Hawk Cove:Title 7

TITLE 7 – TRAFFIC AND VEHICLES

CHAPTER 7.10 – TRAFFIC REGULATIONS

§ 7.10.001 – Maximum Speed Limit

The maximum lawful speed on all public streets within the City shall be twenty (20) miles per hour unless otherwise posted by the City Council.

(Ord. 04-101, Nov. 7, 2004)

§ 7.10.002 – Traffic Control Signs

The Mayor or the Mayor's designee is authorized to erect or cause to be erected traffic control signs indicating speed limits established by this chapter.

(Ord. 04-101, Nov. 7, 2004)

§ 7.10.003 – Compliance With State Traffic Laws

The operation of vehicles upon public streets within the City shall be subject to the Texas Transportation Code and other applicable laws of the State of Texas.

(Ord. 04-101, Nov. 7, 2004)

§ 7.10.004 – Financial Responsibility

Operators of motor vehicles within the City shall comply with all applicable financial responsibility and proof of insurance requirements established by the Texas Transportation Code.

(Ord. 04-101, Nov. 7, 2004)

§ 7.10.005 – Speed Violations

A person commits an offense if the person operates a motor vehicle at a speed greater than that authorized by this chapter.

(Ord. 04-101, Nov. 7, 2004)

CHAPTER 7.20 – GOLF CARTS

§ 7.20.001 – Purpose

This chapter regulates the operation of golf carts on public streets within the City in accordance with applicable provisions of the Texas Transportation Code.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.002 – Applicability

This chapter applies to golf carts operated on public streets within the City.

This chapter does not apply to:

(a) Golf carts operated on private property with the consent of the owner;
(b) Golf carts operated in connection with a parade, festival, or special event with the consent of the event sponsor; or
(c) Golf carts operated by the City for official governmental purposes.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.003 – Definitions

(a) Driver means a person operating or exercising physical control over a golf cart.
(b) Driver's License means a license, permit, or authorization issued by a state authorizing operation of a motor vehicle.
(c) Golf Cart means an electric or gasoline-powered vehicle commonly known as a golf cart having four or more wheels, a maximum attainable speed of twenty-five (25) miles per hour on a paved level surface, and otherwise qualifying for operation under applicable state law.
(d) Owner means the person holding title to a golf cart.
(e) Street means a public roadway within the City having a posted speed limit of thirty-five (35) miles per hour or less.
(f) Trafficway means any way open to the public for vehicular travel.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.004 – Driver's License Required

A person operating a golf cart on a public street shall possess a valid driver's license.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.005 – Compliance With Traffic Laws

Golf cart operators shall comply with all traffic laws applicable to motor vehicles unless otherwise provided by law.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.006 – Required Equipment

A golf cart operated on a public street shall be equipped with:

(a) Headlamps;
(b) Tail lamps;
(c) Reflectors;
(d) Mirrors;
(e) Parking brake; and
(f) A slow-moving vehicle emblem.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.007 – Parking Regulations

Golf carts shall be parked only in locations where motor vehicles are lawfully permitted to park.

Golf carts shall not be parked in spaces designated for disabled persons unless authorized by applicable law.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.008 – Prohibited Operations

A person may not:

(a) Operate a golf cart for the purpose of towing another vehicle, trailer, boat, personal watercraft, or similar conveyance;
(b) Operate a golf cart while any occupant is standing;
(c) Permit any part of an occupant's body to extend outside the vehicle while in motion;
(d) Exceed the manufacturer's seating capacity;
(e) Permit a child under seven (7) years of age to ride without adult supervision or appropriate restraint; or
(f) Permit an occupant to ride in another occupant's lap while the vehicle is in motion.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.009 – Weather and Visibility Restrictions

Golf carts shall not be operated:

(a) During inclement weather;
(b) When visibility is impaired by fog, smoke, precipitation, or similar conditions; or
(c) When visibility is insufficient to clearly observe persons and vehicles at a distance of five hundred (500) feet.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.010 – Hours of Operation

Golf carts may be operated only during daylight hours.

(Ord. 2015-005, Apr. 13, 2015)

§ 7.20.011 – Liability

Nothing in this chapter shall be construed as creating liability on the part of the City for damages arising from the operation of a golf cart.

Owners remain responsible for the acts of persons authorized to operate their golf carts.

(Ord. 2015-005, Apr. 13, 2015)

CHAPTER 7.30 – PARKING REGULATIONS

§ 7.30.001 – Definitions

(a) Commercial Motor Vehicle means any motor vehicle designed or used for the transportation of property.
(b) Roadway means that portion of a street designed or ordinarily used for vehicular travel.
(c) Semi-Trailer means a trailer designed so that part of its weight rests upon another motor vehicle.
(d) Trailer means a vehicle without motive power designed to be drawn by a motor vehicle.
(e) Truck-Tractor means a motor vehicle designed primarily for drawing other vehicles.
(f) Vehicle means every mechanical device by which a person or property may be transported upon a roadway.

