From
Megan Mahan
Title
An ordinance amending Chapter 25, "TRAFFIC" of the Code of Ordinance by the addition of Article VII, Administrative Adjudication of Parking Violations, by creating a civil penalty for certain parking offenses, providing a fine of $75 for each offense in violation of the ordinance
Presenter
Don Postell, City Attorney
Recommended Action
Approve
Analysis
This request is being initiated by the City of Grand Prairie after determining that certain parking violations are difficult to enforce and prosecute as a criminal offense. By turning them into civil violations, certain procedural requirements under the Code of Criminal Procedure do not apply. The burden of proof is lower than in a criminal offense. In a criminal offense, the State has to prove that the person who go the ticket was actually the person driving; in a civil offense, there is a presumption that the owner of the vehicle is the person who parked the vehicle. Further, a civilian can write these civil citations, which will free our police officers to focus on other criminal activity.
Through this civil adjudication process, we can create and enforce “two hour parking limit” signs. We also included many other parking violations so that the ordinance can grow and evolve as the city grows and evolves.
Financial Consideration
By turning these tickets into civil administrative tickets, we do not need to collect court costs that would normally be imposed in a criminal offense. These court costs range from approximately $50 up to $120 per violation. Instead, we will be able to keep all the money collected, less costs of administration. We will be utilizing our police officer interns to write the ticket, so we will not need to add any additional police staff to write these tickets.
The Municipal Court would like to use its hearing officer who has already been appointed by the city for the red light camera hearings. State law requires that a defendant can appear for an “on-the-spot” hearing, so we will set certain dates and times where the hearing officer will be available in case a defendant wanted to contest the ticket. This will likely increase his hours. Staff believes that the fines collected through this program will cover the costs of expenses incurred.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS BY THE ADDITION OF ARTICLE VII, ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS, BY CREATING A CIVIL PENALTY FOR CERTAIN PARKING OFFENSES; PROVIDING FOR A FINE OF $75 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING PUBLICATION AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
WHEREAS, The City of Grand Prairie has the responsibility to protect the public health and safety within the community; and
WHEREAS, the Texas Legislature has authorized cities to pass ordinances to allow for the administrative adjudication of vehicle parking and stopping offenses within the City, and the City has determined that it is in the interest of justice to create this process;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 25 TRAFFIC of the Code of Ordinances of The City of Grand Prairie by amended by the addition of ARTICLE VII: ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS, which should read as follows:
Sec. 25-70. - Purpose.
It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens of the City, by providing for administrative hearing officers with the authority to impose administrative penalties in order to provide an equitable, expeditious, effective and inexpensive method to adjudicate parking violations under the Code of Ordinances through the authority granted to the City in Chapter 682 of the Texas Transportation Code.
Sec. 25-71. - Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
City means the City of Grand Prairie, Texas.
Person means any natural person, corporation, partnership, joint venture, association (including homeowners or neighborhood associations), trust or any other entity recognized by law.
Sec. 25-72. - Authority and supplementary provisions.
The City, as a home-rule city, hereby adopts a procedure for administrative adjudication hearings pursuant to Chapter 682 of the Texas Transportation Code and the powers of self-rule granted by the voters under the City Charter as authorized by the Constitution of the State.
Nothing is this article shall preclude the City's pursuit of any and all other remedies allowed under the civil and criminal statutes. Neither shall the City be required to issue, nor be prohibited from issuing, criminal citations before, during, or after any proceeding prescribed in this article.
Sec. 25-73. - General authority and duties of city manager.
(a) The city manager or designee shall implement and enforce the provisions of this Article relating to hearing officers, administrative adjudication hearing procedures, and appeals and may by written administrative directive establish such rules or regulations, not inconsistent with this article, as the city manager or designee determines are necessary to discharge the duties under this Article.
(b) The city manager or designee shall implement and enforce the provisions of this Article relating to the issuance, service, and enforcement of parking citations and the collection of fines and costs and may by administrative directive establish such rules or regulations, not inconsistent with this division, as city manager or designee determines are necessary to discharge the duties under this Article.
Sec. 25-74. - Parking violations made civil offenses.
A violation of a provision of this Article governing the stopping, standing or parking of a vehicle is designated as a civil offense.
