidence from the recorded images. (3) To void recorded images due to lack of evidence or due to knowledge that a defense described in Section 28-207 applies. (4) To issue warnings in lieu of citations during acceptance testing of the photographic traffic signal enforcement system equipment or at any other time prescribed by the chief of police. (Ord. Nos. 26305;26988;27697) SEC. 28-206. HEARING OFFICERS - POWERS, DUTIES, AND FUNCTIONS. (a) The city council shall designate hearing officers from a list of persons recommended by the city manager, or a designated representative, to administratively adjudicate all red light violations for which a civil red light citation has been issued. § 28-207 (b) A hearing officer shall have following powers, duties, and functions: (1) the To administer oaths. (2) To accept admissions to, and to hear and determine contests of, red light violations under this article. (3) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court. (4) To assess civil fines, penalties, and other costs for a red light violation in accordance with Section 28-214 of this article. (5) To waive penalties assessed for a red light violation in accordance with Section 28-214 of this article. (Ord. Nos. 26305; 26988) Division 2. Enforcement of Red Light Violations as Civil Offenses. SEC. 28-207. RED LIGHT VIOLATIONS AS CIVIL OFFENSES; DEFENSES; PRESUMPTIONS. (a) The owner of a motor vehicle that is operated in violation of Section 544.007(d), Texas Transportation Code at a camera-enforced intersection commits a civil offense and is liable for a civil fine under this article. (b) It is a defense to a charge of a red light violation under this section that: (1) the traffic signal was not in proper position or sufficiently visible to an ordinarily observant person; (2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a peace officer; (3) the operator of the motor vehicle was lawfully making a right turn while a red signal was being emitted from the traffic signal; Dallas City Code 4/10 105 § 28-207 Motor Vehicles and Traffic § 28-207 (4) the operator of the motor vehicle was lawfully making a left turn from a one-way street onto another one-way street while a red signal was being emitted from the traffic signal; whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (5) the operator of the motor vehicle was completing a left turn after having entered the intersection before a red signal was emitted from the traffic signal; (d) A vehicle owner who is in the business of selling, renting, or leasing vehicles will not be liable for the civil red light fines, penalties, and costs imposed by the city on a vehicle for sale or a rented or leased vehicle if the vehicle owner presents evidence establishing that the vehicle depicted in the recorded image was at the time of the alleged violation being rented, leased, or test driven by another person. Evidence sufficient to establish that the vehicle was being rented, leased, or test driven includes: (6) the operator of the motor vehicle violated the instructions of the tr~ffic signal so as to yield the right of way to an immediately approaching authorized emergency vehicle; (7) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and the operator was acting in compliance with that chapter; (8) the motor vehicle was a stolen vehicle being operated by a person other than the vehicle's owner without the consent of the vehicle owner and proof is submitted to the hearing officer that the theft of the motor vehicle had been timely reported to the appropriate law enforcement agency; the license plate depicted in the recorded image of the red light violation was a stolen plate being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued and proof is submitted to the hearing officer that the theft of the license plate had been timely reported to the appropriate law enforcement agency; or (9) (10) the presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would have made compliance with this section more dangerous under the circumstances than non-compliance. (c) It is presumed that the registered owner of the vehicle depicted in the recorded image of a red light violation for which a red light citation is issued is the person who committed the red light violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to (1) the true name, address, and driver's license number and state of issuance of the person renting, leasing, or test driving the vehicle at the time the recorded image of the red light violation was taken; or (2) a true copy of the lease or rental agreement in effect at the time the recorded image of the red light violation was taken. (e) Evidence presented under Subsection (d) of this section must be presented through oral testimony or by affidavit under penalty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by maiL (f) If the owner of a vehicle presents evidence under Subsections (d) and (e) of this section establishing that the vehicle depicted in the recorded image was being rented, leased, or test driven at the time of the violation, the owner may not be held liable for civil red light fines, penalties, and costs, and the chief of police shall send the red light citation to the test driver or lessee who is presumed to have committed the red light violation. An owner of a vehicle who fails to comply with Subsections (d) or (e) of this section will be treated as any other vehicle owner and will be liable for the red light violation charge. (g) If, at the time the recorded image of the red light violation was taken, the vehicle depicted Dallas City Code 106 4/10 § 28-207 § 28-208 Motor Vehicles and Traffic in the recorded image was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the vehicle owner shall, within 30 calendar days after the date the red light citation is received, provide to the chief of police the name and address of the individual who was renting or leasing the motor vehicle depicted in the recorded image and a statement of the period during which that individual was renting or leasing the vehicle. This information must be provided regardless of whether the person provides evidence under Subsections (d) and (e) of this section that the vehicle was being rented, leased, or test driven at the time of the red light violation. (j) If the registered owner named in the violation complies with Subsections (h) and (i) of this section, the registered owner may not be held liable for civil red light fines, penalties, and costs, and the chief of police shall send the red light citation to the person who held legal title to the vehicle at the time the recorded image of the red light violation was taken. A registered owner named in the red light citation who fails to comply with Subsections (h) and (i) of this section will be treated as any other vehicle owner and will be liable for the red light violation charge. (Ord. Nos. 26305; 26988; 27697) SEC. 28-208. (h) A registered owner named in the red light citation who did not hold legal title to the motor vehicle at the time of a red light violation will ·not be liable for the civil red light fines, penalties, and costs imposed by the city on that vehicle if the registered owner presents evidence establishing that another person held legal title to the vehicle at the time the recorded image of the red light violation