Administrative Adjudication of Parking Violations.

Dallas City Code ch. 28, art. XI, div. 7

in effect

Dallas City Code § 28-129 PARKING VIOLATIONS MADE CIVIL OFFENSES.

SEC. 28-129. PARKING VIOLATIONS MADE CIVIL OFFENSES. Every violation of a provision of this chapter, except for Section 28-121.2, or of Chapter 32 of this code governing the stopping, standing, or parking of a vehicle is a civil offense. In addition to being subject to the criminal penalties and procedures established in Chapter 51A of this code, a violation of Section 51A-4.301(d)(5) governing the parking of a motor vehicle on an unapproved surface may also be adjudicated as a civil offense under this division. (Ord. Nos. 14584; 20012; 20269; 21612; 22340; 32470)

Dallas City Code § 28-130 GENERAL AUTHORITY AND DUTY OF DIRECTOR.

SEC. 28-130. GENERAL AUTHORITY AND DUTY OF DIRECTOR. (a) The director of Dallas municipal court shall implement and enforce the provisions of this division relating to hearing officers, administrative adjudication hearing procedures, and appeals and may by written order establish such rules or regulations, not inconsistent with this division, as the director determines are necessary to discharge the director's duty under or to effect the policy of this division. (b) The director of transportation and public works shall implement and enforce the provisions of this division relating to the issuance, service, and enforcement of parking citations and the collection of fines and costs and may by written order establish such rules or regulations, not inconsistent with this division, as the director determines are necessary to discharge the duty of the director under or to effect the policy of this division. (Ord. Nos. 14584; 20012; 21612; 27697; 30654; 32557; 32864)

Dallas City Code § 28-130.1 HEARING OFFICERS; POWERS, DUTIES, AND FUNCTIONS.

SEC. 28-130.1. HEARING OFFICERS; POWERS, DUTIES, AND FUNCTIONS. (a) Hearing officers shall be appointed by the city manager, or a designated representative, to administratively adjudicate all parking violations for which a parking citation has been issued under this chapter or under Chapter 32 of this code. (b) Hearing officers shall have the following powers, duties, and functions: (1) To administer oaths. (2) To accept admissions to, and to hear and determine contests of, parking violations under this chapter. (3) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court. (4) To assess fines, penalties, and other costs for a parking violation in accordance with Section 28-130.9 of this chapter. (5) To waive penalties assessed for a parking violation in accordance with Section 28-130.9 of this chapter. (6) To preside over, hear evidence, and make findings at immobilization/impoundment hearings in accordance with this chapter. (Ord. Nos. 20012; 21612)

Dallas City Code § 28-130.2 PARKING CITATIONS; FORM.

SEC. 28-130.2. PARKING CITATIONS; FORM. (a) A parking citation serves as the summons and complaint for purposes of this division. (b) A parking citation must be on a form prescribed by the director of transportation and public works and must include the following information: (1) the nature, date, time, and location of the alleged parking violation and the meter number, if applicable; (2) the state license plate number of the illegally parked vehicle, or if not visible or legible, the vehicle identification number or the brake inspection tag number; (3) the make of the illegally parked vehicle; (4) the date, time, and location of the administrative adjudication hearing, to be set not later than 15 calendar days after the date of issuance of the parking citation; (5) a notification that the person charged with the parking violation has the right to an instanter hearing any business day before the scheduled administrative adjudication hearing; and (6) a notification that failure to timely appear at either an instanter hearing or a scheduled administrative adjudication hearing is considered an admission of liability for the parking violation charge and will result in the assessment of appropriate fines, penalties, and costs and may result in the immobilization, towing, and impoundment of the vehicle for which the citation was issued. (c) The original or any copy of a parking citation is a record kept in the ordinary course of city business and is prima facie evidence of the facts contained in the parking citation. (Ord. Nos. 20012; 20269; 21612; 27697; 30654; 32864)

Dallas City Code § 28-130.3 SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE.

SEC. 28-130.3. SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE. (a) A parking citation must be served personally upon the operator of a vehicle who is present at the time of service. If the operator is not present, or cannot otherwise be personally served, the parking citation must be served upon the registered owner of the vehicle by affixing the parking citation to the vehicle in a conspicuous place. (b) An operator of a vehicle who is not the vehicle’s owner, but who uses or operates the vehicle with the express or implied permission of the owner, shall be considered the owner’s agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section. (c) If the owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the parking violation while the issuing officer is preparing the parking citation, or refuses service of the parking citation, this fact shall be noted on the original and all copies of the parking citation. (d) The original parking citation must be signed by the issuing officer who shall affirm the truth of the facts set forth in the citation. (e) The original and all 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 the provisions of this section. (Ord. Nos. 20012; 21612)

Dallas City Code § 28-130.4 LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY.

