Texas Transportation Code 545.307

[Manny]

Jurisdiction

Texas

Hello , I am in need of advice.
We have lived in our neighborhood for over 15 years. We have a commercial truck 18 wheeler that we park in our property behind a fence.

Recently someone has contacted the city to get the parking of commercial vehicles out of the neighborhood meaning 2 streets. The next street over is fine...

Question : what can I do with my county or municipality.
I feel this person is doing this to mess with us.
There are around 7 families affected by this as that is their main income.
Again we are not parking on the street but in our own backyard.

All and any advice would be greatly welcomed.
I have a picture attached of what is affected. Even thought we are surrounded by trucks and business only our streets are affected.

 

[adjusterjack]

What happened at last night's community meeting? Did you go? Did the other truck owners go?

 

[zddoodah]

what can I do with my county or municipality.

I'm sure you can do lots of things. What exactly does this question mean? Also, the law you cited is a state law, so your county or municipality can't do anything to change that law.

I feel this person is doing this to mess with us.

Doesn't matter in the slightest if the law is on his/her side.

There are around 7 families affected by this as that is their main income.

Doesn't matter. Most folks don't park 18 wheelers on residential property.

The law you cited, Tex. Trans. Code section 545.307, states as follows:

"(b) Except as provided by Subsection (b-1), after 10 p.m. and before 6 a.m., a person may not park a commercial motor vehicle or leave the vehicle parked on a street that is maintained by a county or municipality and for which signs are posted as provided by Subsection (c) if the street:

(1) is located within a residential subdivision; or

(2) is adjacent to a residential subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park."

The law is a little oddly worded in that it seems to prohibit two things: (1) parking a commercial vehicle (without regard to location); and (2) leaving a vehicle parked on a street. It's possible that the law is interpreted such as to apply only to parking in the street, but one would have to see if there's any case law interpreting the law. If it is interpreted that way, then one would have to see if there are any local or county laws that apply. However, you didn't identify your locality or county.

 

[army judge]

The municipality is Killeen, TX, a city that borders Fort Hood.

The Killeen City Council passed a new parking ordinance last year that restricts semi-trucks, and vehicles over one-ton, from parking within 500 feet of any residential area.

The amendment was proposed after the city reviewed its noise abatement policy, according to a council memorandum dated April 11, 2018 (if I recall correctly).


Killeen code enforcement speaks:

Code Enforcement | Killeen, TX


The issue is one of the hot topics being discussed and reported in the city.


Residential truck parking ban now in effect in Killeen | Harker Heights Texas Homes for Sale

Killeen: Truck parking ordinance meets some pushback

 

[adjusterjack]

I took a google maps street view tour of the neighborhood. Large lots, attractive homes, well kept, nicely landscaped, and this:



I have to agree that this kind of thing shouldn't be allowed in residential areas, on or off the property (other than for delivery or pick up), especially if 7 truck owners are doing this in a small subdivision.

 

[army judge]

One final note, Killeen has an ordinance PROHIBITING parking a motor vehicle (which includes tractors and/or trailers) being parked or washed on any UNPAVED portion of a homeowner's property. It is legal to wash your vehicle in your driveway (or other paved area), but is illegal to do so on your lawn or your muddy lot!

 

[Manny]

Hello everyone thank you for the replies.
I live in Bluebonnet Acres in Pflugerville TX , this is where this is happening.
I uploaded a picture of showing where trucks are parked.
I uploaded a picture showing where the signs are posted.

What happened at last night's community meeting? Did you go? Did the other truck owners go?

The only thing that happened was that the sheriffs said that they were going to start enforcing this because there was someone who kept pushing it.[/QUOTE]
The sheriff just told us that this was going to get enforced Jan 1 , 2020 , basically the letter that I uploaded. I asked him what we could do to appeal and he didn't know..

I'm sure you can do lots of things. What exactly does this question mean? Also, the law you cited is a state law, so your county or municipality can't do anything to change that law.

What can be done to change this or appeal it , we have lived here over 15 years and we have never had any issues.
It is known that its 1 resident who has issues with his neighbor , he lives 1800+ ft away from my property.
I understand the parking on the street but we don't park on the street , we park in my backyard behind a fence.

One final note, Killeen has an ordinance PROHIBITING parking a motor vehicle (which includes tractors and/or trailers) being parked or washed on any UNPAVED portion of a homeowner's property. It is legal to wash your vehicle in your driveway (or other paved area), but is illegal to do so on your lawn or your muddy lot!

Notice that is not in the Area selected by the ordinance or complaint..
I attached another pictures where the signs are located.
If you look around there are many trucks and trailers.
Also I park in a paved driveway in my backyard.
So do most people who have trailers or RVs etc..

A lot of people have invested a lot of money in their homes because they are able to park the vehicle they drive daily and how I said that this is also their business and income for their families.

 

[zddoodah]

What can be done to change this or appeal it

Watch this. While that video discusses the process of making a new law at the federal level, the same process is applicable to changing a law and on the state level. Contact your local representatives in the Texas House and Senate.

However, as I mentioned previously, it's not clear to me that the section of the Transportation Code that was cited applies to anything more than street parking. You should also look at Chapter 71 of the Pflugerville Code of Ordinances to see if there's anything relevant in there.

At the end of the day, you may need to hire an attorney.

 

[PayrollHRGuy]

This law has been in place for years. They just haven't enforced it. It would take some serious lobbying at the state level to get it changed I would likely be much cheaper to rent a place to legally park and a car to shuttle between the parking area and your home.

 

[adjusterjack]

A lot of people have invested a lot of money in their homes because they are able to park the vehicle they drive daily and how I said that this is also their business and income for their families.

Uh, no. For one thing, the truck can be seen from the street when the gates are closed. Worse, to use it, you have to drive that monstrosity in and out of the driveway and through the streets of your residential neighborhood, probably making a lot of noise. That there are 7 of you in Bluebonnet Acres leads me to wonder why only one of your neighbors is complaining.

If you think you have a right to do that, then wait until you get cited and go to court to defend against the citation.