O755ORDINANCE NO. 755
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS AMENDING ARTICLE III "STOPPING,
STANDING, AND PARKING," OF CHAPTER 22, "TRAFFIC AND
MOTOR VEHICLES" OF THE KENNEDALE CITY CODE, BY ADDING
SECTIONS 22-49 THROUGH 22-62 TO CREATE ADDITIONAL
RESTRICTIONS ON STOPPING, PARKING, AND STANDING
VEHICLES; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas (the "City") is a home rule city acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City previously adopted regulations imposing restrictions on where
vehicles may stop, stand, or park; and
WHEREAS, the City has become aware of vehicle stopping, parking, or standing on public
roadways that is causing delays in the flow of both pedestrian and vehicular traffic; and
WHEREAS, the City believes there are significant safety risks involved when a vehicle
stops, parks, or stands too close sidewalks or roadways; and
WHEREAS, the City believes the swift removal of these safety hazards to be in the best
interest of the City, and authorizes the Chief of Police or their designee to cite and tow the
offending vehicle; and
WHEREAS, the City Council has determined that is in the best interest of the City to add
additional restrictions on where vehicles may stop, stand, or park; and
WHEREAS, the City Council has determined that the amendments to the Code of
Ordinances as set forth herein are in the best interest of the health, safety and general welfare of
the citizens of the City of Kennedale and the public
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
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Article III "Stopping, Standing, and Parking" or Chapter 22 — Traffic and Motor Vehicles,"
of the Kennedale City Code is hereby amended by the addition of sections 22-49 through 22-62 to
read as follows:
"Sec. 22-49 Prohibited in Specific Places.
(a) When signs are erected giving notice thereof, no person shall stop, stand or park a vehicle
or cause a vehicle to be stopped or parked between the hours of 10:00 p.m. and 7:00 a.m.
(b) Parking regulations may be temporarily suspended by any of the following:
(1) By ordinance;
(2) Under permit of a Special Event which includes a traffic control plan;
(3) By order of the chief of police.
Sec. 22-50. Stopping or Parking Prohibited in Certain Places.
(a) An operator may not stop or park a vehicle:
(1) On the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(2) On a sidewalk;
(3) In an intersection;
(4) On a crosswalk;
(5) Between a safety zone and the adjacent curb or within thirty (30) feet of a place on
the curb immediately opposite the ends of a safety zone, unless the governing body
of a municipality designates a different length by signs or markings;
(6) Alongside or opposite a street excavation or obstruction if stopping or parking the
vehicle would obstruct traffic;
(7) On a bridge or other elevated structure on a highway or in a highway tunnel;
(8) On a railroad track;
(9) Where an official sign prohibits stopping; or
(10) Within five (5) feet of a public or private driveway or blocking any portion of a
public or private driveway or access to such driveway.
(b) An operator may not, except momentarily to pick up or discharge a passenger, stop or
park an occupied or unoccupied vehicle:
(1) In front of a public or private driveway or within five (5) feet of a driveway;
(2) Within fifteen (15) feet of a fire hydrant;
(3) Within twenty (20) feet of a crosswalk at an intersection, where crosswalk means:
a. The portion of a roadway, including an intersection, designated as a
pedestrian crossing by surface markings, including lines; or
b. The portion of a roadway at an intersection that is within the connections of
the lateral lines of the sidewalks on opposite sides of the highway measured
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(4)
(6)
(7)
(8)
from the curbs or, in the absence of curbs, from the edges of the traversable
roadway.
Within thirty (30) feet on the approach to a flashing signal, stop sign, yield sign or
traffic control signal located at the side of a roadway;
Within twenty (20) feet of the driveway entrance to a fire station and on the side of
a street opposite the entrance to a fire station, or
Where an official sign prohibits stopping or parking.
Within five (5) feet of a mailbox between the hours of 8 A.M. and 5 P.M.
(c) An operator may not, except temporarily to load or unload merchandise or passengers, park
an occupied or unoccupied vehicle:
(1) Within fifty (50) feet of the nearest rail of a railroad crossing; or
(2) Where an official sign prohibits parking.
(d) A person may stop or park a bicycle on a sidewalk if the bicycle does not impede the normal
and reasonable movement of pedestrian or other traffic on the sidewalk.
