15-09 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-09
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ARTICLE 12.05, "PARKING, STOPPING AND STANDING," OF CHAPTER
12, "TRAFFIC AND VEHICLES," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY ADDING A NEW SECTION 12.05.003,
"PARKING OF COMMERCIAL MOTOR VEHICLES," AND RESERVING
SECTIONS 12.05.004 THROUGH 12.05.030; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, the Texas Transportation Code, as amended, provides that the governing
body of a municipality may adopt parking regulations; and
WHEREAS, the Town has investigated and determined that additional parking
regulations relative to commercial motor vehicles are both warranted and prudent, and it is the
desire of the Town to adopt the following regulations related thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
Existing Article 12.05, "Parking, Stopping and Standing," of Chapter 12, "Traffic and
Vehicles," of the Code of Ordinances is hereby amended by adding a new Section 12.05.003,
"Parking of Commercial Motor Vehicles," and reserving sections 12.05.004 through 12.05.030,
to read as follows:
"ARTICLE 12.05 PARKING, STOPPING AND STANDING
Sec. 12.05.003 Parking of Commercial Motor Vehicles
Parking of commercial motor vehicles shall comply with the following provisions:
(a) It shall be unlawful for any person to park or store, or allow to be parked or stored, any
commercial motor vehicle upon any public street, alley, parkway, boulevard, public place, public
right-of-way or railroad right-of-way within the corporate limits of the Town. This subsection shall
not apply to street construction equipment, maintenance and repair equipment or trucks, rollers
and implements, equipment trailers or vehicles used by public service utility companies
engaged in repairing or extending public service utilities when used, or intended for use, in the
general vicinity; motor buses when taking on or discharging passengers at the customary bus
stops; vehicles parked in a designated loading zone while in the act of accepting from the
immediate shipper or delivering to a consignee or addressee any transportable thing; or
vehicles with mechanical defects during the time it takes to make emergency repairs.
(b) It shall be unlawful for any person to park or store, or allow to be parked or stored, any
commercial motor vehicle upon property within any residentially zoned district or any property
used for residential purposes, within the corporate limits of the Town. This subsection shall not
prevent the parking or standing of the above-described vehicles in such zoned areas for the
purpose of expeditiously loading and unloading passengers, freight or merchandise.
(c) For subsections (a) and (b) of this section, the court may take judicial notice of an
owner's manual, dealer brochure and other such similar informational literature, which may
constitute a prima facie presumption of the size and weight of the vehicle. This presumption is
rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code
§ 2.05.
Secs. 12.05.004-12.05.030 Reserved"
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
Ordinance No.15-09,Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 10TH DAY OF FEBRUARY, 2015.
APPROVED:
Ray SmitF ' Mayor
AT
Robyn Bate, Towncretary 1
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.15-09,Page 3