Sec. 25-75. - Duty of police or other officer; parking citations.
(a) A police officer, parking enforcement officer or any other city employee designated or authorized by the city manager shall issue a parking citation or notice to any person who commits a parking violation with instructions as how to resolve violations.
(b) If the owner or operator of the vehicle is not present at the time the citation is issued, the person issuing the citation may affix the citation to the vehicle in a conspicuous place.
(c) A citation issued under this Article must:
(1) provide information as to the time and place of an administrative adjudication hearing; and
(2) contain a notification that the person charged with the civil offense has the right to an instanter hearing.
(d) The original or any copy of the citation shall be kept as a record in the ordinary course of business of the municipality and is rebuttable proof of the facts it contains.
(e) A parking citation serves as summons and notice of the administrative adjudication hearing under this chapter. The original and all copies, including electronic copies, of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with this section.
Sec. 25-76.- Hearing officer and administrative adjudication hearing.
(a) The city manager or designee shall appoint one (1) or more hearing officers to administratively adjudicate stopping, standing, or parking violations under the Code of Ordinances. The hearing officers may conduct other administrative hearings as assigned by the city manager or as required under the Code of Ordinances.
(b) There is hereby established an office of administrative hearings to conduct administrative adjudication hearings for stopping, standing, or parking violations under the Code of Ordinances, and other administrative proceedings as assigned by the city manager or as required under the Code of Ordinances.
(c) A hearing officer shall have the authority to:
(1) Administer oaths;
(2) Preside over, hear evidence, accept admissions, make findings, and determine liability at administrative hearings under the Code of Ordinances;
(3) Issue orders enforceable by the municipal court compelling the attendance of witnesses and the production of documents;
(4) Issue orders of immobilization or impoundment of vehicles;
(5) Set conditions for the release of vehicles immobilized or impounded under this chapter;
(6) Administratively terminate citations or cases that the hearing officer determines to be uncollectable, unenforceable or erroneously issued;
(7) Assess civil fines, penalties, and costs for a violation in accordance with this chapter; and
(8) Preside over, hear evidence, make findings at immobilization and impoundment hearings under this chapter.
(d) A person charged with violating a stopping, standing, or parking ordinance is entitled to an administrative adjudication hearing as provided in this article. A person issued a parking citation shall answer the citation not later than the appearance date and during the hours specified on the parking citation.
(e) An answer may be made in any of the following ways:
(1) A person may admit liability and pay the applicable civil fine, and any additional penalties and costs. A person may pay in person, by mail, by electronic means, or by other method of payment as determined by the office of administrative hearings;
(2) A person may appear before a hearing officer at an instanter hearing on or before the appearance date and during the days and times specified on the parking citation; or
(3) A person may make a written request for a scheduled hearing.
(f) Payment of civil fines, costs, and fees assessed under this chapter operates as an admission of liability for the parking violation and is the final disposition of the parking violation charge.
(g) In any administrative adjudication hearing under this chapter:
(1) It is a rebuttable presumption that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place of the offense charged.
(2) It shall be an affirmative defense to the imposition of civil liability under this article, to be proven by a preponderance of the evidence, that:
a. An operator other than the owner assumes responsibility and liability for the violation;
b. The operator of the vehicle at the time of the offense is actually named in the parking citation;
c. The vehicle was sold prior to the date and time of the violation;
d. The vehicle was stolen at the time of the violation;
e. The registered owner was engaged in the business of renting or leasing vehicles under written rental or leasing agreements, and presents to the hearing officer at a hearing:
1. An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the vehicle at the time the parking citation was issued; or
2. A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address and driver's license number of the person that leased the vehicle.
(3) The original or any copy of the summons or citation and the Texas Department of Motor Vehicle's computer-generated record of the registered vehicle owner are prima facie evidence of the facts and contents contained therein.
(h) At a hearing, the parking citation is prima facie proof of its contents and the officer or other authorized person who issued the parking citation is not required to be present.
(i) It is not required that the prosecuting attorney attend the hearing. If the person is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing.
(j) No formal or sworn complaint shall be necessary.
(k) The Texas Rules of Evidence do not apply to a hearing under this section. Letters, memoranda, affidavits, photographs, and other documentary materials are admissible as evidence. A hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation.