(e) A person may not stop or park a vehicle on a public right-of-way or a state or city easement
for the purpose of displaying the vehicle for sale. The display of vehicles for sale shall
only be allowed within a permitted zoning district.
Sec. 22-51. Additional Parking Regulations.
(a) An operator who stops or parks on a two-way roadway shall do so with the right-hand
wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb or
edge of the roadway.
(b) An operator who stops or parks on a one-way roadway shall stop or park the vehicle parallel
to the curb or edge of the roadway in the direction of authorized traffic movement with the
right-hand wheels within eighteen (18) inches of the right-hand curb or edge of the roadway
or the left-hand wheels within eighteen (18) inches of the left-hand curb or edge of the
roadway. This subsection does not apply where a local ordinance otherwise regulates
stopping or parking on the one-way roadway.
(c) Subsections (a) and (b) shall not apply if the City has established angled parking spaces on
the roadway.
Sec. 22-52. Compact Motor Vehicle -Only Parking Spaces.
When sign(s) or marking(s) are installed giving notice thereof, it shall be an offense to park
a vehicle that is not a compact motor vehicle in a parking space marked for only compact motor
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vehicles or to park any motor vehicle in a manner that does not fit completely within the innermost
edge of all the applicable marking(s) designating the parking space.
Sec. 22-53. Parking Within Designated Spaces.
It shall be unlawful to park any vehicle, boat, or trailer in any parking spaces designated by
the City in a manner that any part of the vehicle extends over any sidewalk, into any lane of traffic
or over any driveway or sidewalk.
Sec. 22-54. Prohibited for Certain Purposes.
No person shall park a vehicle upon any street in the City for the purposes of:
(a) Washing, greasing, or repairing such vehicle;
(b) Advertising or soliciting business; or
(c) Selling merchandise from such vehicle.
It shall be an affirmative defense to prosecution under subsection (a) if the repair was
necessitated by an emergency and if the repair was done or the vehicle was towed away within
twenty (20) hours of the time the vehicle broke down or ceased to operate properly on the roadway.
Sec. 22-55. Parking Nuisances.
(a) It shall be unlawful for a person to park or store or allow another to park or store a
recreational vehicle, food truck or trailer, travel trailer, boat or boat trailer, tow truck, truck,
truck -tractor, pull trailer, semi -trailer or any vehicle other than a passenger car on any
public street or right-of-way.
(b) It shall be unlawful for a person to park or store or allow another to park or store a vehicle,
recreational vehicle, food truck or trailer, travel trailer, boat or boat trailer, tow truck, truck,
truck -tractor, pull trailer, semi -trailer on grass or any other unimproved surface. Parking
shall only be allowed on a paved concrete, asphalt, existing or permitted gravel, or similar
impervious surface.
(c) No person shall park any vehicle upon the street in any manner as to obstruct the loading
or unloading of any solid waste container.
Sec. 22-56. Blocking Roadway.
No person shall stop, stand or park any vehicle upon a street in such a manner or under such
conditions as to leave available less than ten (10) feet of the width of either lane of a roadway for
free movement of the vehicular traffic, except that a driver may stop temporarily during the actual
loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic
signs or signals or a police officer.
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Sec. 22-57. Parking or Standing in Alleys.
No person shall park a vehicle within an alley in such a manner or under such conditions as
to have available less than ten (10) feet of the width of the roadway for the free movement of
vehicular traffic, and no person shall stand or park a vehicle within an alley in such position as to
block the driveway entrance to any abutting property.
Sec. 22-58. Overnight Parking.
Overnight parking for storage on any paved street is hereby prohibited. "Overnight parking
for storage" is hereby defined as the habitual parking or storing of cars, trucks, tractors or other
vehicles on paved streets during the hours from sundown to sunup, except temporarily disabled
vehicles which are protected by flares or other approved signal devices. It is not the intent of this
section to prohibit or interfere with passenger cars temporarily parked at night when such parking
is not in excess of twenty (20) continuous hours and if the following conditions are met:
(1) The vehicle displays current vehicle inspection;
(2) The vehicle displays current vehicle registration; and
(3) The owners maintain current insurance or other proof of financial responsibility.
Sec. 22-59. Head -in Parking.
