§ 10-13-13. Parking on private property; signed.

(A)

Offense.

1.

It shall be unlawful to park a motor vehicle on private property where a sign has been posted that prohibits such parking and contains the language of (a), (b), (c) or (d) below or language substantially similar thereto:

(a)

"PARKING PROHIBITED AT ALL TIMES.

UP TO $500 FINE.

VEHICLES MAY BE IMPOUNDED AT OWNER'S EXPENSE.

BY CITY ORDINANCE."

(b)

"PARKING PROHIBITED FROM [THE HOUR INDICATED] TO [THE HOUR INDICATED].

UP TO $500 FINE.

VEHICLES MAY BE IMPOUNDED AT OWNER'S EXPENSE.

BY CITY ORDINANCE."

(c)

"PARKING OF [THE TYPE(S) OF MOTOR VEHICLE(S) INDICATED] PROHIBITED AT ALL TIMES.

UP TO $500 FINE.

VEHICLES MAY BE IMPOUNDED AT OWNER'S EXPENSE.

BY CITY ORDINANCE."

(d)

"PARKING OF [THE TYPE(S) OF MOTOR VEHICLE(S) INDICATED] PROHIBITED FROM [THE HOUR INDICATED] TO [THE HOUR INDICATED].

UP TO $500 FINE.

VEHICLES MAY BE IMPOUNDED AT OWNER'S EXPENSE.

BY CITY ORDINANCE."

A sign described by this subsection may specify the day or days during which parking is prohibited.

2.

The definition of an offense under this ordinance does not require a culpable mental state. The definition of an offense under this ordinance plainly dispenses with any mental element as authorized by Section 6.02 of the Texas Penal Code. It is hereby declared that for an offense under this ordinance, the culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and clearly dispensed with.

(B)

Punishment.

1.

A violation of this ordinance shall be punishable by a fine of not more than $500.00.

2.

For purposes of this section, it is presumed that the registered owner of the motor vehicle is the person who parked the motor vehicle at the time and place the offense occurred.

3.

For purposes of this section, it is presumed that the following person or entity owns the property on which the motor vehicle is parked:

(a)

The person or entity whose name is on the City of Midland water bill for the property;

(b)

The person or entity who is paying the taxes or owns the property according to records of the Midland Central Appraisal District; or

(c)

The person or entity who is paying the taxes or owns the property according to records of Midland County, Texas.

4.

The City of Midland Municipal Court upon its own motion may, or upon the motion of a party shall, take judicial notice of this section, all records of the City of Midland, Texas, including records of the Customer Service Division, all records of the Midland Central Appraisal District, and all records of Midland County, Texas.

(C)

Affirmative Defenses.

1.

It is an affirmative defense to prosecution of any violation under subsection (A):

(a)

That the required signage was not conspicuously located at all paved, curb cut entrances to the property where the violation is alleged to have occurred.

(b)

That the motor vehicle was parked for a purpose specifically associated with the private property, including, but not limited to loading, unloading, delivery, or security purposes, or for a demonstrable emergency purpose.

(D)

Impoundment. A motor vehicle parked in violation of this section may be impounded only by or under the direction of a peace officer.

( Ord. No. 9816 , §1, 9-11-2018)