Chapter 30. Traffic and Vehicles

The city hereby adopts as a part of this Code all of the provisions of the Transportation Code applicable to municipalities, including but not limited to V.T.C.A., Transportation Code §§ 541.001—552.008, as amended, together with all future amendments thereto.

The provisions of the state laws and all ordinances of the city regulating vehicles are hereby made applicable to all vehicles using private parking areas open to public use, and the entrances thereto and exits therefrom.

Proof in any prosecution for the violation of this chapter, that any official traffic-control device, traffic-control signal, flashing red light traffic-control signal, or flashing yellow light traffic-control signal was actually in place in the City of Bellaire, shall constitute prima facie evidence that the same was installed pursuant hereto.

Any vehicle removed under the provisions of this Code, and specifically under the provisions of chapter 18 hereof, may be redeemed or disposed of under the provisions of that chapter.

The Texas Manual on Uniform Traffic Control Devices for Streets and Highways, as published by the state department of highways and public transportation, as hereby adopted, and it is hereby required that all traffic signals, devices and other controls as therein specified shall be in accordance with said Manual on Uniform Traffic Control Devices for Streets and Highways.

All traffic-control devices in existence prior to the date of the passage of this article, shall be exempt from the effect of this section.

(a) All traffic-control devices, including signs, signals and markings (pavement and/or curb) installed or used for the purpose of directing and controlling traffic within the City of Bellaire, shall conform to the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (hereinafter called the manual), pursuant to Vernon's Ann. Civ. St. art. 6701d. All signs, signals and markings erected or used by the City of Bellaire shall be uniform and be located so far as practicable according to the directions and specifications shown in the manual throughout the city. All existing traffic-control devices, as authorized by this Code, and those erected in the future pursuant to the authority of this section, shall be consistent with the manual, state law and this Code and shall be deemed to be official traffic-control devices.

(b) All existing traffic-control devices, signs and signals (hereinafter called devices), authorized by sections of this Code existing prior to the date of adoption of this section, shall be deemed to be valid, official traffic-control devices.

(c) All persons and operators of any vehicles of any type shall obey the instructions of any official traffic-control device, sign, signal or marking applicable thereto, placed in accordance with this section, unless otherwise directed by a police officer.

(d) No person shall place, maintain or display upon or in view of any highway, street or alley, any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any traffic-control device. No person shall maintain or allow to be maintained any obstacle which interferes with or hides from view an official traffic-control device.

No person shall place or maintain nor shall any authority permit, upon any highway, street or alley, any traffic sign or signal bearing thereon any commercial advertising. Any such prohibited sign, signal or marking is hereby declared to be a public nuisance, and any officer of the city is empowered to remove the same or cause the same to be removed without notice.

(e) No person, except as shall be otherwise authorized by the director of public works, shall attempt to, or in fact alter, deface, injure, knock down or remove any official traffic-control device, sign or signal.

(f) The city council does hereby direct that the director of public works shall have the duty of erecting or installing upon, over, along or beside any highway, street or alley, traffic-control devices, signs, signals and markings, or to cause the same to be erected, installed or placed in accordance with this section of the Code of Ordinances and consistent with the manual and the provisions of law. Said traffic-control devices shall be installed by the director of public works as soon as practicable after he shall determine the necessity for the same in accordance with the manual.

Whenever the director of public works has erected and installed an official traffic-control device, sign or signal at any location in the City of Bellaire, or has allowed such a traffic-control device, sign or signal to be maintained as existing, or has caused the same to be done under his direction in obedience to this section, a written report shall thereafter be filed with the city clerk, signed officially by the director of public works, stating the type of traffic-control device, signal or sign and where the same was erected or installed. In addition, he shall file, as part of his report, a certification that said traffic-control device, signal or sign is in accordance with the warrants specified in the manual, or in the case where no warrants are specified or no provisions are contained in such manual, then in accordance with law.

(Ord. No. 83-087, § 1, 11-21-1983)

It shall be unlawful for any person to drive or propel any vehicle, or drive or ride or lead any horse or other animal other than dogs or cats, in, over or through any park, midway or esplanade located in the city, except along and upon drives, roads or streets adjacent to or through such parks, roadways or esplanades.

(a) There is hereby prohibited within the city, the operation of any vehicle or equipment of greater weight, length, width or height, including its load, than that specified in state law, unless and until the person operating the same files with the city clerk, an agreement in writing together with a surety bond with surety acceptable to the city, or an insurance policy in a company acceptable to the city, or cash, said bond, policy or cash to be in the amount of at least $10,000.00, all conditioned on saving the city harmless from all expense, loss and damage that may arise out of any injury to public property in the city by reason of the operation of such vehicle or equipment, including load, if any, within the city.

(b) It shall be unlawful for any person to drive or operate a truck having dual rear wheels or more than two axles in the 4300 or 4400 block of Lafayette Street in the City of Bellaire, Texas; provided, however, this prohibition shall not apply when any such truck is en route to or from a destination in the 4300 or 4400 block of said Lafayette Street.

The director of public works is directed to place or cause to be placed at appropriate places along the street right-of-way in the 4300 and 4400 blocks of Lafayette Street appropriate signs designed to make the public aware of the prohibition set forth in this subsection.

It shall be unlawful for the driver of any motor vehicle to flee or attempt to flee from a police officer who orders, directs, or signals such driver to stop by voice and/or red light and/or siren. The fact that any driver of a motor vehicle flees or attempts to flee from a police officer who orders, directs or signals such driver to stop by voice and/or red light and/or siren, and necessitates a high-speed chase or pursuit along the public streets of the city shall be prima facie evidence that it was willfully done, and the fact that a high-speed chase or pursuit was necessitated to stop such driver shall be prima facie evidence that such driver was attempting to flee from such police officer.

(a) If any driver or operator of a motor vehicle upon any public street or upon any drive in any public park, within the corporate limits of the city shall, with negligence collide with or cause damage to any other motor vehicle of any kind whatsoever, or with any other property at any place within the city, he shall be held guilty of negligent collision, and upon conviction shall be punished as provided in section 1-10 of this Code; provided, no such fine shall be less than $25.00. Negligence, as herein used, shall be defined as the failure to use that degree of care that a reasonable and prudent person would use under the same or similar circumstances.