SEC. 28-130.4. LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY. (a) Except as provided in Subsection (b), the registered owner and the operator of a vehicle, when not the same, shall both be liable to the city for a parking violation charge, except that the operator of a vehicle shall be solely liable if the owner can prove that the vehicle was operated without the owner’s express or implied consent. A vehicle owner who pays any civil fines, penalties, or costs pursuant to this division shall have the right to recovery from the vehicle operator. (b) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for parking fines, penalties, and costs imposed by the city on a rented or leased vehicle if, within 30 days after receiving written notice of a parking violation, the vehicle owner provides in affidavit form the true name, address, and driver’s license number and state of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. (c) A lessor of a vehicle who fails to comply with Subsection (b) shall be treated as any other vehicle owner and shall be liable with the vehicle operator for a parking violation charge. (d) It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not yet been recovered. (e) In any hearing to administratively adjudicate a parking citation, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. Nos. 20012; 21612)

Dallas City Code § 28-130.5 ANSWERING A PARKING CITATION.

SEC. 28-130.5. ANSWERING A PARKING CITATION. (a) A person who has been issued a parking citation shall answer to the charge of the parking violation by the date shown on the citation. An answer may be made in any of the following ways: (1) An admission of liability with payment of the applicable civil fine, and any additional penalties and costs. (2) A denial of liability made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date. (3) An admission of liability with an explanation made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date. (4) A request for permission from a hearing officer to adjudicate by mail. (5) A request to reset a scheduled administrative adjudication hearing from the date shown on the parking citation. A scheduled hearing may not be reset more than once unless the person charged pays to the director of transportation and public works an amount equal to the applicable civil fine for the parking violation, with any additional penalties and costs. The director of transportation and public works shall issue a receipt for any amounts paid under this paragraph. After presentation of the receipt, all amounts paid will be refunded to the person charged if the hearing officer, or a municipal court on appeal, finds that the person is not liable for the parking violation. (b) Payment of the civil fine and any additional penalties and costs may be made in person, by mail, or by other payment options to the director of transportation and public works. Payment of the civil fine and all penalties and costs assessed pursuant to this division shall operate as a final disposition of the parking violation charge, except when payment is made to reset a scheduled hearing or to file an appeal. (Ord. Nos. 20012; 21612; 27697; 30654; 32864)

Dallas City Code § 28-130.6 ADJUDICATION BY MAIL.

SEC. 28-130.6. ADJUDICATION BY MAIL. (a) If a person charged with a parking violation shows good cause for not attending a hearing, either personally or through a representative, the hearing officer may permit the matter to be adjudicated by mail, which adjudication must be completed within 90 calendar days of the date of the citation. (b) Letters, memoranda, affidavits, photographs, and other documentary materials shall be admissible as evidence for the purposes of adjudication by mail. The hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. (c) Failure of the person charged to proceed with an adjudication by mail after requesting and receiving permission to adjudicate by mail is an admission by the person charged of liability for the parking violation and shall subject the person who requested the adjudication by mail to the appropriate civil fines, penalties, and costs assessed by the hearing officer. (d) If a hearing officer determines that an adjudication cannot proceed by mail, the hearing officer shall advise the person charged by first class mail that the person must appear to answer the charge at a hearing. (Ord. Nos. 20012; 21612)

Dallas City Code § 28-130.7 HEARINGS FOR DISPOSITION OF A PARKING CITATION; PARKING CITATION AS PRIMA FACIE EVIDENCE.

SEC. 28-130.7. HEARINGS FOR DISPOSITION OF A PARKING CITATION; PARKING CITATION AS PRIMA FACIE EVIDENCE. (a) Every hearing for the adjudication of a parking violation charge under this chapter shall be held before a hearing officer. (b) At a hearing, the parking citation is prima facie proof of its contents and the officer or other authorized person who issued the parking citation is not required to be present; except, that the issuing officer or other authorized person shall be present at a scheduled administrative adjudication hearing if requested by the person charged or by the hearing officer. (c) At a hearing, the hearing officer shall hear and consider evidence presented by the city and by the person charged. The formal rules of evidence do not apply to a hearing under this division, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this division or other applicable law. (d) At the conclusion of an instanter or a scheduled administrative adjudication hearing, the hearing officer shall immediately render an order or decision, either by: (1) finding the person charged liable for the parking violation, assessing the applicable civil fine and any penalties and other costs in accordance with this division, and notifying the person of the right to appeal to municipal court; or (2) finding the person charged not liable for the parking violation. (e) An order of a hearing officer must be filed with the city department of Dallas municipal court, in a separate index and file. The order may be recorded using computer printouts, microfilm, microfiche, or other digital retention methods. (Ord. Nos. 20012; 21612; 22026; 28424; 30239; 32557)

Dallas City Code § 28-130.8 FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING.

SEC. 28-130.8. FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING. (a) The failure of any person charged with a parking violation to answer to the charge within 15 calendar days after the date of issuance of the parking citation or to appear at any hearing, including a hearing on appeal, when required to appear is an admission of liability for the parking violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the person charged with the violation the appropriate civil fines, penalties, and other costs. (b) Within seven calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by United States mail to the last address of the registered owner on record with the Texas Department of Transportation, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: (1) of the amount of civil fines, penalties, and costs assessed; (2) of the right to appeal to municipal court; and (3) that failure to pay can result in immobilization and impoundment of the vehicle. (Ord. Nos. 20012; 21612)

Dallas City Code § 28-130.9 FINE SCHEDULE; OTHER FEES.