(l) The hearing officer shall examine the contents of the citation, the evidence related to the ownership of the vehicle in question, any evidence filed with the citation, any affidavits written by the officers or witnesses, and shall hear and review the testimony and evidence presented by the person charged.
(m) If the hearing officer determines by the preponderance of the evidence that the violation was committed by the person charged, the hearing officer shall find the person charged liable.
(n) At the conclusion of the hearing, the hearing officer shall issue an order stating whether the person charged with the violation is liable for the violation and the amount of any fine, penalty, costs or fees against the person. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within ten (10) days of the hearing.
(o) The order shall be filed with the office of administrative hearings clerk. The clerk shall keep all such orders in a separate index or file. The order may be recorded electronically, digitally, using computer printouts, microfilm, microfiche, or similar data processing techniques.
(p) Failure to appear before a hearing officer on or before the appearance date specified on the citation shall be considered an admission of liability for the charged offense. In the event that the person charged requests a scheduled hearing, the failure of the person charged to appear in person or through counsel at the scheduled hearing shall also be considered an admission of liability.
(q) A municipal court may enforce an order of the hearing officer compelling the attendance of a witness or the production of a document.
(r) The order, citation, documents, and any other evidence shall constitute the record for appeal.
Sec. 25-77.- Appeal and enforcement.
(a) A person who is found liable after an administrative adjudication hearing may appeal that finding of civil liability to the municipal court by filing a notice of appeal with a clerk of the municipal court along with payment of a non-refundable filing fee in the amount of fifty dollars ($50.00). The notice of appeal must be filed not later than the 31st day after the date on which the administrative adjudication hearing officer entered the finding of civil liability. Unless the person, on or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay the enforcement of civil penalty. An appeal shall be determined by the municipal court by trial de novo. Any affidavits submitted shall be admitted by the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence.
(b) A person who accepts liability or fails to contest liability by the appearance date is not entitled to an appeal hearing.
(c) When an appeal petition is filed, the municipal court clerk shall schedule an appeal hearing and notify each party of the date, time and location of the hearing.
Sec. 25-78. - Enforcement.
(a) A hearing officer's order may be enforced by:
(1) impounding the vehicle that is the subject of the order when it is found on any public street, right-of-way, easement, or other public or city-owned property, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all fines, penalties, and costs assessed by the hearing officer;
(2) placing a boot on the vehicle that is the subject of the order when it is found on any public street, right-of-way, easement, or other public or city-owned property, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all fines, penalties, and costs assessed by the hearing officer;
(3) imposing an additional penalty to a civil fine not paid within the designated period;
(4) denying any parking permit; or
(5) any other measure allowed by law.
Sec. 25-79. - Procedures for impoundment and immobilization.
(a) When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property within the City, and such vehicle has met the criteria for immobilization or impoundment as provided in this Article, any authorized employee designated by the City Manager, peace officer, or parking enforcement officer for the City, may immobilize the vehicle by the installation on, or attachment to, the vehicle of a device, or boot, designed to prohibit the movement of the vehicle. In the alternative, such vehicle may be towed and impounded.
(b) At the time of immobilization, the person executing the immobilization shall attach to the vehicle a written notice on a form provided by the City that includes the following information:
(1) Notice that the vehicle has been immobilized pursuant to this section and that attempted movement may cause damage to the vehicle;
(2) Instructions as to release of the vehicle;
(3) Notice that the owner or operator may request a hearing regarding the immobilization within ten (10) business days following the date of immobilization; and
(4) Notice that the vehicle may be towed and impounded if the owner or a person authorized to act on behalf of the owner does not obtain a release of the vehicle within twenty-four (24) hours following the immobilization.
(c) Notice that failure to request or appear at a hearing as provided in this section waives any objection to the proposed impoundment or immobilization of the vehicle.
(d) In the event that the vehicle is towed and impounded, the owner shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees under this section.
(e) This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law.
Sec. 25-80. - Authority to establish prohibited parking areas and time limit parking areas.
The city manager or designee is hereby authorized to establish prohibited parking areas and time limit parking areas and to properly mark such areas. These areas shall be maintained in the traffic register.
Sec. 25-81. - Designation and marking of parking spaces and areas where parking is prohibited or limited.