(b) Proof of no intent on the part of any operator of any motor vehicle, charged with an offense under this section, to collide with any other motor vehicle or with any other property shall be no defense to any charge filed under the authority of this section.

(c) Nothing contained in this section shall authorize the prosecution of any person for the violation of the same while such person is operating any fire department or police department vehicle of the city in the performance of his duty, provided, that it shall not be necessary in any complaint, action or proceeding under this section to negate this exception, but the same shall be proved by the defendant by way of defense.

The driver of a vehicle shall not back the same into an intersection or around any corner of any intersection.

The drivers of vehicles upon Interstate Highway 610, within the city are hereby prohibited from operating such vehicles in reverse gear on said highway.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command at the scene.

The following streets or portions of streets within the city are hereby designated as one-way streets. it shall be unlawful for any person to drive or operate any vehicle in any direction other than the indicated direction upon any such street or portion of street.

_____

_____

(a) It shall be unlawful for any person to operate any motor vehicle upon any property where official traffic-control devices reading "motor vehicles excluded" have been installed. Such traffic-control devices shall be installed at such times and locations as shall be directed by the chief of police of the City of Bellaire. The term "motor vehicle" as used in this section shall mean trucks, automobiles, motorcycles, motor scooters, motor bikes, motor carts or go-carts and any other type of vehicle having a motor as its means of propulsion, including such motor vehicles that may be otherwise defined by state law or in this Code.

(b) Any person, 16 years of age or under, who violates any of the provisions of this section shall be, for the first offense, notified in writing by the police department with a copy addressed to the parents or guardian of the offender, stating the nature of the violation and a warning that a repetition of the violation, or any other violation, should be prevented by the parents or guardian. Any person over 16 years of age violating any of the provisions of this section, or who fails to comply therewith, shall, upon conviction thereof, be punished as provided in section 1-10 of this Code.

It shall be unlawful for any person to operate any truck of a size in excess of 20,000 pounds and three axles upon any of the public streets of the City of Bellaire with the exception of the main lanes of Interstate Highway 610, I-610 East Service Road, I-610 West Service Road, Bellaire Boulevard, Bissonnet Street, South Rice Avenue, and that portion of Fournace Place beginning at I-610 East Service Road and extending to South Rice Avenue. It is, however, expressly provided that this Section shall not apply to any truck of a size in excess of 20,000 pounds and three axles, which truck shall have a pre-determined, definite destination upon any public street within the City of Bellaire.

Official traffic-control devices bearing the words "do not block intersection" or Symbol R10-7 of the Manual, as published by the state department of highways and public transportation, shall be installed at the following locations. It shall be unlawful for the operator of any vehicle to stop, stand, park or otherwise cause his vehicle to block the following intersections, notwithstanding any official traffic-control devices or signal indication to enter such intersection.

_____

_____

Official traffic-control devices bearing the words "do not enter" or Symbol R5-1 of the Manual, as published by the state department of highways and public transportation, shall be installed at the following locations. It shall be unlawful for the operator of any vehicle to enter any street, roadway, or other way when such device has been erected.

Location

On the eastbound lanes of Bellaire Boulevard, 200 feet east of the intersection of Bellaire Boulevard and Fifth Street, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and Newcastle Drive, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and Avenue B, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and First Street, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and Second Street, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and Third Street, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and South Rice Avenue, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and Fifth Street, facing east.

On the eastbound lanes of Bellaire Boulevard, immediately west of the intersection of Bellaire Boulevard and Mapleridge Street, facing east.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and Newcastle Drive, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and Avenue B, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and First Street, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and Second Street, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and Third Street, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and South Rice Avenue, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and Fifth Street, facing west.

On the westbound lanes of Bellaire Boulevard, immediately east of the intersection of Bellaire Boulevard and Mapleridge Street, facing west.

On the northwest corner of Bellaire Boulevard eastbound lanes at the Bellaire Boulevard U-turn lane at the intersection of Bellaire Boulevard and Bissonnet Street, facing east.

On the southbound lane of Chimney Rock Road, immediately north of the intersection of Chimney Rock Road and Maple Street, facing south.

On I-610 East Service Road, at the Bellaire Boulevard/Bissonnet Street exit ramp, facing north.

On I-610 East Service Road, at the Fournace Place exit ramp, facing north.

On I-610 West Service Road, at the Beechnut exit ramp, facing south.

On I-610 West Service Road, at the Bellaire Boulevard exit ramp, facing south.

On I-610 West Service Road, at the Evergreen Street exit ramp, facing south.

On I-610 West Service Road, at the Fournace Place exit ramp, facing south.

Official traffic-control devices bearing either the words "exit only" or the words "entrance only," shall be installed at the following locations in accordance with the designation specified opposite each such location described below. It shall be unlawful for the operator of any vehicle to enter at any location designated as an exit and conversely, to exit at any location designated as an entrance, when such devices have been erected.

(a) Definitions. The following definitions apply to this section:

(1) Electronic message means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, a text-based communication, a command or request to access an internet site, or other data that uses a commonly recognized electronic communications protocol.

(2) Wireless communication device has the meaning assigned in Section 545.425 (Use of Wireless Communication Device; Offense) of the Texas Transportation Code.

(b) A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message while operating a moving motor vehicle in a driving lane, including when stopped (for example, at a stop sign or traffic light), except for:

(1) Making a telephone call;

(2) Operating a global positioning or navigation system that is affixed to the vehicle;

(3) Obtaining emergency assistance to report a traffic accident, medical emergency or serious traffic hazard or to prevent a crime about to be committed; or

(4) In the reasonable belief that a person's life or safety is in immediate danger.

(c) This section does not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity.

(d) To the extent that this section conflicts with the Texas Transportation Code Section 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or Texas Transportation Code Section 545.425, regarding the use of wireless communication devices in school crossing zones, this section does not apply.