was taken. Evidence sufficient to establish that the vehicle was owned by another person at the time of the red light violation includes: (1) the true name, address, and driver's license number and state of issuance of the person who held legal title to the vehicle at the time the recorded image of the red light violation was taken; or (2) a true copy of any purchase or sale documentation (including proof of transfer of title) showing the name of the person who held title to the vehicle at the time the recorded image of the red light violation was taken (that person's address must also be provided if not contained in the documentation). ( i) Evidence presented under Subsection (h) of this section must be presented through oral testimony or by affidavit under penalty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by mail. OVIL RED LIGHT CITATIONS; FORM. (a) A civil red light citation serves as the summons and complaint for purposes of this article. (b) The red light citation must be on a form prescribed by the chief of police and must include the following information: (1) The name and address of the owner of the vehicle involved in the violation. (2) A description of the violation alleged. (3) The date and time of the violation and the location of the intersection where the violation occurred. (4) The citation issuance date. (5) The registration number displayed on the license plate of the vehicle involved in the violation. (6) A copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation. (7) The amount of the civil fine to be imposed for the violation. (8) The date by which the civil fine must be paid or the request for an administrative adjudication hearing must be made. Dallas City Code 4/10 107 § 28-208 Motor Vehicles and Traffic (9) A statement that, in lieu of requesting an administrative adjudication hearing, the person named in the red light citation may pay the civil fine in person or by mail at an address designated on the citation. (10) A notification that the vehicle owner has the right to contest the imposition of the civil fine in an administrative adjudication hearing by submitting a written request for an administrative adjudication hearing within 30 calendar days after the date the red light citation is i~sued. (11) A notification that any request by the vehicle owner to have the enforcement officer, or other authorized person who issued the citation, present at the hearing must be made in writing as part of the written request for an administrative adjudication hearing under Paragraph (10) of this subsection and that failure to timely make this request constitutes a waiver of the vehicle owner's right to require the presence of the enforcement officer or other authorized person at the hearing. (12) A notification that failure to pay the civil fine or to timely request an administrative adjudication hearing is considered an admission of liability for the red light violation charge, is a waiver of the person's right to appeal the imposition of the civil fine, and will result in the assessment of appropriate civil fines, penalties, and costs. (13) A statement that the person will incur a late payment penalty if the person fails to pay the civil fine or request an administrative adjudication hearing within 30 calendar days after the date of issuance of the red light citation. SEC. 28-209. (c) The original or any copy of a civil red light citation is a record kept in the ordinary course of city business and is prima facie evidence of the facts contained in the citation. (Ord. Nos. 26305; 26988; 27697) SERVICE OF A CIVIL RED LIGHT CITATION. (a) In order to impose a civil fine under this article, the chief of police shall send a red light citation to the owner of the motor vehicle involved in the red light violation within 30 calendar days after the date the violation is alleged to have occurred. The citation must be sent, by United States mail, to: ( 1) the owner's address as shown on the registration records of the Texas Department of Transportation; (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation; (3) if the owner presents evidence or information under Section 28-207(d) or (g) that the vehicle was being rented, leased, or test driven at the time of the red light violation, the address provided by the seller or lessor under Section 28-207(d) or (g); or (4) if the registered owner presents evidence under Section 28-207(h) that another person had legal title to the vehicle at the time of the red light violation, the address provided under Section 28-207(h). (b) A red light citation is presumed to have been received on the fifth day after the date the citation is mailed. (Ord. Nos. 26305; 26988; 27697) SEC. 28-210. (14) A notification that an arrest warrant may not be issued for failure to timely pay the civil fines, penalties, and costs and that the imposition of the civil penalty may not be recorded on the vehicle owner's driving record. § 28-210 ANSWERING A CIVIL RED LIGHT CITATION. (a) A vehicle owner who has been issued a civil red light citation shall, either personally or through a representative, answer to the charge of the red light violation by the date shown on the citation, which date may not be earlier than the 30th day after the date the citation is issued. An answer may be made in any of the following ways: (1) An admission of liability with a payment of the applicable civil fine, and any additional penalties and costs. Dallas City Code 108 4/10 § 28-210 Motor Vehicles and Traffic (2) A request to schedule an administrative adjudication hearing to either deny liability or admit liability with an explanation before a hearing officer. (3) A denial of liability accompanied by an affidavit under penalty of perjury presenting evidence under Section 28-207 that the vehicle depicted in the recorded image was at the time of the red light violation being rented, leased, or test driven. (4) A denial of liability accompanied by an affidavit under penalty of perjury presenting evidence under Section 28-207 that the person named in the red light citation was not the owner of the vehicle depicted in the recorded image at the time of the violation. (5) A request for perm1sswn from a hearing officer to adjudicate by mail. (b) Payment of the civil fine and any additional penalties and costs may be made in person or by mailing to the chief of police the red light citation accompanied by payment of the amount shown on the citation. Payment by mail may be made only by money order or check made out to the city. Payment of the civil fine and all penalties and costs assessed under this article operates as a final disposition of the red light violation charge, except when payment is made to reset a scheduled hearing as allowed under Section 28-212. (Ord. Nos. 26305; 26988; 27697) SEC. 28-211. ADJUDICATION BY MAIL. (a) If a vehicle owner charged with a red light violation shows good cause for not attending a hearing, either personally or through a representative, the hearing officer may permit the matter to be adjudicated by mail, which adjudication must be completed within 90 calendar days after the date of issuance of the red light citation. (b) Letters, memoranda, affidavits, photographs, and other documentary materials will be admissible as evidence for the purposes of adjudication by mail. The hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. § 28-212 (c) Failure of the vehicle owner to proceed with an adjudication by mail after requesting and receiving permission to adjudicate by mail is an admission of liability for the red light violation and will subject the owner to the appropriate civil fines, penalties, and costs assessed by the hearing officer. (d) If a hearing officer determines that adjudication cannot proceed by mail, the hearing officer shall advise the vehicle owner by first class mail that the owner must appear to answer the charge at a hearing. (Ord. Nos. 26305; 26988) SEC. 28-212. HEARINGS FOR DISPOSITION OF A RED LIGHT CITATION; CITATION AND PHOTOGRAPHIC RECORDED IMAGES AS PRIMA FACIE EVIDENCE. (a) Every hearing for the adjudication of a red light violation charge under this article must be held before a hearing officer not later than the 30th day after the department receives a request for an administrative adjudication hearing. The director shall notify, in writing, the person requesting a hearing of the date, time, and location of the hearing. (b) A person may make a request to reset a scheduled administrative adjudication hearing. A scheduled administrative adjudication hearing may not be reset more than once unless the vehicle owner pays to· the chief of police an amount equal to the applicable civil fine for the red light violation, with any additional penalties and costs. The chief of police shall issue a receipt for any amounts paid under this subsection. After presentation of the receipt, all amounts paid will be refunded to the vehicle owner if the hearing officer, or a municipal court on appeal, finds that the owner is not liable for the red light violation. (c) At a hearing, the civil red light citation and the recorded images produced by the photographic traffic signal enforcement system are prima facie proof of the red light violation, and the enforcement officer or other authorized person who issued the citation is not required to be present unless requested by the vehicle owner charged or by the hearing officer. A vehicle owner's request to have the enforcement officer, or other authorized person who Dallas City Code 4/10 109 § 28-212 Motor Vehicles and Traffic issued the citation, present at the hearing must be in writing and received by the hearing officer as part of the person's request for an administrative adjudication hearing. Failure to timely make this request constitutes a waiver of the vehicle owner's right to require the presence of the enforcement officer or other authorized person at the hearing. (d) At a hearing, the hearing officer shall hear and consider evidence presented by the city and by the vehicle owner. The formal rules of evidence do not apply to a hearing under this article, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this article or other applicable law. (e) At a hearing, the reliability of the photographic traffic signal enforcement system used to produce the recorded image of the red light violation may be attested to by affidavit of an officer or employee of the city, or of the entity with which the city contracts to install or operate the system, who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the city that alleges a red light. violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this article, is evidence of the facts contained in the affidavit, and is prima facie evidence of the violation alleged in the red light citation. (f) At the conclusion of the hearing, the hearing officer shall immediately render an order or decision, either by: (1) finding the vehicle owner liable for the red light violation, assessing the applicable civil fine and any penalties and other costs in accordance with this article, and notifying the owner of the right to appeal to municipal court; or (2) finding the vehicle owner not liable for the red light violation. (g) An order of a hearing officer must be in writing, signed, and dated by the hearing officer and filed with the department in a separate index and file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. (Ord. Nos. 26305; 26988; 27697) SEC. 28-213. § 28-213 FAILURE TO ANSWER A CIVIL RED LIGHT CITATION OR APPEAR AT A HEARING. (a) The failure of a vehicle owner charged with a red light violation to answer to the charge within 30 calendar days after the date of issuance of the red light citation or to appear at any hearing, including a hearing on appeal, when required to appear is an admission of liability for the red light violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the owner the appropriate civil fines, penalties, and other costs. (b) Within seven calendar days after filing an order of liability issued under this section, a hearing officer or the entity with which the city contracts, shall notify the vehicle owner in writing of the order. The notice must be sent by United States mail to the address required for service of a citation under Section 28-209 or to the address of the vehicle owner last known to the hearing officer. The notice must include a statement of: (1) the amount of the civil fines, penalties, and costs assessed; and (2) the right to appeal to municipal court. (c) Regardless of any other provision of this article, a person who receives a red light citation and who fails to timely pay the civil fine or fails to timely request an administrative adjudication hearing is still entitled to an administrative adjudication hearing if: (1) the person submits to the hearing officer a written request for a hearing, accompanied by an affidavit, that attests to the date on which the person received the red light citation; and (2) the written request and affidavit are submitted to the hearing officer within 30 calendar days after the date the person received the red light citation. (Ord. Nos. 26305; 26988) Dallas City Code 110 4/10 § 28-214 § 28-215 Motor Vehicles and Traffic SEC. 28-214. CIVIL FINES FOR RED LIGHT VIOLATIONS; PENALTIES AND OTHER COSTS. (a) If a civil fine is assessed under this article, it must be in accordance with this section. A fine may not be waived or modified by a hearing officer, or by a municipal court on appeal, when a vehicle owner is found liable for a red light violation, except that additional penalties and other costs may be added in accordance with this section. (b) The owner of a motor vehicle liable for a red light violation shall pay a civil fine of $75 for each violation. (c) An additional $25 late payment penalty will be assessed if the vehicle owner fails to: (1) answer a red light citation within 30 calendar days after its date of issuance; (2) appear at a hearing scheduled to adjudicate the red light violation charge; or (3) after being found liable, pay all civil fines, penalties, fees, and costs assessed for a red light violation within the time designated by the hearing officer, or by the municipal court on appeal. (d) A penalty assessed under Subsection (c) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner can establish that: (1) through no fault of the owner: (A) no notice of the red light violation was received as required by this article; (B) no notice of the hearing officer's order was received as required by this article; or (C) payment of the civil fine assessed for the red light violation was not posted in a