ORD 1985-21 - Trailer ParkingORDINANCE NO. 85 -21
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING
CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, TO PROHIBIT PARKING
OF CERTAIN VEHICLES AND TRAILERS UPON THE PUBLIC STREETS;
PROVIDING A PENALTY OF UP TO $200; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: The Code of Ordinances of the City of Huntsville, Texas, is
hereby amended by the repeal of Sec. 12 -51. as it presently exists,
and by the adoption of a new Sec. 12 -51 that shall read as follows:
Sec. 12 -51. Parking prohibited or certain vehicles and purposes.
(a) A person commits an offense if he stops, stands or parks
upon a public street:
(1) A commercial motor vehicle, truck tractor, trailer, or
semitrailer;
(2) A vehicle for the purpose of repair, service, washing
or displaying it for sale.
(b) It is an exception to the application of subsection (a) if:
(1) The vehicle's manufacturers rated carrying capacity
does not exceed two thousand (2000) pounds (three- fourths (3/4)
ton or less);
(2) The vehicle is parked for the purpose of loading or
unloading merchandise, supplies and materials to or from a
residence or business house and the vehicle is removed from the
street within one hour; or
(3) Such vehicle is not attached to a trailer and is being
used as a private passenger vehicle.
(c) It shall be a defense to any prosecution of subsection
(a)(2) that such repair or service was necessitated by emergency and
that the vehicle was removed from the street within one hour after it
became disabled.
(d) A person commits an offense it he parks upon a public street
for more than twenty -four consecutive hours:
(1) a vehicle that has an overall length of nineteen (19)
feet or more; or
(2) any vehicle having a trailer attached thereto.
(e) A person commits an offense if he stops, stands or parks
upon a public street and without a vehicle attached thereto an
airplane, boat trailer, bus, camper, farm implement, horse trailer,
house trailer, trailer, travel trailer, utility trailer, or any
similar vehicle with or without motive power designed for carrying
persons or property.
Section 2: Any person, firm, or corporation violating any provisions of
this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up
to Two Hundred Dollars ($200.00) upon conviction. Each day during or
upon which said person shall violate or continue violation of any
provision of this Ordinance or non-compliance with any requirement of
this Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a
distinct and separate offense.
Section 3: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
Section 5: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the date
of final passage.
PASSED AND APPROVED this 27th day of August, 1985.
THE CITY OF HUNTSVILLE
Ruth DeShaw, City Secretary
APPROVED AS TO FORM:
NJ1#
Scott Bounds, City Attorney
an Monday, Its Mayor