(Ord. No. 09-085, § 1(App. A), 12-7-2009)

(a) Definitions. The following words, terms and phrases when used in this section will have the meaning set forth in this subsection, except when the context clearly indicates a different meaning:

Safe distance means:

(1) While passing, a separation between a motor vehicle and a vulnerable road user that, when all road, traffic and weather conditions are considered, provides the motorist sufficient space and time to avoid a collision with a vulnerable road user but, in any event, not less than three feet if the operator's vehicle is a passenger car or light truck and not less than six feet if the operator's vehicle is a truck (other than a light truck) or a commercial vehicle as defined by V.T.C.A., Transportation Code § 522.003; or

(2) While trailing, a separation between a motor vehicle and a vulnerable road user that, when all road, traffic and weather conditions are considered, provides the motorist sufficient space and time to avoid a collision with a vulnerable road user.

Vulnerable road user means:

(1) A pedestrian (including a runner), physically disabled person (including a person in a wheelchair), stranded motorist or passenger, highway construction or maintenance worker, tow truck operator, or utility worker in the roadway.

(2) A person on horseback or operating a horse-driven conveyance, in the roadway;

(3) A person operating a bicycle (including an electric bicycle), hand cycle, or other human-powered wheeled vehicle in the roadway; or

(4) A person operating a moped, motor-driven cycle, or motor-assisted scooter, as those terms are defined in V.T.C.A., Transportation Code §§ 541.201 and 551.351, as applicable.

(b) Action required. An operator of a motor vehicle or motorcycle shall:

(1) When passing a vulnerable road user on a highway or street:

a. Vacate the lane in which the vulnerable road user is located if the highway or street has two more marked lanes running in the same direction if such action can be taken safely; or

b. Pass the vulnerable road user at safe distance; or

(2) When making a turn at an intersection (including an intersection with an alley or private road or driveway), yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard.

(c) Prohibited action. An occupant of a motor vehicle may not:

(1) Knowingly throw or project any object or substance at or against a vulnerable road user, or the user's animal, equipment, vehicle or conveyance;

(2) Overtake a vulnerable road user traveling in the same direction and subsequently make a turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right-hand turn; or

(3) Maneuver the vehicle in a manner that is intended to cause intimidation or harassment to a vulnerable road user or threatens a vulnerable road user.

(d) Affirmative defense. It is an affirmative defense to prosecution under this section that, at the time of the offense, the vulnerable road user was acting in violation of any applicable traffic law.

(Ord. No. 16-019, § 1, 4-4-2016)

(a) It shall be unlawful for any person to traverse a flooded street in an automobile, truck, boat, or other vehicle or vessel at such speed as to create a wake therein that may or is likely to cause personal injury or damage or increased flooding to the property or premises adjoining such flooded street or streets.

(b) It shall be an affirmative defense to prosecution under this section that the person was performing a rescue operation or was protecting the public order and safety.

(Ord. No. 18-072, § 1 (App. A), 11-5-2018)

Official traffic-control devices bearing the words "no right turn" or Symbol R3-1 of the Manual, as published by the state department of highways and public transportation, shall be installed at the following locations. It shall be unlawful for the operator of any vehicle traveling on the indicated street in the indicated direction to make a right turn at such locations.

_____

Official traffic-control devices bearing the words "no left turn" or Symbol R3-2 of the Manual, as published by the state department of highways and public transportation, shall be installed at the following locations. It shall be unlawful for the operator of any vehicle traveling on the indicated street in the indicated direction to make a left turn at such locations.

(a) Official traffic-control devices bearing the Symbol R3-7R wording, "right lane must turn right," or Symbol R3-5R of the Manual, as published by the state department of highways and public transportation, shall be installed on the following streets at the indicated locations. It shall be the duty of every person operating any vehicle in the right lane of such street at such location to make a right turn.

(b) Official traffic-control devices bearing the Symbol R3-7R wording, "right lane must turn right," or Symbol R3-8R of the Manual, as published by the state department of highways and public transportation, shall be installed on the following streets at the indicated locations. It shall be the duty of every person operating any vehicle in the right lane of such street at such location to make a right turn, and any person operating a vehicle in the lane immediately to the left of the right lane of such street at such location shall have the option of making a right turn or proceeding straight through such intersection.

(a) Official traffic-control devices bearing the Symbol R3-7L wording, "left lane must turn left," or Symbol R3-5L of the Manual, as published by the state department of highways and public transportation, shall be installed on the following streets at the indicated locations. It shall be the duty of every person operating any vehicle in the left lane of such street at such location to make a left turn.

(b) Official traffic-control devices, bearing the Symbol R3-7L wording, "left lane must turn left," or Symbol R3-8L of the Manual, as published by the state department of highways and public transportation, shall be installed on the following streets at the indicated locations. It shall be the duty of every person operating any vehicle in the left lane of such street at such location to make a left turn, and any person operating a vehicle in the lane immediately to the right of the left lane of such street at such location shall have the option of making a left turn or proceeding straight through such intersection.

(Ord. No. 84-022, § 1, 3-5-1984)

Official traffic-control devices, bearing the words "no turn on red," being the Symbol R10-11a of the Manual, as published by the state department of highways and public transportation, shall be installed at the following locations. It shall be unlawful for the operator of any vehicle on the indicated street to make a turn at the indicated location while a traffic-control signal light is red.

(Ord. No. 24-082, § 1(App. A), 10-7-2024; Ord. No. 25-027, § 1(Exh. A), 3-17-2025)

Official traffic-control devices, bearing the words "no right turn—7:15 a.m. to 3:30 p.m., Monday through Friday," shall be installed at the following locations. It shall be unlawful for the operator of any vehicle on the indicated street to make a right turn at the indicated location between the hours of 7:15 a.m. and 3:30 p.m., Monday through Friday.

Official traffic-control devices, bearing the Symbol R3-5R of the Manual, as published by the state department of highways and public transportation, shall be installed as hereinafter provided. It shall be the duty of every person operating a vehicle on the indicated street in the indicated direction to make a right turn at such location.