timely manner; or (2) the penalty was assessed in error. (Ord. Nos. 26305; 26988) SEC. 28-215. APPEAL FROM HEARING. (a) A vehicle owner determined by a hearing officer at an administrative adjudication hearing to be liable for a red light violation may appeal this determination to the municipal court by filing an appeal petition, along with a filing fee of $15, with the municipal court clerk or a deputy clerk before the 31st calendar day after the date the hearing officer's order is entered with the department. If the hearing officer's order is reversed, the $15 filing fee will be returned by the city to the appellant. (b) Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. The enforcement officer or other authorized person who issued the civil red light citation is not required to be present at the appeal hearing unless requested by the vehicle owner charged. A vehicle owner's request to have the enforcement officer, or other authorized person who issued the citation, present at the appeal hearing must be in writing and made as part of the appeal petition. Failure to timely make this request constitutes a waiver of the vehicle owner's right to require the presence of the enforcement officer or other authorized person at the appeal hearing. (c) The appeal hearing must be a trial de novo in municipal court and is a civil proceeding. The decision of the municipal court is final. (d) Service of notice of appeal under this section stays the enforcement and collection of any civil fines, penalties, and costs ordered by the hearing officer. An appeal petition must be accompanied by a notarized statement in which the vehicle owner agrees to pay all civil fines, penalties, and costs ordered by the hearing officer, if the person is still found liable by the municipal court upon appeal. (e) At an appeal hearing, the civil red light citation and the recorded images produced by the photographic traffic signal enforcement system are prima facie proof of the red light violation, and the enforcement officer or other authorized person who issued the citation is not required to be present unless requested by the vehicle owner. Dallas City Code 4/10 111 § 28-215 Motor Vehicles and Traffic (f) At an appeal hearing, the reliability of the photographic traffic signal enforcement system used to produce the recorded image of the red light violation may be attested to by affidavit of an officer or employee of the city, or of the entity with which the city contracts to install or operate the system, who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the city that alleges a red light violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this article, is evidence of the facts contained il) the affidavit, and is prima facie evidence of the violation alleged in the red light citation. (Ord. Nos. 26305; 26988; 27697) fines and late payment penalties assessed under this article each fiscal year must be remitted to the Office of the Texas State Comptroller for deposit to the credit of the regional trauma account and 50 percent must be paid into the city's fund dedicated to traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement. (Ord. Nos. 26305; 26988) Division 3. Automated Red Light Enforcement Commission. SEC. 28-218. SEC. 28-216. EFFECT OF LIABILITY; EXCLUSION OF CIVIL REMEDY; ENFORCEMENT. (a) The imposition of a civil fine under this article is not a conviction or criminal offense and may not be considered a conviction or criminal offense for any purpose. Failure to timely pay a civil fine under this article may not result in an arrest warrant being issued for the vehicle owner and may not be recorded on the owner's driving record. (b) A civil fine may not be imposed under this article on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a criminal citation by a peace officer under Section 544.007(d) of the Texas Transportation Code for the red light violation recorded by the photographic traffic signal enforcement system. (c) The city attorney is authorized to file suit or take other action to collect any civil fines, penalties, and costs assessed under this article. (Ord. Nos.26305;26988) SEC. 28-217. DISPOSITION OF CIVIL FINES, PENALTIES, AND COSTS ASSESSED FOR RED LIGHT VIOLATIONS. Not later than November 29 of each year, after deducting amounts the city is authorized to retain under Section 707.008(b) of the Texas Transportation Code, 50 percent of the revenue derived from the civil § 28-219 AUTOMATED RED LIGHT ENFORCEMENT COMMISSION CREATED. (a) There is hereby created the automated red light enforcement commission of the city, which shall be an advisory body of 15 members. Each city council member shall appoint one member to the commission. The mayor shall appoint the chair, and the full city council shall appoint the vice-chair. (b) All members will be appointed for an initial term to expire on September 30, 2009. Subsequent appointments will be made in September of each odd-numbered year for a two-year term beginning on October 1. All members shall serve until their successors are appointed and qualified. (c) The traffic engineer of the city or a designated representative shall serve as an ex officio, nonvoting member of the commission. (Ord. 27102) SEC. 28-219. DUTIES AND FUNCTIONS. (a) The commission shall act as an advisory body to the city manager and the city council and shall: (1) make recommendations relating to the city's automated red light enforcement program; (2) make recommendations relating to the installation and operation of photographic traffic signal enforcement systems in the city; Dallas City Code 112 4/10 § 28-220 Motor Vehicles and Traffic § 28-219 (3) review results of traffic engineering studies for camera-enforced intersections; (4) review the placement of photographic traffic signal enforcement systems to help ensure that camera-enforced intersections are selected without regard to the ethnic or socioeconomic characteristics of the area in which the intersections are located; and (4) DEPARTMENT means the department of the city designated by the city manager to enforce and administer this article, or the department's designated representative. (5) DIRECTOR means the director of the department or the director's authorized representative. ( 6) (5) perform other duties assigned by the city council or requested by the city manager. (b) The city manager shall provide staff to assist the commission in performing its duties and functions. (c) The city manager shall present the recommendations of the commission, along with any recommendations of the city manager, to the city council. (Ord. 27102) OWNER means: (A) the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country; (B) the person named under Section 28-224(d) or (g) as the lessee of the motor vehicle at the time of a school bus stop arm violation; or (C) the person named under Section 28-224(h) as holding legal title to the motor vehicle at the time of a school bus stop arm violation. ARTICLE XX. PHOTOGRAPHIC ENFORCEMENT AND ADMINISTRATIVE ADJUDICATION OF SCHOOL . BUS STOP ARM VIOLATIONS. (A) consists of cameras installed on the exterior of a school bus that work in conjunction with an automatic stop arm on the school bus, which stop arm, along with flashing warning lights and other equipment required by Section 547.701(c) of the Texas