(a) Except as provided for in section (b), all head -in parking in a cul-de-sac, dead-end
street, or that which requires a parked vehicle to use the public right-of-way for
maneuvering in and out of a parking space is prohibited.
(b) New angle or head -in parking may be constructed if the following conditions are
met:
(1) The new parking directly supports a redevelopment project. A
redevelopment project shall be defined as any project that includes a change
in use of an existing structure, improves an existing structure, or the reuse
of an existing parcel where prior use can be demonstrated to the City.
(2) The parking space is a minimum of twenty feet (18') in depth measured
from the face of the curb. In constrained areas, an eighteen -foot (16')
minimum may be considered and approved, when deemed appropriate by
the City Engineer.
(3) The travel lane adjacent to the new parking will be a minimum of fifteen
feet (15') wide. In constrained areas, a minimum twelve -foot (12') wide
travel lane may be considered and approved, when deemed appropriate by
the City Engineer.
(4) A minimum five-foot wide paved sidewalk is required adjacent to the new
parking..
(5) The City Engineer determines that the new parking does not create a hazard
to pedestrians or traffic.
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(6)
(7)
The construction of curb and gutter, sidewalks and the paved angle or head -
in parking area meet all City specifications.
The decision of the City Traffic Engineer may be appealed to the Board of
Adjustment.
Sec. 22-60. Parking of Vehicles or Storage of Goods in Rights -of -Way Prohibited.
(a) For the purposes of this section, a "right-of-way" shall include:
(1) The entire width of all public streets and highways including any shoulders of these
roadways;
(2) The entire width off any alleys; and
(3) All other public easements including any easements running adjacent to any public
roadways and alleys.
(b) It shall be unlawful for any person to park any vehicle or store any goods in or upon any
right-of-way, notwithstanding the location of any drive or driveway in such right-of-way.
This section shall not apply to a vehicle legally parked on a public street or highway nor
shall this section apply to a vehicle legally parked in a driveway provided no sidewalks are
blocked by the vehicle.
Sec. 22-61. Presumption of Ownership of Illegally Parked Vehicle.
In any prosecution charging a violation of any law or regulation governing the standing or parking
of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of
any such law or regulation, together with proof that the defendant named in the complaint was, at
the time of such parking, the registered owner of such vehicle shall constitute in evidence a prima
facie presumption that the registered owner of such vehicle was the person who parked or placed
such vehicle at the point where and for the time during which such violation occurred.
Sec. 22-62. Citation and Towing of Vehicles.
(a) The chief of police or any member of the police department designated by the chief of
police is hereby authorized to issue parking citations to any person who has violated any
portion of this article.
(b) Any vehicle found stopped or standing or parked in or upon any public street or other public
place in violation of any provision of this article shall be deemed to be a nuisance per se,
and a traffic hazard, and any such vehicle shall be removed in the manner and to a place as
authorized by law. The chief of police or their designee may effectuate the towing or
removal of such a vehicle under this article at the expense of the owner of said vehicle and,
if towed, may have the vehicle impounded and detained until all towing and storage charges
are paid by the owner.
(c) In a prosecution for an offense under this article or under applicable state law involving
the stopping, standing, or parking of an unattended motor vehicle it is presumed that the
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registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at
the time and place the offense occurred.
Secs. 22-63-22-65. - Reserved."
SECTION 2.
This Ordinance shall be and is hereby cumulative of all provisions of all existing
ordinances of the City of Kennedale, Texas, and this Ordinance shall not operate to repeal or affect
any such other ordinances except insofar as the provision thereof might be inconsistent or in
conflict with the provisions of this Ordinance, in which event, such conflicting provisions, if any,
in such ordinance or ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause,
sentence paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined, upon conviction, not more than $200.00 for each offense Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the Kennedale City Code, as amended, or any other ordinances affecting traffic and
motor vehicles which have accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 6.
This Ordinance shall be in full force and effect from and after its passage as provided by
law, and it is so ordained.
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PASSED AND APPROVED by the City Council of the City of Kennedale, Texas on this
17th day of October, 2023.
ATTEST
/71) DrU
CIT SECRETARY RA NN YINGTON
APPROVED AS TO FORM:
CITY ATTORNEY, CARVAN E. ADKINS
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