Official traffic-control devices, bearing the words "No U-turn" or Symbol R3-4 of the Manual, as published by the state department of highways and public transportation, shall be installed as hereinafter provided. It shall be unlawful for the operator of any vehicle on the indicated street to make a U-turn at the indicated locations.

Official traffic-control devices, bearing the words "left turn only" or Symbol R3-5 of the Manual, as published by the state department of highways and public transportation, shall be installed on the following streets at the indicated locations. It shall be the duty of every person operating a vehicle on the indicated street in the indicated direction to make a left turn at such location.

It shall be unlawful for the operator of any vehicle traveling in the indicated direction, in the indicated lane of the indicated street, at the location herein set out, to make a change from one lane of such street to another when doing so would require the crossing of a solid white line which has been painted on the surface of the street between such lanes.

_____

Traffic-control signal lights shall be installed at the following intersections, and it shall be unlawful for any operator of any vehicle to fail to obey the signals of the same, whether they be red, green or amber in color, or flashing red or flashing yellow.

Intersection

I-610 East Service Road and Bellaire Boulevard

I-610 East Service Road and Bissonnet Street

I-610 East Service Road and Evergreen Street

I-610 East Service Road and Fournace Place

I-610 West Service Road and Bellaire Boulevard

I-610 West Service Road and Bissonnet Street

I-610 West Service Road and Evergreen Street

I-610 West Service Road and Fournace Place

Bellaire Boulevard and Bissonnet Street

Bellaire Boulevard and First Street

Bellaire Boulevard and Newcastle Drive

Bellaire Boulevard and South Rice Avenue

Bissonnet Street and Avenue B

Bissonnet Street and First Street

Bissonnet Street and Newcastle Drive

Bissonnet Street and South Rice Avenue

Chimney Rock Road and Dashwood Drive

Elm Street and South Rice Avenue

Evergreen Street and South Rice Avenue

Glenmont Drive and South Rice Avenue

Jessamine Street and South Rice Avenue

Laurel Street and South Rice Avenue

It shall be unlawful for the operator of any vehicle traveling on the indicated street in the indicated direction to fail to bring his vehicle to a complete stop and yield the right-of-way to any other vehicle approaching on the other indicated street when an R1-1 sign, bearing the word "Stop," has been erected pursuant to the Manual, as published by the state department of highways and public transportation.

_____

(Ord. No. 86-060, § 1, 7-21-1986)

_____

(a) The chief of police is hereby empowered, on the basis of his traffic investigation, to temporarily erect traffic-control devices bearing the legend "Stop," upon the public streets or intersections of the city adjacent to adjoining construction sites as he deems necessary under the circumstances; the nature, location and duration of said temporary regulation shall be filed in writing with the city clerk prior to the erection of the appropriate official traffic-control devices.

(b) No such temporary traffic-control regulation shall remain in effect for more than 90 days.

(c) As used herein, the term "construction site or sites" shall be construed to mean all locations for which a building, demolition or house moving permit has been issued by the city.

(d) All such temporary traffic-control devices shall be observed at all times, unless otherwise indicated on such devices, by all vehicles using the streets or portions thereof named in the written notice filed with the city clerk. Such writing shall constitute a public record, and all persons shall be charged with notice of the contents of the same.

It shall be unlawful for the operator of any vehicle traveling on the indicated street in the indicated direction to fail to yield the right-of-way to any other vehicle approaching the indicated intersection when an R1-2 sign, bearing the word "yield," has been erected pursuant to the Manual, as published by the state department of highways and public transportation.

_____

It shall be unlawful for the operator of any vehicle traveling on the indicated street in the indicated direction to fail to bring his vehicle to a complete stop and yield the right-of-way to pedestrians, bicycles or vehicular traffic approaching on the intersecting bikeway and pathway, when an R1-1 sign, bearing the word "Stop," has been erected pursuant to Manual, as published by the state department of highways and public transportation.

It shall be unlawful for the operator of any vehicle traveling on the indicated street in the indicated direction to fail to bring his vehicle to a complete stop and yield the right-of-way to any other vehicle approaching the entrance or exiting from a public park, at the locations hereinafter set out, when an R1-1 sign, bearing the word "Stop," has been erected pursuant to Manual, as published by the state department of highways and public transportation.

_____

It shall be unlawful for any person to operate a motor vehicle upon a public street within the city at a speed greater than is reasonable and prudent under the circumstances then existing. Unless otherwise hereinafter specifically provided, any speed in excess of 30 miles per hour shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.

It shall be unlawful for any person to operate any vehicle at a rate of speed in excess of 20 miles per hour on any portion designated by the director of public works (the "director") of the following street extents on school days when and where official traffic-control devices are installed and operational, pursuant to the manual, bearing language prohibiting such excess speed. The street portions and times designated by the director may be changed by the director from time to time as he or she determines necessary for the protection of the health and safety of the public.

(Ord. No. 01-055, § 2(30-84), 8-6-2001; Ord. No. 19-014, § 1 (App. A), 3-4-2019)

Official R2-140 traffic-control devices bearing the words "Speed Limit 40," shall be installed on the following streets or portions of streets pursuant to the Manual, as published by the state department of highways and public transportation. It shall be unlawful for any person to operate any vehicle at any greater rate of speed than 40 miles per hour at any time upon such streets or portions of streets.

(Ord. No. 25-044, § 2(App. A), 6-2-2025)

Official R2-135 traffic-control devices bearing the words "Speed Limit 35," shall be installed on the following streets or portions of streets pursuant to the Manual, as published by the state department of highways and public transportation. It shall be unlawful for any person to operate any vehicle at any greater rate of speed than 35 miles per hour at any time upon such streets or portions of streets.

(Ord. No. 25-044, § 2(App. A), 6-2-2025)

Official R2-155 traffic-control devices bearing the words "Speed Limit 55," shall be installed on the following streets or portions of streets pursuant to the Manual, as published by the state department of highways and public transportation. It shall be unlawful for any person to operate any vehicle at any greater rate of speed than 55 miles per hour at any time upon the following streets or portions of streets; and it shall further be unlawful for any person to operate any vehicle at a slower rate of speed than 40 miles per hour at any time upon such streets or portions of streets, except when necessary for safe operation or in compliance with law.

