§ 10-13-14. Commercial motor vehicle parking prohibited.

(A)

Commercial motor vehicle. For purposes of this Section, "commercial motor vehicle" has the same meaning as is assigned to such term by Section 644.001 of the Texas Transportation Code, as may be amended.

(B)

Offense.

1.

Notwithstanding any provision of this Chapter to the contrary, a person shall not leave, park or stand a commercial motor vehicle upon any public street, alley or right-of-way, or permit the leaving, parking, or standing of a commercial motor vehicle upon any public street, alley or right-of-way.

2.

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

3.

The definition of an offense under this Section does not require a culpable mental state. The definition of an offense under this Section 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 Section, the culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and clearly dispensed with.

(C)

Punishment. A violation of this Section shall be punishable by a fine not to exceed $500.00.

(D)

Affirmative defenses. It is an affirmative defense to prosecution under this Section that:

1.

The commercial motor vehicle was being used for the construction, maintenance or repair of a street or utility;

2.

The commercial motor vehicle was parked by an agent or employee of a public utility or franchise utility company, and the public utility or franchise utility company had assigned the agent or employee duties that required the agent or employee to use the commercial motor vehicle and to be on-call;

3.

The commercial motor vehicle was parked by an agent or employee of a governmental body, and the governmental body had assigned the agent or employee duties that required the agent or employee to use the commercial motor vehicle;

4.

The commercial motor vehicle was a passenger bus taking on or discharging passengers;

5.

The commercial motor vehicle was parked for the purpose of loading or unloading freight or merchandise to a lawfully zoned business;

6.

The commercial motor vehicle was parked for no more than four hours for the purpose of delivering personal property to or collecting personal property from a specific location; or

7.

The commercial motor vehicle experienced a mechanical defect that made it unsafe or impossible to operate and was parked for such period of time necessary to make emergency repairs or, if repairs could not be made within four hours, until such time as a tow truck arrived to tow the commercial motor vehicle.

(E)

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

( Ord. No. 9817 , § 1, 9-11-2018)