ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS.

Austin City Code tit. 12, ch. 12-5, art. 3

in effect

Austin City Code § 12-5-51 DEFINITIONS.

§ 12-5-51 - DEFINITIONS. (1) APPEARANCE DATE means the last day to respond to a parking citation, which is the 20th business day after the issuance of the parking citation. (2) HEARING OFFICER means the hearing officer and all associate hearing officers appointed by the municipal court clerk. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-52 PARKING VIOLATIONS MADE CIVIL OFFENSES.

§ 12-5-52 - PARKING VIOLATIONS MADE CIVIL OFFENSES. A violation of a provision of this code governing the stopping, standing, or parking of a motor vehicle is a civil offense. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-53 CLERK OF THE MUNICIPAL COURT.

§ 12-5-53 - CLERK OF THE MUNICIPAL COURT. The municipal court clerk shall implement and enforce the provisions of this article and establish procedures consistent with this article necessary to discharge the clerk's duty or to effect the policy of this article. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-54 HEARING OFFICER POWERS, DUTIES AND FUNCTIONS.

§ 12-5-54 - HEARING OFFICER POWERS, DUTIES AND FUNCTIONS. (A) The municipal court clerk shall appoint one or more hearing officers to administratively adjudicate parking violations for which a parking citation is issued under the City Code. (B) A hearing officer may: (1) Administer oaths; (2) Accept admissions and hear and determine contests of parking violations under the Code; (3) Issue orders enforceable by the municipal court compelling the attendance of witnesses and the production of documents; (4) Issue orders of immobilization or impoundment of motor vehicles; (5) Set conditions for the release of motor vehicles immobilized or impounded under this chapter; and (6) Administratively terminate parking citations or cases that the hearing officer determines to be uncollectable. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-55 PARKING CITATIONS.

§ 12-5-55 - PARKING CITATIONS. (A) A parking citation serves as the summons and provides the appearance date. (B) A parking citation must be on a form prescribed by the municipal court clerk and must include the following information: (1) The nature, date, time, and location of the alleged parking violation; (2) The state license plate number of the motor vehicle, or if the license plate number is not visible or legible, other observable identification information, including but not limited to motor vehicle identification number or the state inspection tag number; (3) The make of the motor vehicle, if known, or a motor vehicle description; (4) The appearance date for the parking citation; (5) A notification that the person charged with the parking violation has the right to a hearing on or before the appearance date, during hours determined by the municipal court clerk; (6) A notification that failure to answer the citation or to appear for a hearing on or before the appearance date is considered an admission of liability for the parking violation charge and will result in the assessment of civil fines, costs, and fees; and (7) The identification number and/or the initials of the individual issuing the citation. (C) The original or a copy of a parking citation is a governmental record kept in the ordinary course of city business and is rebuttable proof of the facts it contains. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-56 SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE.