_____

(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within 15 feet of a fire hydrant;

(5) On a crosswalk;

(6) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

(7) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(b) No person shall park any vehicle upon a street or alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.

(c) No person shall park a vehicle upon any roadway for the principal purpose of:

(1) Storing such vehicle for more than 72 hours;

(2) Displaying such vehicle for sale; and/or

(3) Greasing or repairing such vehicle, except such emergency repairs as may be necessary to enable such vehicle to be moved off of such roadway at the earliest possible moment.

(a) It shall be unlawful for any person having registered in his name, owning, operating or being in charge of any motor vehicle to knowingly allow or permit the same to stop, stand or be parked on any street of the city in violation of any provision of this Code or ordinance of the city regulating or controlling parking.

(b) When any person is charged with having parked or left standing a vehicle on any street in the city or upon a public passageway upon private property at a place on such street or public passageway where parking of vehicles is prohibited, or with parking such vehicle on a street in a manner which violates the designated manner of parking a vehicle, or with parking such vehicle for a length of time in excess of that allowed in the space where such vehicle was parked, proof that the vehicle was, at the time of the offense alleged, owned by the person charged with the offense shall constitute prima facie evidence that the vehicle was parked or left standing at the place charged, by the owner. The owner of such vehicle shall have the right to introduce evidence to show that such vehicle was not parked by him as charged in the complaint.

No vehicle shall be parked within 15 feet of any fire hydrant.

It shall be unlawful for any person to park any vehicle at any time on any of the following streets or portions of streets when an R7-1 sign, bearing the words "No Parking - Any Time," shall be posted pursuant to the Manual, as published by the state department of highways and public transportation.

_____

(Ord. No. 86-060, § 1, 7-21-1986)

It shall be unlawful for any person to park any vehicle at any time between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, inclusive, on any of the following streets or portions of streets when official traffic-control devices shall be posted, bearing the R7-2 wording, "No Parking —8:00 a.m. to 4:00 p.m., Monday through Friday," or Symbol R7-2a of the Manual, as published by the state department of highways and public transportation.

It shall be unlawful for any person to park any vehicle at any time between the hours of 8:00 a.m. to 8:00 p.m., Monday through Friday, inclusive, on any of the following streets or portions of streets when official traffic-control devices shall be posted, bearing the R7-2 wording, "No Parking— 8:00 a.m. to 8:00 p.m., Monday through Friday," or Symbol R7-2a of the Manual, as published by the state department of highways and public transportation.

It shall be unlawful for any person to park any vehicle at any time within a distance of six feet on either side of all driveways located within the following streets or portions of streets:

It shall be unlawful for any person to park any vehicle at any time on any of the following portions of streets:

It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets for a period of time in excess of two hours when official traffic-control devices shall be posted, bearing the R7-5 wording, "two hour parking," pursuant to the Manual, as published by the state department of highways and public transportation.

It shall be unlawful for any person to park any vehicle at any of the following streets or portions of streets for a period of time in excess of one hour when official traffic-control devices shall be posted, bearing the R7-5 wording, "one hour parking," pursuant to the Manual, as published by the state department of highways and public transportation.

(Ord. No. 84-031, § 1, 3-19-1984)

It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets for a period of time in excess of 14 hours:

(a) It shall be unlawful for any person to park any vehicle on any of the following portions of streets within the city between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except momentarily for the loading or unloading of passengers.

_____

(b) The chief of police is hereby authorized to designate loading and unloading zones in commercial, business and school areas and to prohibit parking within such areas and to authorize the immediate towing of any vehicles parked in such areas. The chief of police, upon making such designation, shall file such designation with the city clerk.

Parking on either side of the eastbound lanes of Bellaire Boulevard between Ferris Street and South Rice Avenue is hereby prohibited.

Parking on the west side of South Rice Avenue between Locust Street and Aspen Street shall be parallel to the curb only, with the wheels nearest to the curb not more than three feet from the curb.

It shall be unlawful for any person to park any vehicle, other than a truck, and then for any period of time in excess of one hour, on the following portions of streets within the city:

_____

_____

(a) The chief of police is hereby empowered, on the basis of his traffic investigations, to temporarily limit and/or prohibit parking on such portions of streets adjacent to and/or adjoining construction sites as he deems necessary under the circumstances; the nature, extent and duration of said limitation or prohibition shall be filed in writing with the city clerk prior to the erection of the appropriate official traffic-control devices.

(b) No such temporary parking limitation or prohibition shall remain in effect for more than 90 days.

(c) As used herein, the term "construction site or sites" shall be construed to mean all locations for which a building, demolition or house moving permit has been issued by the City of Bellaire, Texas.

(d) All such temporary traffic-control devices shall be observed at all times, unless otherwise indicated on such devices, by all vehicles using the streets or portions thereof named in the written notice filed with the city clerk. Such writing shall constitute a public record, and all persons shall be charged with notice of the contents of the same.

It shall be unlawful for any person to park any vehicle, other than a bus, and then such bus shall not be parked for a period of time in excess of one hour, on the following portions of streets within the city:

_____

It shall be unlawful for any person to park any vehicle at any time between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday, inclusive, on any of the following streets or portions of streets when official traffic-control devices shall be posted, bearing the R7-2 wording, "No Parking - 7:00 a.m. - 9:00 a.m. and 4:00 p.m. - 6:00 p.m., Monday through Friday," or Symbol R7-2a of the Manual, as published by the state department of highways and public transportation.

(a) Any police officer of the City of Bellaire is hereby authorized to provide for the removal of any vehicle parked or standing in or on any portion of Interstate Highway 610, including the main lanes, emergency lanes, service roads or ramps thereof, when, in his opinion, the vehicle constitutes a hazard or the safety of the vehicle is imperiled.