Transportation Code, as amended, warns drivers that the school bus is stopped for the purpose of loading or unloading students; and Division 1. Generally. SEC. 28-220. (7) PHOTOGRAPHIC SCHOOL BUS STOP ARM ENFORCEMENT SYSTEM means a system that: DEFINITIONS. In this article: (1) AUTOMATED SCHOOL BUS STOP ARM ENFORCEMENT PROGRAM means the installation of photographic school bus stop arm enforcement systems on school buses operated within the city for the purpose of reducing school bus stop arm violations and injuries to students citywide. (B) is capable of producing a recorded image depicting the license plate attached to the front or the rear of a motor vehicle that passes the school bus in violation of Section 28-224 of this article. (2) CAMERA-ENFORCED SCHOOL BUS means a school bus equipped with a photographic school bus stop arm enforcement system. (8) RECORDED IMAGE means a photographic or digital image recorded by a photographic school bus stop arm enforcement system that depicts the front or the rear of a motor vehicle. (3) DATE OF ISSUANCE means the date that a civil school bus stop arm citation is mailed in accordance with this article. (9) SCHOOL BUS has the meaning given that term in Section 541.201 of the Texas Transportation Code, as amended. Dallas City Code 9/12 113 § 28-220 (10) SCHOOL BUS STOP ARM VIOLATION or CIVIL SCHOOL BUS STOP ARM VIOLATION means a violation of Section 28-224 of this article. (11) SCHOOL BUS STOP ARM CITATION or CIVIL SCHOOL BUS STOP ARM CITATION means a citation for a school bus stop arm violation issued under this article. (Ord. 28654) SEC. 28-221. § 28-224 Motor Vehicles and Traffic GENERAL AUTHORITY AND DUTIES OF THE DIRECTOR AND DEPARTMENT. (4) To issue warnings in lieu of citations during acceptance testing of the photographic school bus stop arm enforcement system or at any other time prescribed by the director. (Ord. 28654) SEC. 28-223. HEARING OFFICERS - POWERS, DUTIES, AND FUNCTIONS. (a) The city council shall designate hearing officers from a list of perso;ns recommended by the city manager, or a designated representative, to administratively adjudicate all school bus stop arm violations for which a civil school bus stop arm citation has been issued. The department is responsible for the (b) A hearing officer shall have the enforcement and administration of this article. The director shall implement and enforce this article and . following powers, duties, and functions: may by written order establish such rules or (1) To administer oaths. regulations, not inconsistent with this article, as the director determines are necessary to discharge the director's duties under or to effect the policy of this (2) To accept admissions to, and to hear article. (Ord. 28654) and determine contests of, school bus stop arm violations under this article. SEC. 28-222. ENFORCEMENT OFFICERS POWERS, DUTIES, AND. FUNCTIONS. (a) The city manager or a designated representative shall appoint enforcement officers to issue civil school bus stop arm citations. (b) An enforcement officer shall have the following powers, duties, and functions: (1) To review recorded images from the photographic school bus stop arm enforcement system to determine whether· a school bus stop arm violation has occurred. (2} To order a school bus stop arm citation to be issued based on evidence from the recorded images. (3) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court. (4) To assess civil fines, penalties, and other costs for a school bus stop arm violation in accordance with Section 28-231 of this article. (5) To waive penalties assessed for a school bus stop arm violation in accordance with Section 28-231 of this article. (Ord. 28654) Division 2. Enforcement of School Bus Stop Arm Violations as Civil Offenses. SEC. 28-224. (3) To void recorded images due to lack of evidence or due to knowledge that a defense described in Section 28-224 applies. SCHOOLBUSSTOPARM VIOLATIONS AS CIVIL OFFENSES; DEFENSES; PRESUMPTIONS. (a) The owner of a motor vehicle that is operated in violation of Section 545.066 of the Texas Transportation Code, as amended, by passing a Dallas City Code 114 9/12 § 28-224 Motor Vehicles and Traffic § 28-224 stopped camera-enforced school bus displaying the visual signals required by Section 547.701(c) of the Texas Transportation Code, as amended, commits a civil offense and is liable for a civil fine under this article. (8) the presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would have made compliance with this section more dangerous under the circumstances than non-compliance. (b) It is a defense to a charge of a school bus stop arm violation under this section that: (c) It is presumed that the registered owner of the vehicle depicted in the recorded image of a school bus stop arm violation for which a school bus stop arm citation is issued is the person who committed the school bus _stop arm violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (1) the school bus was not operating the visual signals required by Section 547.701(c) of the Texas Transportation Code, as amended; (2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a peace officer; (3) the operator of the motor vehicle was in the process of passing the school bus before the school bus operated a visual signal described by Section 547.701(c) of the Texas Transportation Code, as amended; (4) the operator of the motor vehicle passed the stopped school bus so as to yield the right of way to an immediatelyrapproaching authorized · emergency vehicle; (5) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code, as amended, and the operator was acting in compliance with that chapter; (6) the motor vehicle was a stolen vehicle being operated by a person other than the vehicle's owner without the consent of the vehicle owner and proof is submitted to the hearing officer that the theft of the motor vehicle had been timely reported to the appropriate law enforcement agency; (7) the license plate depicted in the recorded image of the school bus stop arm violation was a stolen plate being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued and proof is submitted to the hearing officer that the theft of the license plate had been timely reported to the appropriate law enforcement agency; or (d) A vehicle owner who is in the business of selling, renting, or leasing vehicles will not be liable for the civil school bus stop arm fines, penalties, and costs imposed by the city on a vehicle for sale or a rented or leased vehicle if the vehicle owner presents evidence establishing that the vehicle depicted in the recorded image was at the time of the alleged violation being rented, leased, or test driven by another person. Evidence sufficient to establish that the vehicle was being rented, leased, or test driven includes: (1) the true name, address, and driver's license number and state of issuance of the person renting, leasing, or test driving the vehicle at the time the recorded image of the school bus stop arm violation was taken; or (2) a true copy of the lease or rental agreement in effect at the time the recorded image of the school bus stop arm violation was taken. (e) Evidence presented under Subsection (d) of this section must be presented through oral testimony or by affidavit under penalty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by