(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:
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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
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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:
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§ 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;
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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.
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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
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§ 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]
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§ 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
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§ 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)
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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.
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§ 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)
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§ 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
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§ 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
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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)
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§ 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;
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§ 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
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§ 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
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§ 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)
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§ 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
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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
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§ 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:
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§ 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.
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§ 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
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§ 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:
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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
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§ 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
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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.
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(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.
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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.
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§ 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.
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(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.
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(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)
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§ 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;
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§ 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
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§ 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:
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§ 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
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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;
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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
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§ 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.
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(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.
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§ 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
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§ 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)
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§ 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.
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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;
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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.
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§ 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
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§ 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.
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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.
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§ 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).
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§ 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
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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
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§ 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
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§ 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)
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