(b) Any police officer of the City of Bellaire is further specifically authorized to provide for the removal of any vehicle:

(1) Parked or standing in or on any portion of a main traveled lane or ramp of Interstate Highway 610 within the city limits of the City of Bellaire; or

(2) Parked or standing for a continuous period of time in excess of four hours:

a) In or on an emergency parking lane of Interstate Highway 610 within the city limits of the City of Bellaire; or

b) Within 25 feet of the nearest part of any main traveled lane or ramp of Interstate Highway 610 within the city limits of the City of Bellaire.

Official traffic-control devices, standard signs MUTCD #R7-107, bearing the words "no parking - bus stop," pursuant to the Manual, as published by the state department of highways and public transportation, shall be installed at the following locations. It shall be unlawful for any person to park any vehicle, other than a bus, at the following locations:

(a) It shall be unlawful for any person to stop, stand, or park any vehicle, at any time between the hours of 8:00 a.m. and 5:00 p.m., school days, on any of the following streets or portions of streets where such streets have been posted for restricted stopping, standing, or parking:

_____

(b) Subsection (a) of this section shall not apply to commercial vehicles loading or unloading or parked in connection with the performance of a service, or to governmental vehicles.

(c) Subsection (a) of this section shall not apply to any vehicle displaying a valid parking permit for the location where it is parked.

(1) The director of community development (the "director") shall, upon application, issue address-specific parking permits for the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

(A) Upon application, the director shall issue up to five parking permits to each residence located in the restricted parking area designated in subsection (a) of this section. Such permit(s) may be issued with or without expiration dates upon regulations and procedures promulgated by the city manager.

(B) Temporary guest permits for periods not exceeding 14 days in length may be issued to each residence located in the restricted parking area designated in subsection (a) of this section in accordance with regulations and procedures promulgated by the city manager.

(C) Permits issued pursuant to this subsection may be transferred but may not be sold.

(2) It shall not be a defense to prosecution for violation of this section for a vehicle owner to have a valid parking permit but to not have displayed such permit.

(d) The city manager is authorized to add blocks of streets to or delete blocks of streets from the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

(1) The city manager shall add a block and/or street to or delete a block and/or street from the restricted parking area designated in subsection (a) of this section upon the receipt of a petition of not less than 75 percent of the property owners located on such block and/or street.

(2) Property owners located in the restricted parking area designated in subsection (a) of this section may elect to opt out of the restricted parking area by filing a petition with the city manager on or before October 1, 2001 (see enumerated item (1) above).

(3) Property owners located outside of the restricted parking area designated in subsection (a) of this section may elect to opt in to the restricted parking area by filing a petition with the city manager on or before October 1, 2001 (see enumerated item (1) above).

(4) Petitions to opt in or out of the restricted parking area designated in subsection (a) of this section submitted after the October 1, 2001, petition deadline may be considered by the city manager on or before June 1, 2002. Petitions may continue to be filed with the city manager on or before June 1 of each year thereafter in which this article shall remain in full force and effect (see enumerated item (1) above).

(5) The city manager shall not consider a petition for the same block and/or street more than once in any consecutive 24-month period.

(6) Petitions deemed valid by the city manager will be implemented as soon as possible after the petition deadline periods of October 1, 2001, June 1, 2002, and June 1 thereafter of each year in which this article shall remain in full force and effect.

(e) Persons found in violation of this section shall be subject to a fine of up to $200.00 per offense and/or may be towed from the restricted parking area designated in subsection (a) of this section and from future areas to be designated as "restricted" by the city manager under provisions included in subsection (d) of this section.

(Ord. No. 01-032, § 2, 5-7-2001; Ord. No. 02-018, § 2, 4-1-2002; Ord. No. 24-059, § 1(Exh. A), 8-19-2024)

(a) It shall be unlawful for any person to park any vehicle, at any time between the hours of 11:00 a.m. and 6:00 p.m., Friday through Sunday, May through September, on any of the following streets or portions of streets where such streets have been posted for restricted parking:

(b) Subsection (a) of this section shall not apply to commercial vehicles loading or unloading or parked in connection with the performance of a service, or to governmental vehicles.

(c) Subsection (a) of this section shall not apply to any vehicle displaying a valid parking permit for the location where it is parked.

(1) The director of community development (the "director") shall, upon application, issue address-specific parking permits for the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

(A) Upon application, the director shall issue up to five parking permits to each residence located in the restricted parking area designated in subsection (a) of this section. Such permit(s) may be issued with or without expiration dates upon regulations and procedures promulgated by the city manager.

(B) Temporary guest permits for periods not exceeding 14 days in length may be issued to each residence located in the restricted parking area designated in subsection (a) of this section in accordance with regulations and procedures promulgated by the city manager.

(C) Permits issued pursuant to this subsection may be transferred but may not be sold.

(2) It shall not be a defense to prosecution for violation of this section for a vehicle owner to have a valid parking permit but to not have displayed such permit.

(d) The city manager is authorized to add blocks of streets to or delete blocks of streets from the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

(1) The city manager shall add a block and/or street to or delete a block and/or street from the restricted parking area designated in subsection (a) of this section upon the receipt of a petition of not less than 75 percent of the property owners located on such block and/or street.

(2) Property owners located in the restricted parking area designated in subsection (a) of this section may elect to opt out of the restricted parking area by filing a petition with the city manager on or before July 1, 2009 (see enumerated item (1) above).

(3) Property owners located outside of the restricted parking area designated in subsection (a) of this section may elect to opt in to the restricted parking area by filing a petition with the city manager on or before July 1, 2009 (see enumerated item (1) above).

(4) Petitions to opt in or out of the restricted parking area designated in subsection (a) of this section submitted after the July 1, 2009, petition deadline may be considered by the city manager during the one-month period on or before May 1, 2010. Petitions may continue to be filed with the city manager during the one-month period on or before May 1 of each year thereafter in which this section shall remain in full force and effect (see enumerated item (1) above).

(5) The city manager shall not consider a petition for the same block and/or street more than once in any consecutive 24-month period.