mail. Dallas City Code 9/12 115 § 28-224 Motor Vehicles and Traffic (f) If the owner of a vehicle presents evidence under Subsections (d) and (e) of this section establishing that the vehicle depicted in the recorded image was being rented, leased, or test driven at the time of the violation, the owner may not be held liable for civil school bus stop arm fines, penalties, and costs, and the director shall send the school bus stop arm citation to the test driver or lessee who is presumed to have committed the school bus stop arm violation. An owner of a vehicle who fails to comply with Subsections (d) or (e) of this section will be treated as any other vehicle owner and will be liable for the school bus stop arm violation. (g) If, at the time the recorded image of the school bus stop arm violation was taken, the vehicle depicted in the recorded image was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the vehicle owner shall, within 30 calendar days after the date the school bus stop arm citation is received, provide to the department the name and address of the individual who was renting or leasing the motor vehicle depicted in the recorded image and a statement of the period during which that individual was renting or leasing the vehicle. This information must be provided regardless of whether the person provides evidence under Subsections (d) and (e) of this section that the vehicle was being rented, leased, or test driven at the time of the school bus stop arm violation. (2) a true copy of any purchase or sale documentation (including proof of transfer of title) showing the name of the person who held title to the vehicle at the time the recorded image of the school bus stop arm violation was taken (that person's address must also be provided if not contained in the documentation). ( i) Evidence presented under Subsection (h) of this section must be presented through oral testimony or by affidavit under pel}alty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by mail. (j) If the registered owner named in the violation complies with Subsections (h) and (i) of this section, the registered owner may not be held liable for civil school bus stop arm fines, penalties, and costs, and the director shall send the school bus stop arm citation to the person who held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken. A registered owner named in the school bus stop arm citation who fails to comply with Subsections (h) and (i) of this section will be treated as any other vehicle owner and will be liable for the school bus stop arm violation. (Ord. 28654) SEC. 28-225. (h) A registered owner named in the school bus stop arm citation who did not hold legal title to the motor vehicle at the time of a school bus stop arm violation will not be liable for the civil school bus stop arm fines, penalties, and costs imposed by the city on that vehicle if the registered owner presents evidence establishing· that another person held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken. Evidence sufficient to establish that the vehicle was owned by another person at the time of the school bus stop arm violation includes: (1) the true name, address, and driver's license number and state of issuance of the person who held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken; or § 28-225 CIVIL SCHOOL BUS STOP ARM CITATIONS; FORM. (a) A civil school bus stop arm citation serves as the summons and complaint for purposes of this article. (b) The school bus stop arm citation must be on a form prescribed by the director and must include the following information: (1) The name and address of the owner of the vehicle involved in the violation. (2) A description of the violation alleged. (3) The date and time of the violation and the location of the school bus where the violation occurred. Dallas City Code 116 9/12 Motor Vehicles and Traffic § 28-225 (4) The citation issuance date. (5) The registration number displayed on the license plate of the vehicle involved in the violation. (6) A copy of a recorded image of the violation that includes a depiction of the registration number displayed on the license plate of the vehicle involved in the violation. (7) The amount of the civil fine to be imposed for the violation. (8) The date by which the civil fine must be paid or the request for an administrative adjudication hearing must be made. (9) A statement that, in lieu of requesting an administrative adjudication hearing, the person named in the school bus stop arm citation may pay the civil fine in person or by mail at an address designated on the citation. (10) A notification that the vehicle owner has the right to contest the imposition of the civil firie in an administrative adjudication hearing by submitting a written request for an administrative adjudication hearing within 30 calendar days after the date the school bus stop arm citation is issued. (11) A notification that any request by the vehicle owner to have the enforcement officer, or other authorized person who issued the citation, present at the hearing must be made in writing as part of the written request for an administrative adjudication hearing under Paragraph (10) of this subsection and that failure to timely make this request constitutes a ,waiver of the vehicle owner's right to require the presence of the enforcement officer or other authorized person at the hearing. (12) A notification that failure to pay the civil fine or to timely request an administrative adjudication hearing is considered an admission of liability for the school bus stop arm violation, is a waiver of the person's right to appeal the imposition of the civil fine, and will result in the assessment of appropriate civil fines, penalties, and costs. § 28-226 (13) A statement that the person will incur a late payment penalty if the person fails to pay the civil fine or request an administrative adjudication hearing within 30 calendar days after the date of issuance of the school bus stop arm citation. (14) A notification that an arrest warrant may not be issued for failure to timely pay the civil fines, penalties, and costs and that the imposition of the civil penalty may not be recorded on the vehicle owner's driving record. (c) The original or any copy of a civil school bus stop arm citation is a record kept in the ordinary course of city business and is prima facie evidence of the facts contained in the citation. (Ord. 28654) SEC. 28-226. SERVICE OF A CIVIL SCHOOL BUS STOP ARM CITATION. (a) In order to impose a civil fine under this article, the director shall send a school bus stop arm citation to the owner of the motor vehicle involved in the school bus stop arm violation within 30 calendar days after the date the violation is alleged to have occurred. The citation must be sent, by United States mail, to: (1) the owner's address as shown on the registration records of the Texas Department of Transportation; (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation; (3) if the owner presents evidence or information under Section 28-224(d) or (g) that the vehicle was being rented, leased, or test driven at the time of the school bus stop arm violation, the address provided by the seller or lessor under Section 28224(d) or (g); or (4) if the registered owner presents evidence under