§ 12-5-56 - SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE. (A) A parking citation must be served on the operator of the motor vehicle or the registered owner of the motor vehicle by personal service of the citation, by affixing the parking citation to the motor vehicle in a conspicuous place, or by mail. (B) The operator of a motor vehicle who is not the registered owner but has the express or implied permission to operate the motor vehicle is considered the registered owner's agent and is authorized to receive a parking citation. (C) The original and all copies, including electronic copies, of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with this section. (D) Not later than the 30th day after the violation is alleged to have occurred, the court or the Transportation and Public Works Department may mail, or cause to be mailed, a parking citation to: (1) the owner's address as shown on the registration records of the Texas Department of Transportation; or (2) if the motor vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation. (E) If mailed, the citation must also include: (1) a description of the alleged violation; (2) the location where the violation occurred; (3) the date and time of the violation; (4) the name and address of the owner of the motor vehicle involved in the violation; (5) the registration number displayed on the license plate of the motor vehicle involved in the violation; (6) a copy of a recorded image of the violation including a depiction of the area of the registration number displayed on the license plate of the motor vehicle involved in the violation; (7) the amount of the civil penalty for which the owner is liable; (8) the number of days the person has to pay or contest the imposition of the civil penalty and a statement that the person may incur a late payment penalty if the civil penalty is not paid or the imposition of the penalty is not contested within that period; (9) a statement that the person may pay the civil penalty in person, by mail sent to a specified address, or by electronic means instead of appearing at the time and place of the administrative adjudication hearing; (10) information that informs the person: (a) of the owner's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing; (b) that imposition of the civil penalty may be contested in person or by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under subdivision (E)(8); and (c) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty; (11) a statement that, if at the time and place of the alleged violation, the motor vehicle depicted in the photograph or digital image taken was being operated by a person other than the owner, then the owner may transfer liability for the violation to the person who was operating the motor vehicle if the owner provides to the court in an affidavit of non-liability, or under oath at an administrative adjudication hearing, the name and current address of the person who was: (a) in possession of the motor vehicle at the time and place of the alleged violation; (b) renting or leasing the motor vehicle at the time of the alleged violation, if the motor vehicle was rented or leased from a person in the business of renting or leasing motor vehicles at that time; (c) the subsequent owner of the motor vehicle, if ownership of the vehicle was transferred by the owner before the time of the alleged violation; or (d) test driving the motor vehicle at the time of the alleged violation; and, (12) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty. (F) A citation is presumed to have been received on the tenth day after the date of the notice of violation was mailed. The appearance date, as defined in Section 12-5-51, will be the 20 th business day after the presumed date of receipt of the mailed violation. (G) A copy of a transfer of certificate of title form or a statement from the tax assessor's office verifying transfer of title before the date of the alleged violation shall be accepted as proof of title transfer. (H) Only a registered owner of the motor vehicle involved in the alleged violation may submit an affidavit of non-liability. (I) A registered owner may submit only one affidavit of non-liability for each alleged violation. (J) The person named in an affidavit of non-liability described in subdivision (E)(11) shall be issued a notice of violation within 30 days of the court receiving the owner's affidavit of non-liability. (K) If the court, the Transportation and Public Works Department, or the hearing officer determines that a registered owner failed to submit current information, or submitted false information in an affidavit of non-liability, then potential liability for the alleged violation shall revert to that registered owner. (L) The court shall ensure that a form affidavit of non-liability is provided with each notice of violation and posted on the City website. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-57 LIABILITY OF THE MOTOR VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY.

§ 12-5-57 - LIABILITY OF THE MOTOR VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY. (A) Except as provided in Subsections (B) and (C), the registered owner of a motor vehicle is liable to the City for parking violations. (B) A registered owner is not liable if: (1) The operator assumes responsibility with the court; (2) The operator is actually named in the parking citation; (3) The registered owner files proof of vehicle sale or transfer with the court, that establishes the motor vehicle was sold, or ownership of the motor vehicle was transferred, prior to the date and time of the violation; (4) The registered owner files proof of court assignment of property, including divorce decree or probate, prior to the date and time of the violation; (5) The registered owner files a copy of the police report and an affidavit stating that the motor vehicle was stolen at the time of the violation. (C) A registered owner, engaged in the business of renting or leasing motor vehicles under written rental or leasing agreements, is not liable if, within 30 business days after written notice of a parking violation, the owner provides: (1) An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the motor vehicle at the time the parking citation was issued, or (2) A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address, and driver's license number of the person that leased the motor vehicle. (D) A registered owner engaged in the business of renting or leasing motor vehicles who fails to comply with Subsection (C) is liable for civil fines, costs, and fees. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-58 PRESUMPTION.

§ 12-5-58 - PRESUMPTION. In an administrative adjudication hearing for a parking citation: (1) It is presumed that the registered owner of the motor vehicle is the person who stopped, stood, or parked the motor vehicle at the time and place of the parking violation; and (2) The Texas Department of Transportation's computer-generated record of the registered motor vehicle owner is prima facie evidence of the contents of the record. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-59 ANSWERING A PARKING CITATION.

§ 12-5-59 - ANSWERING A PARKING CITATION. (A) A person issued a parking citation shall answer the citation not later than the appearance date. (B) An answer may be made in any of the following ways: (1) A person may admit liability and pay the applicable civil fine, and any additional penalties and costs. A person may pay in person, by mail, by electronic means, or by other method of payment as determined by the municipal court clerk; (2) A person may appear before a hearing officer at an instanter hearing on or before the appearance date on the parking citation; (3) A person may request permission from a hearing officer to adjudicate by mail or electronic means; or (4) A person may file a written request for a scheduled hearing. (C) Payment of civil fines, costs, and fees assessed under this chapter operates as an admission of liability for the parking violation and is the final disposition of the parking violation charge. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-60 ADJUDICATION BY MAIL OR ELECTRONIC MEANS.