(6) Petitions deemed valid by the city manager will be implemented as soon as possible after the petition deadline periods of July 1, 2009, May 1, 2010, and May 1 thereafter of each year in which this section shall remain in full force and effect.

(e) Persons found in violation of this section shall be subject to a fine of up to $200.00 per offense and/or may be towed from the restricted parking area designated in subsection (a) of this section and from future areas to be designated as "restricted" by the city manager under provisions included in subsection (d) of this section.

(Ord. No. 09-022, § 1(App. A), 4-6-2009)

(a) It shall be unlawful for any person to park any vehicle, at any time between the hours of 8:00 a.m. and 4:00 p.m., school days, or at such other times as the city manager may declare pursuant to subsection (e) of this section, on any of the following streets or portions of streets where such streets have been posted for restricted parking.

(b) Subsection (a) of this section shall not apply to commercial vehicles loading or unloading or parked in connection with the performance of a service, or to governmental vehicles.

(c) Subsection (a) of this section shall not apply to any vehicle displaying a valid parking permit for the location where it is parked.

(1) The director of community development (the "director") shall, upon application, issue address-specific parking permits for the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

a. Upon application, the director shall issue up to five parking permits to each residence located in the restricted parking area designated in subsection (a) of this section. Such permit(s) may be issued with or without expiration dates upon regulations and procedures promulgated by the city manager.

b. Temporary guest permits for periods not exceeding 14 days in length may be issued to each residence located in the restricted parking area designated in subsection (a) of this section in accordance with regulations and procedures promulgated by the city manager.

c. Permits issued pursuant to this subsection shall be for the sole use and benefit of the occupants of each residence to which such permits have been issued and their invitees, and may not be transferred or sold.

(2) It shall not be a defense to prosecution for violation of this section for a vehicle owner to have a valid parking permit but to not have displayed such permit.

(d) The city manager is authorized to add blocks or streets to or delete a block and/or street from the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

(1) The city manager shall add blocks of streets to or delete a block and/or street from the restricted parking area designated in subsection (a) of this section upon receipt of a petition of not less than 75 percent of the property owners located on such block and/or street.

(2) Property owners located in the restricted parking area designated in subsection (a) of this section may elect to opt out of the restricted parking area by filing a petition with the city manager on or before June 1, 2013.

(3) Property owners located outside of the restricted area designated in subsection (a) of this section may elect to opt in to the restricted parking area by filing a petition with the city manager on or before June 1, 2013.

(4) Petitions to opt in or out of the restricted parking area designated in subsection (a) of this section submitted after June 1, 2013, petition deadline may be considered by the city manager during the one-month period on or before May 1, 2014. Petitions may continue to be filed with the city manager during the one-month period on or before May 1 of each year thereafter in which this section shall remain in full force and effect.

(5) The city manager shall not consider a petition for the same block and/or street more than once in any consecutive 24-month period.

(6) Petitions deemed valid by the city manager will be implemented as soon as possible after the petition deadline periods of June 1, 2013; May 1, 2014; and May 1 thereafter of each year in which this section shall remain in full force and effect.

(e) The city manager is further authorized to enlarge the time of the parking restriction beyond the hours specified in subsection (a) of this section.

(f) Persons found in violation of this section shall be subject to a fine of up to $200.00 per offense and/or may be towed from the restricted parking area designated in subsection (a) of this section and from future areas to be designated as restricted by the city manager under the provisions included in subsection (d) of this section.

(Ord. No. 13-011, § 1(App. A), 3-4-2013; Ord. No. 24-060, § 1(App. A), 9-19-2024)

(a) It shall be unlawful for any person to park any vehicle, at any time between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, or at such other times as the city manager may declare pursuant to subsection (e), on any of the following streets or portions of streets where such streets have been posted for restricted parking.

(b) Subsection (a) shall not apply to commercial vehicles loading or unloading or parked in connection with the performance of a service, or to governmental vehicles.

(c) Subsection (a) shall not apply to any vehicle displaying a valid parking permit for the location where it is parked.

(1) The director of community development (the "director") shall, upon application, issue address-specific parking permits for the restricted parking area designated in subsection (a) in accordance with the following terms and conditions:

a. Upon application, the director shall issue up to five parking permits to each residence located in the restricted parking area designated in subsection (a). Such permit(s) may be issued with or without expiration dates upon regulations and procedures promulgated by the city manager.

b. Temporary guest permits for periods not exceeding 14 days in length may be issued to each residence located in the restricted parking area designated in subsection (a) in accordance with regulations and procedures promulgated by the city manager.

c. Permits issued pursuant to this subsection shall be for the sole use and benefit of the occupants of each residence to which such permits have been issued and their invitees, and may not be transferred or sold.

(2) It shall not be a defense to prosecution for violation of this section for a vehicle owner to have a valid parking permit but to not have displayed such permit.

(d) The city manager is authorized to add blocks or streets to or delete a block and/or street from the restricted parking area designated in subsection (a) in accordance with the following terms and conditions:

(1) The city manager shall add blocks of streets to or delete a block and/or street from the restricted parking area designated in subsection (a) upon receipt of a petition of not less than 75 percent of the property owners located on such block and/or street.

(2) Property owners located outside of the restricted area designated in subsection (a) may elect to opt in to the restricted parking area by filing a petition with the city manager on or before February 1, 2015.

(3) Petitions to opt in or out of the restricted parking area designated in subsection (a) submitted after March 1, 2014, petition deadline may be considered by the city manager during the one-month period on or before February 1, 2015. Petitions may continue to be filed with the city manager during the one-month period on or before May 1 of each year thereafter in which this section shall remain in full force and effect.

(4) The city manager shall not consider a petition for the same block and/or street more than once in any consecutive 24-month period.

(5) Petitions deemed valid by the city manager will be implemented as soon as possible after the petition deadline periods of March 1, 2014; February 1, 2015; and February 1 thereafter of each year in which this section shall remain in full force and effect.

(e) The city manager is further authorized to enlarge the time of the parking restriction beyond the hours specified in subsection (a).