Section 28-224(h) that another person had legal title to the vehicle at the time of the school bus stop arm violation, the address provided under Section 28-224(h). Dallas City Code 9/12 117 § 28-226 (b) A school bus stop arm citation is presumed to have been received on the fifth day after the date the citation is mailed. (Ord. 28654) SEC. 28-227. § 28-229 Motor Vehicles and Traffic ANSWERING A CIVIL SCHOOL BUS STOP ARM CITATION. (a) A vehicle owner who has been issued a civil school bus stop arm citation shall, either personally or through a representative, answer to the charge of the school bus stop arm violation by the date shown on the citation, which date may not be earlier than the 30th day after the date the citation is issued. An answer may be made in any of the following ways: (1) An admission of liability with a payment of the applicable civil fine, and any additional penalties and costs. (2) A request to schedule an administrative adjudication hearing to either deny liability or admit liability with an explanation before a hearing officer. · (3) A denial of liability accompanied by an affidavit under penalty of perjury presenting evidence under Section 28-224 that the vehicle depicted in the recorded image was at the time of the school bus stop arm violation being rented, leased, or test driven. (4) A denial of liability accompanied by an affidavit under penalty of perjury presenting evidence under Section 28-224 that the person named in the school bus stop arm citation was not the owner of the vehicle depicted in the recorded image at the time of the violation. · disposition of the school bus stop arm violation charge, except when payment is made to reset a scheduled hearing as allowed under Section 28-229. (Ord. 28654) SEC. 28-228. (a) If a vehicle owner charged with a school bus stop arm violation shows good cause for not attending a hearing, either personally or through a representative, the hearing officer may permit the matter to be adjudicated by mail, which adjudication must be completed within 90 calendar days after the date of issuance of the school bus stop arm citation. (b) Letters, memoranda, affidavits, photographs, and other documentary materials will be admissible as evidence for the purposes of adjudication by mail. The hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. (c) Failure of the vehicle owner to proceed with an adjudication by mail after requesting and receiving permission to adjudicate by mail is an admission of liability for the school bus stop arm violation and will subject the owner to the appropriate civil fines, penalties, and costs assessed by the hearing officer. (d) If a hearing officer determines that adjudication cannot proceed by mail, the hearing officer shall advise the vehicle owner by first class mail that the owner must appear to answer the charge at a hearing. (Ord. 28654) SEC. 28-229. (5) A request for perm1sswn from a hearing officer to adjudicate by mail. (b) Payment of the civil fine and any additional penalties and costs may be made in person or by mailing the school bus stop arm citation to the address shown on the citation, accompanied by payment of the amount shown on the citation. Payment by mail may be made only by money order or check. Payment of the civil fine and all penalties and costs assessed under this article operates as a final ADJUDICATION BY MAIL. HEARINGS FOR DISPOSITION OF ASCHOOLBUSSTOPARM CITATION; CITATION AND PHOTOGRAPHIC RECORDED IMAGES AS PRIMA FACIE EVIDENCE. (a) Every hearing for the adjudication of a school bus stop arm violation charge under this article must be held before a hearing officer not later than the 30th day after the department receives a request for an administrative adjudication hearing. The director shall notify, in writing, the person Dallas City Code 118 9/12 § 28-229 Motor Vehicles and Traffic requesting a hearing of the date, time, and location of the hearing. (b) A person may make a request to reset a scheduled administrative adjudication hearing. A scheduled administrative adjudication hearing may not be reset more than once unless the vehicle owner pays to the director an amount equal to the applicable civil fine for the school bus stop arm violation, with any additional penalties and costs. The director shall issue a receipt for any amounts paid under this subsection. After presentation of the receipt, all amounts paid will be refunded to the vehicle owner if the hearing officer, or a municipal court on appeal, finds that the owner is not liable for the school bus stop arm violation. (c) At a hearing, the civil school bus stop arm citation and the recorded images produced by the photographic school bus stop arm enforcement system are prima facie proof of the school bus stop arm violation, and the enforcement officer or other authorized person who issued the citation is not required to be present unless requested by the vehicle owner charged or by the hearing officer. A vehicle owner's request to have the enforcement officer, or other authorized person who issued the citation, present at the hearing must be in writing and received by the hearing officer as part of the person's request for an administrative adjudication hearing. Failure to timely make this request constitutes a waiver of the vehicle owner's right to require the presence of the enforcement officer or other authorized person at the hearing. (d) At a hearing, the hearing officer shall hear and consider evidence presented by the city and by the vehicle owner. The formal rules of evidence do not apply to a hearing under this article, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this article or other applicable law. (e) At a hearing, the reliability of the photographic school bus stop arm enforcement system used to produce the recorded images of the school bus stop arm violation may be attested to by affidavit of an officer or employee of the city, or of the entity with which the city contracts to install or operate § 28-230 the system, who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the city that alleges a school bus stop arm violation based on an inspection of the pertinent recorded images is admissible in a proceeding under this article, is evidence of the facts contained in the affidavit, and is prima facie evidence of the violation alleged in the school bus stop arm citation. (f) At the conclusion of the hearing, the hearing officer shall immediately render an order or decision, either by: (1) finding the vehicle owner liable for the school bus stop arm violation, assessing the applicable civil fine and any penalties and other costs in accordance with this article, and notifying the owner of the right to appeal to municipal court; or (2) finding the vehicle owner not liable for the school bus stop arm violation. (g) An order of a hearing officer must be in writing, signed, and dated by the hearing officer and filed with the department in a separate index and file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. (Ord. 28654) SEC. 28-230. FAILURE TO ANSWER A CIVIL SCHOOLBUSSTOPARM CITATION OR APPEAR AT A HEARING. (a) The failure of a vehicle owner charged with a school bus stop arm violation to answer to the charge within 30 calendar days after the date of issuance of the school bus stop arm citation or to appear at any