§ 12-5-60 - ADJUDICATION BY MAIL OR ELECTRONIC MEANS. (A) A hearing officer may permit a person charged with a parking violation to adjudicate the charge by mail or electronic means, if: (1) the person shows good cause to adjudicate by mail or electronic means; and (2) the person makes the request on or before the appearance date. (B) Letters, memoranda, affidavits, photographs, and other documentary materials are admissible as evidence for adjudication by mail or electronic means. (C) A hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. (D) A person admits liability for a parking violation and shall pay the civil fines, costs, and fees assessed by the hearing officer if the person fails to present evidence, as allowed, to the hearing officer. (E) A hearing officer shall decide a matter adjudicated by mail or electronic means not later than the 60th business day after the appearance date shown on the citation. (F) If a hearing officer determines that adjudication cannot proceed by mail or electronic means, the hearing officer shall advise the person charged, by first class mail or electronic means, that he must appear in person to answer the charge at a hearing. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-61 HEARINGS FOR DISPOSITION OF A PARKING CITATION.

§ 12-5-61 - HEARINGS FOR DISPOSITION OF A PARKING CITATION. (A) A hearing to adjudicate a parking violation charge under this chapter shall be conducted by a hearing officer. (B) The Texas Rules of Evidence do not apply to a hearing under this Article. (C) The hearing officer shall hear and consider: (1) Evidence presented by the person charged; (2) Presumptions and prima facie evidence established by this chapter or other applicable law; and (3) Evidence presented by the issuing officer, if required to attend the hearing. (D) The hearing officer shall make a decision based on a preponderance of the evidence after considering the presumptions. (E) The testimony at the hearing shall be recorded. If an electronic recording is made, each voice shall be identified. (F) The recorded testimony, documents, and other evidence shall constitute the record for appeal. The acceptance of documents or real evidence shall be noted on the record. (G) The issuing officer is not required to attend an instanter hearing. (H) The issuing officer shall attend a hearing that is scheduled: (1) If requested by the person charged with the violation; and (2) The request is filed with the municipal court clerk at least three business days before the scheduled hearing date. (I) A scheduled hearing may be set after the appearance date on the parking citation without the posting of a bond in the amount of fines, costs, and fees. (J) A scheduled hearing may be reset for cause if the person charged submits a written request for a reset received by the court at least three days before the scheduled hearing date; and posts a bond with the municipal court equal to the total amount of the civil fine, costs, and fees. If the court does not respond to a request for a reset, the request is denied, and the person must appear as scheduled. (K) At the conclusion of the hearing, the hearing officer shall issue an order either: (1) Finding the person is liable for the parking violation and assessing the applicable civil fines, costs, and fees in accordance with fines, costs, and fees found in this chapter; or (2) Finding the person is not liable for the parking violation. (L) A hearing officer may not waive fines, costs, and fees established in this chapter, but a hearing officer may reduce fine amounts based on an inability to pay. (M) A hearing officer may add additional fines, costs, and fees in accordance with this chapter. (N) The hearing officer's order shall be filed with the municipal court clerk in a separate index and file. The order may be recorded using microfilm, microfiche, or other data processing techniques. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-62 FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING.

§ 12-5-62 - FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING. (A) If a person charged with a parking violation accepts liability for the violation on or before appearance date, an early fine shall be assessed in accordance with Section 12-5-90 (Civil Fines, Costs, and Fees). (B) If a person charged with a parking violation fails to answer the citation in accordance with Section 12-5-59 (Answering a Parking Citation) on or before the appearance date, the person is liable for the violation and will be assessed the standard civil fines, costs, and fees in accordance with Section 12-5-90 (Civil Fines, Costs, and Fees). (C) If a person charged with a parking violation fails to attend a scheduled hearing, including an appeal hearing, the person is liable for the violation and will be assessed the standard civil fines, costs, and fees in accordance with Section 12-5-90 (Civil Fines, Costs, and Fees). Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-63 ENFORCEMENT OF ORDER.