(a) The city manager or designee shall cause parking spaces to be maintained and marked off in and on such streets and parts thereof as may be designated by the duly authorized person and he/she shall cause spaces in which parking is prohibited to be maintained and marked off in and on such streets and parts thereof as may be designated by the duly authorized person from time to time. The city manager or designee shall also cause time limit parking areas to be maintained and marked off in and on such part or parts of streets as may be designated by the city manager, or designee. All such spaces or areas shall be clearly indicated by appropriate signs or markings on the pavement. In areas designated as time limit parking areas, parking may be limited to any period prescribed by the duly authorized person, the same to be designated with clearly distinguishable markings or signs at both ends of the time limit area and at reasonable intervals between the beginning and ending of such time limit area, indicating the time allowed for parking in such area.
(b) Any time limit on parking established under this article shall apply on such days and between such hours as prescribed by the city manager or designee.
Sec. 25-82. - Violations.
(a) A person shall not:
(1) Stop, stand, or park a vehicle in violation of this chapter or state law; or
(2) Permit a vehicle owned by the person or registered in the person's name to stop, stand, or park in violation of this chapter or state law.
(b) If a parking space limit line is delineated on a street or parking lot owned or maintained by the city, a person:
(1) shall not park a vehicle on or across the line; and
(2) Shall park a vehicle entirely within the delineated area.
(c) A person shall not park a vehicle in a driveway of a parking lot owned or maintained by the city.
(d) A person other than a person operating a commercial vehicle shall not stop, stand or park a motor vehicle in a designated commercial service zone.
(e) A person operating a commercial vehicle shall not stop, stand, or park in a designated commercial service zone for more than thirty (30) minutes.
(f) A person shall not stop, stand, or park a vehicle in a zone marked as a safety zone, fire lane, or within fifteen (15) feet of a fire hydrant.
(g) A person shall not stop, stand, or park a vehicle in a prohibited parking area, no parking zone, or restricted parking area that is designated as a tow-away zone.
(h) A person shall not stop, stand, or park a vehicle on a sidewalk, right-of-way, or crosswalk.
(i) A person shall not stop, park or leave standing any vehicle, whether attended or unattended, upon the main-traveled part of a street, in a manner or under any condition which leaves available less than fourteen (14) feet of the width of the street for the free movement of vehicles.
(j) A person shall not back a vehicle into a parking space on a public street designated for head-in angle parking.
(k) A person shall not stop, stand, or park a vehicle within an alley in any position which blocks a driveway entrance to any abutting property.
(l) A person shall not double park or park two (2) vehicles within a single parking space.
(m) A person shall not stop, stand, or park a vehicle on a public street or highway facing the opposite direction of travel.
(n) A person shall not stop, stand, or park a vehicle with wheels over eighteen (18) inches from curb or edge.
(o) A person shall not stop, stand, or park a vehicle in a bus stop or taxi zone.
(p) When signs or markings are placed on a public street or in a public area giving notice thereof, a person shall not stop, stand or park a vehicle for a period of time longer than the time indicated on the signs or markings.
Sec. 25-83. - Administrative penalties, costs and fees.
(a) Unless another penalty is expressly provided by law, every person found liable of a violation of any provision of this chapter shall be punished by a civil fine or administrative fee of seventy-five dollars ($75.00).
(b) An additional penalty in an amount equal to the original fine will be assessed if a vehicle owner or operator, or the agent of the owner or operator, fails to:
(1) answer to a parking violation charge before his appearance date written on the citation or fails to appear at any hearing; or
(2) after being found liable, pay all civil fines, fees, and costs assessed for a parking violation within the time designated by the hearing officer.
(c) A penalty assessed under this section may be waived by a hearing officer, or by a municipal judge on appeal at their discretion.
(d) Penalties, costs and fees assessed under this article shall be paid to the City or its agent for the use and benefit of the city.
SECTION 2. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Grand Prairie, and this ordinance shall not operate to repeal or affect any other ordinance except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance(s) are hereby repealed.
SECTION 3. If any portion of this ordinance is declared to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of provisions shall remain in full force and effect.
SECTION 4. This ordinance shall become effective from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 1ST DAY OF SEPTEMBER, 2015.