§ 26-2. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Alley means any street, as herein defined, of 20 feet or less in width having no legal or official name other than "alley."

    Animal has the meaning ascribed in Texas Agricultural Code section 141.001 which states an animated being that is not human and has the power of voluntary action.

    Appearance means either:

    (1)

    The entry of an appearance, in person or through legal counsel, in the municipal courts system to contest a parking citation and the making of a bond in any manner authorized by law and approved by the municipal courts to secure appearance at the administrative hearing, as applicable; or

    (2)

    The uncontested disposition of a parking citation by payment in good and sufficient funds received by the parking official in the applicable amount established by the municipal courts for the uncontested payment of the fine for the parking citation, including all applicable fees and costs.

    Authorized emergency vehicle means:

    (1)

    A fire department or police vehicle;

    (2)

    A public or private ambulance operated by a person who has been issued a license by the Texas Department of State Health Services;

    (3)

    A municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of a municipality;

    (4)

    A private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency;

    (5)

    An industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the Texas Industrial Emergency Services Board of the State Firemen's and Fire Marshals' Association of Texas; or

    (6)

    A vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs.

    Blockface means that portion of a block that abuts a street between two intersecting streets.

    Bus means a motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab or limousine, designed and used for the transportation of persons for compensation.

    Bus zone means the area or space officially set apart within a roadway by one or more appropriate signs or markings for the exclusive use of buses for loading and unloading passengers.

    Central business district means the area beginning at the intersection of the centerline of U.S. 59 and the centerline of I.H. 45; thence in a northwesterly and northerly direction along the centerline of I.H. 45 to its intersection with the centerline of I.H. 10; thence in an easterly direction along the centerline of I.H. 10 to its intersection with the centerline of U.S. 59; thence in a southwesterly direction along the centerline of U.S. 59 to its intersection with I.H. 45, the point of beginning.

    Commercial vehicle means a truck or other vehicle that displays one or more commercial vehicle signs, but does not include a taxi, limousine, or bus.

    Commercial vehicle signage means one or more magnetic signs or painted letters on the front door on each side of the commercial vehicle stating, in letters at least two inches in height, the name, logo, or other designation of the person owning or operating the vehicle.

    Department means the department of administration and regulatory affairs.

    Digital payment means payment of a parking meter, parking zone, or parking facility fee through an online application or by using a mobile device.

    Director means the director of the department of administration and regulatory affairs.

    Driver means any person who drives or is in actual physical control of a vehicle.

    Esplanade has the meaning ascribed in section 33-101 of this Code.

    House trailer means a trailer or semi-trailer:

    a.

    That is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or

    b.

    Whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection a., but is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

    Large vehicle means a "motor vehicle" or a "trailer," as defined herein, that is in excess of eight feet in height at the highest point on the vehicle or trailer or in excess of 22 feet in length. To the extent that any motor vehicle is coupled or otherwise attached to a trailer, then the motor vehicle and trailer shall together be deemed as constituting a single large vehicle if the combined length of the motor vehicle and trailer exceeds 30 feet.

    Legal holidays means and includes only such holidays as are officially designated by the city council.

    Livestock has the meaning ascribed in Texas Agricultural Code Section 1.003.

    Median strip means the dividing area, either landscaped or paved, between opposing highway traffic lanes.

    Meter means a parking meter that has been installed by or on authority of the city.

    Motor vehicle means any vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

    Off-street parking means vehicular parking that is provided in a location other than in a public right-of-way.

    Owner means a person, other than a lienholder, having the property interest in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

    Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers or merchandise except an involuntary stopping of such vehicle by reason of mechanical failure or direction of a police officer.

    Parking citation means a citation, returnable in the municipal courts of the city, issued for the alleged violation of any city ordinance or state penal law regarding the parking of vehicles.

    Parking enforcement officer means an employee of the department assigned to enforce the provisions of this chapter.

    Parking management division means that portion of the department responsible for on-street parking, off-street metered parking, temporary restriction of access to metered parking, commercial vehicle loading zone permits, residential parking permits, newsrack permits, and such other parking responsibilities as may be designated by the director from time to time.

    Parking meter collector means an employee of the department assigned to collect revenue from and perform repair and maintenance services on parking meters.

    Parking official means the director or such other person as the director may designate to act as the parking management official of the city and the said official's designee.

    Pedestrian means any person afoot.

    Pole trailer means any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.

    Police officer means any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

    Rental vehicle means a motor vehicle operated pursuant to a lease, rental agreement, independent contractor vehicle for hire operating agreement, or other transaction whereby in exchange for monetary or other valuable consideration one person ("the lessor") transfers the right to possess and operate a motor vehicle to another person ("the lessee").

    Residential district means the territory contiguous to and including a street or highway when the property on such street or highway for a distance of 300 feet or more is in the main improved with residences.

    Roadway means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel. In the event a street or highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately but not to all such roadways collectively.

    Semi-trailer means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

    Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

    Stop, stopping, standing , when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

    Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

    Taxi zone means the area or space officially set apart within a roadway by one or more appropriate signs or markings for the exclusive use of taxicabs licensed as such by the city.

    Traffic means pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together, while using any street or highway for purposes of travel.

    Traffic-control device means any sign, signal, marking, or device not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

    Traffic island means a raised area over which vehicles may not pass, placed at a junction of streets or between opposing traffic lanes.

    Trailer means any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

    Vehicle means any device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, excepting devices used exclusively upon stationary rails or tracks.

(Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 08-417, § 8, 5-14-08; Ord. No. 09-2, §§ 4, 5, 1-7-09; Ord. No. 2010-304, § 8, 4-21-2010, eff. 4-1-2010; Ord. No. 2010-846, § 10, 11-3-2010; Ord. No. 2011-1175, § 2, 12-14-2011; Ord. No. 2015-820, § 36, 8-26-2015)