§ 12-5-63 - ENFORCEMENT OF ORDER. An order for fines, costs, and fees assessed for parking violations that is not paid when ordered due may be enforced by impounding the motor vehicle subject of the order, immobilizing the motor vehicle, and imposing an additional fine or fee. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-64 APPEAL FROM A HEARING.

§ 12-5-64 - APPEAL FROM A HEARING. (A) A person found liable by a hearing officer for a parking violation may appeal the determination by: (1) Filing a petition with the municipal court clerk within 30 business days after the hearing officer's order is issued; and (2) Paying a non-refundable filing fee. (B) A person who accepts liability, as set forth in Section 12-5-59(B)(l) or fails to contest liability by the appearance date is not entitled to an appeal hearing. (C) When an appeal petition is received, the municipal court clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. (D) An appeal hearing is conducted by a municipal court judge. (E) The judge shall review the record and hear oral arguments of the parties at the appeal hearing. (F) At an appeal hearing, a party may request for leave to present additional evidence. (1) A request may be granted if the party: (a) Shows that the additional evidence is material; and (b) Shows good reason it was not presented to the hearing officer during the hearing. (2) If the court grants a party's request for leave to present additional evidence, the judge may order the hearing officer take the additional evidence or the judge may take the additional evidence. (3) The hearing officer may modify the findings and decision based on additional evidence. (G) The judge may receive evidence of procedural irregularities alleged to have occurred at the hearing that are not reflected in the record. (H) The judge may not substitute his or her judgment for that of the hearing officer as to the weight of the evidence given by the hearing officer for questions that fall within the hearing officer's discretion. (I) The court may reverse the hearing officer's order or remand the case for a rehearing if the appellant's substantial rights have been violated because the administrative findings, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (6) Arbitrary, capricious, characterized by abuse of discretion, or clearly unwarranted exercise of discretion. (J) If the findings of the hearing officer are affirmed, the civil fines, costs, or fees may not be modified except that additional penalties, and other costs, or fees may be added in accordance with the schedule in this chapter. (K) Service of notice of appeal under this section does not stay enforcement and collection of any order of a hearing officer, unless the person filing the appeal posts with the municipal court clerk an appeal bond in an amount equal to all civil fines, costs, and fees assessed against the person charged. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-65 PARKING BY A PERSON WHOSE PRESENCE IS REQUIRED IN A JUDICIAL PROCEEDING.

§ 12-5-65 - PARKING BY A PERSON WHOSE PRESENCE IS REQUIRED IN A JUDICIAL PROCEEDING. Notwithstanding any other provision of this title, a hearing officer appointed under Section 12-5-54 (Hearing Officer Powers, Duties, and Functions) may dismiss parking citations for expired meter, expired parking pay station, expired parking space, and extending time limit that are issued to jurors, witnesses, or any other individual compelled to attend any court within the city limits of Austin if the hearing officer determines that free or unrestricted parking was not available. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-66 USE OF PAID PARKING BY A GOVERNMENTAL ENTITY.

§ 12-5-66 - USE OF PAID PARKING BY A GOVERNMENTAL ENTITY. The city manager may provide for the use of paid parking spaces by a governmental entity. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Austin City Code § 12-5-67 PARKING BY A PERSON ACCESSING OR REMAINING AT A POLLING LOCATION.

§ 12-5-67 - PARKING BY A PERSON ACCESSING OR REMAINING AT A POLLING LOCATION. Notwithstanding any other provision of this title, a hearing officer appointed under Section 12-5-54 (Hearing Officer Powers, Duties, and Functions) may dismiss parking citations for expired meter, expired parking space, and extending time limit that are issued to any person accessing or remaining at polling locations for the purposes of voting, volunteering, or working at a polling site within the city limits of Austin if the hearing officer determines that free or unrestricted parking was not available. Source: Ord. No. 20250213-026, Pt. 2, 2-24-25.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT12TRRE_CH12-5STSTPA_ART3ADADPAVIFetched: 10/27/2026