hearing, including a hearing on appeal, when required to appear is an admission of liability for the school bus stop arm violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the owner the appropriate civil fines, penalties, and other costs. (b) Within seven calendar days after filing an order of liability issued under this section, a hearing officer or the entity with which the city contracts, shall notify the vehicle owner in writing of Dallas City Code 9/12 119 § 28-230 Motor Vehicles and Traffic the order. The notice must be sent by United States mail to the address required for service of a citation under Section 28-226 or to the address of the vehicle owner last known to the hearing officer. The notice must include a statement of: (1) the amount of the civil fines, penalties, and costs assessed; and (2) § 28-232 (2) appear at a hearing scheduled to adjudicate the school bus stop arm violation charge; or (3) after being found liable, pay all civil fines, penalties, fees, and costs assessed for a school bus stop arm violation within the time designated by the hearing officer, or by the municipal court on appeal. the right to appeal to municipal court. (c) Regardless of any other provision of this article, a person who receives a school bus stop arm citation and who fails to timely pay the civil fine or fails to timely request an administrative adjudication hearing is still entitled to an administrative adjudication hearing if: (1) the person submits to the hearing officer a written request for a hearing, accompanied by an affidavit, that attests to the date on which the person received the school bus stop arm citation; and (d) A penalty assessed under Subsection (c) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner can establish that: (1) through no fault of the owner: (A) no notice of the school bus stop arm violation was received as required by this article; (B) no notice of the hearing officer's order was received as required by this article; or (2) the written request and affidavit are submitted to the hearing officer within 30 calendar days after the date the person received the school bus stop arm citation. (Ord. 28654) (C) payment of the civil fine assessed for the school bus stop arm violation was not posted in a timely manner; or (2) (Ord. 28654) the penalty was assessed in error. SEC. 28-231. SEC. 28-232. APPEAL FROM HEARING. CIVIL FINES FOR SCHOOL BUS STOP ARM VIOLATIONS; PENALTIES AND OTHER COSTS. (a) If a civil fine is assessed under this article, it must be in accordance with this section. A fine may not be waived or modified by a hearing officer, or by a municipal court on appeal, when a vehicle owner is found liable for a school bus stop arm violation, except that additional penalties and other costs may be added in accordance with this section. (b) The owner of a motor vehicle liable for a school bus stop arm violation shall pay a civil fine of $300 for each violation. (c) An additional $25 late payment penalty will be assessed if the vehicle owner fails to: (1) answer a school bus stop arm citation within 30 calendar days after its date of issuance; (a) A vehicle owner determined by a hearing officer at an administrative adjudication hearing to be liable for a school bus stop arm violation may appeal this determination to the municipal court by filing an appeal petition, along with a filing fee of $15, with the municipal court clerk or a deputy clerk before the 31st calendar day after the date the hearing officer's order is entered with the department. If the hearing officer's order is reversed, the $15 filing fee will be returned by the city to the appellant. (b) Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. The enforcement Dallas City Code 120 9/12 § 28-232 Motor Vehicles and Traffic officer or other authorized person who issued the civil school bus stop arm citation is not required to be present at the appeal hearing unless requested by the vehicle owner charged. A vehicle owner's request to have the enforcement officer, or other authorized person who issued the citation, present at the appeal hearing must be in writing and made as part of the appeal petition. Failure to timely make this request constitutes a waiver of the vehicle owner's right to require the presence of the enforcement officer or other authorized person at the appeal hearing. (c) The appeal hearing must be a trial de novo in municipal court and is a civil proceeding. The decision of the municipal court is final. (d) Service of notice of appeal under this section stays the enforcement and collection of any civil fines, penalties, and costs ordered by the hearing officer. An appeal petition must be accompanied by a notarized statement in which the vehicle owner agrees to pay all civil fines, penalties, and costs ordered by the hearing officer, if the person is still found liable by the municipal court upon appeal. · (e) At an appeal hearing, the civil school bus stop arm citation and the recorded images produced by the photographic school bus stop arm enforcement system are prima facie proof of the school bus stop arm violation, and the enforcement officer or other authorized person who issued the citation is not required to be present unless requested by the vehicle owner. (f) At an appeal hearing, the reliability of the photographic school bus stop arm enforcement system used to produce the recorded images of the school bus stop arm violation may be attested to by affidavit of an officer or employee of the city, or of the entity with which the city contracts to install or operate the system, who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the city that alleges a school bus stop violation based on an inspection of the pertinent recorded images is admissible in a proceeding under this article, is evidence of the facts contained in the affidavit, and is prima facie evidence of the violation alleged in the school bus stop arm citation. (Ord. 28654) SEC. 28-233. § 28-234 EFFECT OF LIABILITY; EXCLUSION OF CIVIL REMEDY; ENFORCEMENT. (a) The imposition of a civil fine under this article is not a conviction or criminal offense and may not be considered a conviction or criminal offense for any purpose. Failure to timely pay a civil fine under this article may not result in an arrest warrant being issued for the vehicle owner and may not be recorded on the owner's driving record. (b) A civil fine may not be imposed under this article on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a criminal citation by a peace officer under Section 545.066 of the Texas Transportation Code, as amended, for the school bus stop arm violation recorded by the photographic school bus stop arm enforcement system. (c) The city attorney is authorized to file suit or take other action to collect any civil fines, penalties, and costs assessed under this article. (Ord. 28654) SEC. 28-234. DISPOSITION OF CIVIL FINES, PENALTIES, AND COSTS ASSESSED FOR SCHOOL BUS STOP ARM VIOLATIONS. Civil fines, penalties, and costs assessed under this article must be used to fund the automated school bus stop arm enforcement program, other programs designed to further student safety, and other traffic safety projects and improvements. (Ord. 28654) Dallas City Code 9/12 121 Motor Vehicles and Traffic [Intentionally left blank] Dallas City Code 122 9/12