(f) Persons found in violation of this section shall be subject to a fine of up to $200.00 per offense and/ or may be towed from the restricted parking area designated in subsection (a) and from future areas to be designated as restricted by the city manager under the provisions included in subsection (d).

(Ord. No. 14-009, § 1, 2-17-2014)

(a) It shall be unlawful for any person to park any vehicle, at any time between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, or at such other times as the city manager may declare pursuant to subsection (e), on any of the following streets or portions of streets where such streets have been posted for restricted parking.

(b) Subsection (a) shall not apply to commercial vehicles loading or unloading or parked in connection with the performance of a service, or to governmental vehicles.

(c) Subsection (a) shall not apply to any vehicle displaying a valid parking permit for the location where it is parked.

(1) The director of development services (the "director") shall, upon application, issue address-specific parking permits for the restricted parking area designated in subsection (a) in accordance with the following terms and conditions:

a. Upon application, the director shall issue up to five parking permits to each residence located in the restricted parking area designated in subsection (a). Such permit(s) may be issued with or without expiration dates upon regulations and procedures promulgated by the city manager.

b. Temporary guest permits for periods not exceeding 14 days in length may be issued to each residence located in the restricted parking area designated in subsection (a) in accordance with regulations and procedures promulgated by the city manager.

c. Permits issued pursuant to this subsection shall be for the sole use and benefit of the occupants of each residence to which such permits have been issued and their invitees, and may not be transferred or sold.

(2) It shall not be a defense to prosecution for violation of this section for a vehicle owner to have a valid parking permit but to not have displayed such permit.

(d) The city manager is authorized to enlarge the time of the parking restriction beyond the hours specified in subsection (a).

(f) Persons found in violation of this section shall be subject to a fine of up to $200.00 per offense and/or may be towed from the restricted parking area designated in subsection (a).

(Ord. No. 15-026, § 1, 5-18-2015)

(a) It shall be unlawful for any person to park any vehicle, at any time, Sunday through Saturday, on any of the following streets or portions of streets where such streets have been posted for restricted parking:

(b) Subsection (a) of this section shall not apply to commercial vehicles loading or unloading or parked in connection with the performance of a service, or to governmental vehicles.

(c) Subsection (a) of this section shall not apply to any vehicle displaying a valid parking permit for the location where it is parked.

(1) The director of development services (the "director") shall, upon application, issue (free of charge) address-specific parking permits for the restricted parking area designated in subsection (a) of this section in accordance with the following terms and conditions:

a. Upon application, the director shall issue five parking permits to each 4310, 4312, and 4314 Bellaire Boulevard residence for Mulberry Lane parking and to each residence located in the restricted parking area designated in subsection (a) of this section. Such permits may be issued with or without expiration dates upon regulations and procedures promulgated by the city manager.

b. Temporary guest permits for periods not exceeding 14 days in length per each occurrence may be issued to 4310, 4312, and 4314 Bellaire Boulevard residences for Mulberry Lane parking and to each residence located in the restricted parking area designated in subsection (a) of this section in accordance with regulations and procedures promulgated by the city manager.

c. Permits issued pursuant to this subsection shall be for the sole use and benefit of the occupants of each residence to which such permits have been issued and their invitees, and may not be transferred or sold.

(2) It shall not be a defense to prosecution for violation of this section for a vehicle owner to have a valid parking permit but to not have displayed such permit.

(d) Persons found in violation of this section shall be subject to a fine of up to $200.00 per offense and/or may be towed from the restricted parking area designated in subsection (a) of this section.

(Ord. No. 23-080, § 1(App. A), 11-6-2023; Ord. No. 24-037, § 1(App. A), 6-17-2024; Ord. No. 25-030, § 1(App. A), 4-7-2025)

(a) The city, as authorized by V.T.C.A., Transportation Code § 681.009(c)(2), as amended, adopts the standards and specifications for parking spaces and areas designated for persons with disabilities, as stated in V.T.C.A., Transportation Code § 681.009(b), as amended, being those standards and specifications adopted by the Texas Department of Licensing and Regulation (formerly known as the Texas Commission of Licensing and Regulation) under Section 5(i), Article 9102, as amended. A copy of these standards and specifications may be obtained from the city's department of community development.

(b) The city, and any person who owns or controls private property and designates a parking space or area to be used by persons with disabilities, shall comply with the standards and specifications herein adopted, relating to the identification and dimension of parking spaces for persons with disabilities.

(c) From and after the effective date of the ordinance from which this section is derived, it shall be unlawful for any person to park a motor vehicle, in a parking space designated for persons with disabilities, unless such vehicle is properly identified by a valid license plate or placard issued by the state department of transportation to persons with disabilities, or for any conduct which constitutes an offense under V.T.C.A., Transportation Code § 681.011, as amended.

(d) If any vehicle is found to be in violation of any provision of this section, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered is presumed to be the person who parked said vehicle at the time and place the offense occurred. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code § 2.05, as amended. The state department of transportation's computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.

(e) Any person violating any provision of this section shall be fined an amount not less than $500.00 or more than $750.00 and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. This penalty shall be subject to enhancement consistent with V.T.C.A., Transportation Code § 681.011(h) through (k), as amended.

(f) In a prosecution under this section, it is presumed that any parking space or area marked in compliance with the identification requirements referred to in subsection (a) of this section has been properly designed and designated by the owner or controller of the parking space or area for disabled parking.

(g) Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this section.

(Ord. No. 12-036, § 1(App. A), 8-6-2012; Ord. No. 13-011, § 1(App. A), 3-4-2013)

It shall be unlawful for any person to park any truck at any time on any of the following streets or portions of streets when a sign, bearing the words "No Truck Parking," shall be posted. For the purpose of this section:

(a) Parking includes temporarily loading or unloading merchandise for a non-residential site or use; and

(b) "Truck" means a motor vehicle which:

(1) Has three or more axles;

(2) Is designed and maintained primarily for the transportation of material or property; and

(3) Is used for the loading and unloading of such material or property.

(c) Locations where truck parking is prohibited:

(Ord. No. 24-081, § 1(App. A), 10-7-2024)