§ 26-157. Payment; overtime parking and feeding meters prohibited.

(a)

Parking in a metered zone during the restricted and regulated time applicable to the parking meter zone in which such meter is located requires payment in the amount applicable to that metered zone, which may be paid through operation of the meter as provided in section 26-154 of this Code. The maximum time to park in a parking meter zone is indicated on the receipt issued pursuant to section 26-154 of this Code, by appropriate street signage, or by signage located on the parking meter. It shall be unlawful to park beyond the maximum legal parking limit applicable to a parking meter zone.

(b)

It shall be unlawful for the owner or operator of a vehicle to park the vehicle in any parking metered zone without paying the applicable parking fee.

(c)

It shall be unlawful for the owner or operator of a vehicle to allow the vehicle to remain parked in any parking meter zone beyond the time paid to park such vehicle.

(d)

It shall be unlawful for the owner or operator of any vehicle or for any person on behalf of another person to deposit any coin or make any other form of payment ("feed the meter") for the purpose of parking beyond the maximum legal parking limit applicable to the parking meter zone.

(e)

Parking a vehicle in any parking zone in excess of the time paid for such vehicle for parking in such parking zone shall be the initial offense under this division. It shall also be unlawful to continue such violation, and more than one ticket may be issued for a continued violation under this division.

(f)

If a notice on the meter itself or applicable signage placed under section 26-155 of this Code states that the parking metered zone is not effective during certain hours or on certain days, then this section shall not be applicable during those days or times.

(g)

Exemption for vehicles in public law enforcement service.

(1)

As used in this subsection the term "peace officer" shall mean those persons who are defined as "peace officers" under § 2.12 of the Texas Code of Criminal Procedure and those employees of federal agencies who are authorized to carry handguns, investigate federal crimes, and make custodial arrests of persons accused of committing federal crimes.

(2)

As used in this subsection the term "department head" shall mean the police chief or his designee which shall be of a rank no lower than assistant chief of police, sheriff, constable or other duly elected or appointed official in charge of the department or agency that employs a peace officer, provided that if the peace officer is employed by a state or federal agency, then it shall mean the person principally in command of the agency's division, field office or other work group that is responsible for the agency's operations within the city.

(3)

It is a defense to prosecution under this section that the person who parked the vehicle is a peace officer and that he presents to the municipal court two affidavits:

a.

One affidavit shall be duly executed by his department head and shall set forth:

[1]

That the person was at the time of the alleged offense employed under the department head's command as a peace officer;

[2]

That the vehicle parked was at the time of the alleged offense owned by or in the service of the State of Texas or the United States or an agency or subdivision thereof; and

[3]

That the peace officer was (based upon department head's personal knowledge or upon the records of the department head's office) at the time of the alleged offense engaged in the performance of his officially assigned duties of office and was not parked while the peace officer was working at his customary office or job site.

b.

The second affidavit shall be duly executed by the peace officer who parked the vehicle and shall state that while the vehicle was parked at an expired parking meter, the peace officer was engaged in the performance of his officially assigned duties of office, not at his customary office or job site, and:

[1]

The vehicle was not parked at an expired parking meter for more than a total of four hours on the occasion during which the alleged offense arose; or

[2]

Although the vehicle was parked for more than four hours at an expired parking meter, the peace officer was continuously engaged in the performance of his officially assigned duties of office the entire time the vehicle was parked at the meter and was not at his customary office or job site.

(Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 09-2, § 10, 1-7-09; Ord. No. 2011-1175, § 7, 12-14-2011; Ord. No. 2013-479, § 2, 5-29-2013)