Hawk Cove:Ord 06-108

ORDINANCE NO. 06-108

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATIONS GOVERNING THE HABITATION AND PARKING OF CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS; ESTABLISHING DEFINITIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATЕ.

WHEREAS, the Texas Local Government Code, Chapter 51, provides for municipal ordinances not inconsistent with state law, necessary for the good order of the municipality; and

WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and general welfare of the public to regulate parking and habitation of certain types of vehicles in residential districts.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THЕ CITY OF HAWK COVE, TEXAS, THАТ:

SECTION 1

That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.

SECTION 2

The City Council hereby adopts the following ordinance:

"SPECIAL PARKING REGULATIONS”

Section 1.01. Definitions.

(a) The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automobile means a four-wheeled, self-propelled vehicle designed for passenger transportation. Motor vehicle means any vehicle which is self-propelled by mechanical power such as automobiles, trucks, motorcycles or buses designed to carry one or more persons; but excluding construction equipment, forklifts and farm implements. Parking area means a privately owned or publicly owned off-street area, for the temporary parking, storage or placement of vehicles. Recreational vehicle/travel trailer/camper means a portable vehicular structure designed for a temporary or short-term occupancy for travel, recreation or vacation. Trailer means every vehicle without motor power, designed for carrying persons or property on its own structure exclusively and for being drawn by a motor vehicle and so constructed that no part of its weight and that of its load rests upon or is carried by another vehicle including, but not limited to, pop-up campers/tent trailers, flatbeds and other similar vehicles. Vehicle means every mechanical device in, upon, or by which any person or property is or may be transported or drawn or moved upon a street, highway, waterway or airway, except devices moved exclusively by human power, or used exclusively upon stationary rails or tracks including, but not limited to, a motor vehicle. Variance means a difference between that which is required or specified and that which is permitted. (b) To the extent not otherwise defined, all words and phrases used in this section shall have the same meaning as set forth in pertinent sections of the V.T.C.A., Transportation Code § 541.001 et seq.

Sec. 1.02. Parking in residential districts.

(a) Parking in residential districts shall comply with the following provisions: (1) No recreational vehicle including, but not limited to, recreational vehicles, travel trailers, boats, campers, boat trailers, utility trailers or other trailers shall be stored or parked on any public thoroughfare in any residential district. No recreational vehicle shall encroach upon public rights-of-way. (2) The provisions of this section shall not prevent the parking or standing of such vehicles upon the public thoroughfare in a residential district for the purpose of loading or unloading passengers, freight or merchandise for a period not to exceed twenty-four (24) hours. (3) For purposes of this section, a vehicle shall be considered stored if it has remained parked at or nearly the same location for a continuous period of time in excess of two (2) days. A stored vehicle is deemed to be a vehicle which is illegally parked on public property, and such vehicle shall be subject to removal and disposal as an abandoned vehicle according to the City's Junked Vehicle ordinance.

Sec. 1.03. Parking on Residential Property

(a) Parking on residential property shall comply with the following provisions: (1) No recreational vehicle, travel trailer, boat, boat trailer, camper, camper top, or any other type of vehicle shall be connected to utilities except for the purpose of maintenance. Utilities shall include electricity and water. Habitation of a recreational vehicle, travel trailer, boat, boat trailer, camper, camper top or any other type of vehicle is prohibited.

Sec. 1.04 Variance

(a) If the owner, lienholder or mortgagee requests a variance from the current ordinance requirements, the City may grant such a variance, if: (1) Evidence or information is submitted by the owner, leinholder or mortgagee that such a variance is needed during the construction or repair of a residential dwelling. (b) Approval or disapproval of the variance by the city will be brought before the Council at the next regular meeting.

Sec. 1.05. Penalties for violation.

(a) Any person found in violation of any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $200.00. When any person refuses to comply with the provisions of this Ordinance or in emergency circumstances, then pursuant to V.T.C.A., Local Government Code § 431.001, the offending vehicle may be impounded or the tires blocked to prohibit the vehicle from moving. The impounded vehicle shall be taken into custody and have fees assessed in the same manner as the procedures regarding abandoned motor vehicles. (b) If any vehicle is found in violation of any provision of this Ordinance or of state statute regulating the stopping, standing or parking of a vehicle, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall constitute a prima facie presumption that the registered owner of such vehicle is the person who committed the violation. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code § 2.05. (c) The state department of transportation's computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.

SECTION 3

If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application there to any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 4

The fact the present ordinances and regulations of the City of Hawk Cove, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public that requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF OCTOBER 2006.