Words not otherwise defined shall have the meanings assigned by the Texas Transportation Code.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.002 – Commercial Vehicle Specifications

(a) No commercial motor vehicle shall exceed ninety-six (96) inches in width.
(b) No commercial motor vehicle shall exceed thirteen feet six inches (13'6") in height.
(c) No commercial motor vehicle shall exceed seventy-two thousand (72,000) pounds gross weight.
(d) No axle shall exceed eighteen thousand (18,000) pounds.
(e) No tandem axle group shall exceed thirty-two thousand (32,000) pounds.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.003 – Exceptions

This chapter shall not apply to:

(a) Vehicles operating under a valid oversize or overweight permit;
(b) Emergency vehicles;
(c) City vehicles;
(d) Utility vehicles performing authorized work; or
(e) Vehicles authorized by the Chief of Police.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.004 – General Parking Restrictions

No vehicle shall be parked or stored upon a public street, alley, parkway, boulevard, or public thoroughfare for more than four (4) consecutive hours unless otherwise authorized.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.005 – Oversized and Commercial Vehicles

Oversized commercial vehicles shall not be parked or stored upon public streets, alleys, parkways, boulevards, public places, or railroad rights-of-way within the City except as expressly authorized by this chapter.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.006 – Recreational Vehicles and Trailers

(a) Recreational vehicles, travel trailers, boats, boat trailers, stock trailers, utility trailers, and similar vehicles incapable of self-propulsion shall not be stored upon a public street.
(b) No vehicle shall encroach upon a public right-of-way.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.007 – Vehicle Habitation Prohibited

Habitation of any recreational vehicle, travel trailer, camper, camper top, boat, boat trailer, or similar vehicle is prohibited.

No such vehicle may be connected to sewer, water, or electrical utilities except for maintenance purposes.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.008 – Junked Vehicles

Junked vehicles shall be regulated in accordance with Chapter 7.40 of this title.

(Ord. 100-10, Jul. 9, 2018; Ord. 99-4, Aug. 31, 1999)

§ 7.30.009 – Stored Vehicles

A vehicle parked at substantially the same location for more than five (5) consecutive days shall be deemed a stored vehicle.

Stored vehicles located upon public property may be removed in accordance with state law.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.010 – Parking Surface Standards

Vehicles shall be parked only upon:

(a) Concrete;
(b) Asphalt;
(c) Brick or masonry paving;
(d) Gravel or crushed rock; or
(e) Other all-weather surfaces approved by the Building Official.

Vehicles shall not be parked in front yards, side yards, fields, or unpaved areas except as otherwise authorized by this Code.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.011 – Screened Storage

Vehicles otherwise prohibited from outdoor storage may be stored if:

(a) Completely screened from ordinary public view by a solid fence at least six (6) feet in height; or
(b) Covered and located beneath a carport on an approved parking surface.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.012 – Public Nuisance

The presence of any vehicle maintained in violation of this chapter is declared to be a public nuisance.

(Ord. 100-10, Jul. 9, 2018)

§ 7.30.013 – Removal and Impoundment

Vehicles maintained in violation of this chapter may be removed, immobilized, impounded, or otherwise abated as authorized by law.

(Ord. 100-10, Jul. 9, 2018)

CHAPTER 7.40 – JUNKED VEHICLES

§ 7.40.001 – Definitions

(a) Antique Vehicle.
(b) Inoperable Vehicle.
(c) Junked Vehicle.
(d) Motor Vehicle Collector.
(e) Special Interest Vehicle.

Definitions shall have the meanings established by Ordinance 99-4 and applicable state law.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.002 – Junked Vehicles Declared a Public Nuisance

A junked vehicle visible from a public place or public right-of-way is declared a public nuisance.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.003 – Offense

A person commits an offense by maintaining a junked vehicle nuisance.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.004 – Authority to Abate

The City may investigate, remove, abate, and dispose of junked vehicles in accordance with state law and this chapter.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.005 – Notice

Notice shall be provided to owners, lienholders, and occupants as required by law prior to abatement.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.006 – Hearing

The Municipal Court Judge shall conduct hearings regarding junked vehicle abatement.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.007 – Removal Orders

The Court may order removal, disposal, and reporting of junked vehicles.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.008 – Exceptions

This chapter does not apply to:

(a) Vehicles completely enclosed within a lawful building;
(b) Licensed dealers and junkyards;
(c) Antique or special-interest vehicles lawfully maintained by collectors.

(Ord. 99-4, Aug. 31, 1999)

§ 7.40.009 – Penalty

A person violating this chapter commits a misdemeanor punishable by a fine not exceeding two hundred dollars ($200.00).

(Ord. 99-4, Aug. 31, 1999)

CHAPTER 7.90 – ENFORCEMENT

§ 7.90.001 – Violations

A person who violates any provision of this title commits an offense.

(Ord. 04-101; Ord. 99-4; Ord. 100-10; Ord. 2015-005)

§ 7.90.002 – Penalties

Unless otherwise specifically provided, a violation of this title is punishable by a fine authorized by state law and applicable ordinance.

Each day a violation continues constitutes a separate offense.

(Ord. 04-101; Ord. 99-4; Ord. 100-10; Ord. 2015-005)