SEC. 28-130.9. FINE SCHEDULE; OTHER FEES. (a) The following is the schedule of civil fines for parking violations under this chapter, Chapter 32, and Chapter 51A of this code that are made civil offenses under this division: VIOLATION | FINE (1) | Section 28-81.1(a)(2)(B) or (G) | $110 (2) | Section 28-159.1 | $50 (3) | Section 28-76, 28-76.3, 28-76.6, 28-81.1(a)(1), 28-81.1(a)(2)(C), (D), (E), or (F), 28-88, or 28-96 | $40 (4) | Section 28-80, 28-81, 28-81.1(a)(2)(A), 28-82, 28-86, 28-87, 28-101, or 28-102 | $35 (5) | Section 51A-4.301(d)(5) | $50 (6) | Any other parking violation | $30 (b) If a civil fine is assessed under this division, it must be in accordance with this section. A fine may not be waived or modified by a hearing officer, or by a municipal court on appeal, except that additional penalties and other costs may be added in accordance with this section. (c) An additional penalty in an amount equal to the original fine will be assessed if a vehicle owner or operator, or the agent of the owner or operator, fails to: (1) answer to a parking violation charge within 15 calendar days after the date of issuance of the parking citation or fails to appear at any hearing scheduled after 15 calendar days from the date of the parking citation; or (2) after being found liable, pay all civil fines, fees, and costs assessed for a parking violation within the time designated by the hearing officer. (d) An additional penalty of $30 will be assessed if a vehicle owner or operator, or the agent of the owner or operator, fails to pay all civil fines, fees, penalties, and costs assessed for a parking violation within 31 calendar days after the assessment of the additional penalty described in Subsection (c). (e) A penalty assessed under Subsection (c) or (d) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: (1) through no fault of the vehicle owner or operator, or agent of the vehicle owner or operator: (A) no notice of the parking violation was received as required by this article; (B) no notice of the hearing officer’s order was received as required by this article; or (C) payment of the fine assessed for the parking violation was not posted in a timely manner; (2) the penalty was assessed in error; or (3) the vehicle was at the time of the violation stopped, stood, or parked in response to a medical emergency. (f) In addition to all fines, penalties, and other costs assessed under this division, a person found liable for a parking violation shall pay a court cost of $5 as required by Article 102.014 of the Texas Code of Criminal Procedure. (g) The minimum fine established in Subsection (a)(4) of this section must be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. (Ord. Nos. 20012; 20269; 21004; 21194; 21612; 22340; 24411; 26309; 27210; 27553; 32797)

Dallas City Code § 28-130.10 ENFORCEMENT OF ORDER.

SEC. 28-130.10. ENFORCEMENT OF ORDER. A hearing officer’s order may be enforced by: (1) impounding the vehicle that is the subject of the order when it is found on any public street, right-of-way, easement, or other public or city- owned property, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all fines, penalties, and costs assessed by the hearing officer; (2) placing a boot on the vehicle that is the subject of the order when it is found on any public street, right-of-way, easement, or other public or city-owned property, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all fines, penalties, and costs assessed by the hearing officer; (3) imposing an additional penalty to a civil fine not paid within the designated period; (4) denying any parking permit; or (5) refusing to allow the registration of the vehicle that is the subject of the order as provided by Article 6675a-2, Vernon’s Texas Civil Statutes. (Ord. Nos. 20012; 20965; 21612)

Dallas City Code § 28-130.11 IMMOBILIZATION/ IMPOUNDMENT HEARING.

SEC. 28-130.11. IMMOBILIZATION/ IMPOUNDMENT HEARING. (a) The registered owner of a vehicle that is immobilized or impounded for the purpose of enforcing a hearing officer’s order shall have the right to a prompt immobilization/impoundment hearing before a hearing officer. (b) The request for an immobilization/ impoundment hearing must be made in writing to the director, on a form provided for that purpose, within three calendar days from the date the vehicle was immobilized or impounded, whichever occurred first. (c) An immobilization/impoundment hearing must be held within 48 hours after the director receives the request for a hearing, excluding Saturdays, Sundays, and city holidays, at the parking adjudication office or at such other convenient and reasonable place as the hearing officer may designate. (d) The issue to be determined at the immobilization/impoundment hearing is whether the immobilization or impoundment of the vehicle was authorized by this chapter. (e) The immobilization or impoundment of a vehicle is valid if it complies with the requirements of this chapter, unless the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: (1) the vehicle was registered to and operated by another person at the time the unresolved parking violations occurred; (2) the vehicle was being operated without the owner’s express or implied consent at the time the unresolved parking violations occurred; (3) through no fault of the owner, notice of the unresolved parking violations was never received as required by this article; (4) one or more citations for the unresolved parking violations are defective and, if dismissed, would leave no more than two unresolved parking violations within the calendar year; or (5) at the time of immobilization or impoundment of the vehicle, the registered owner had no more than two unresolved parking violations within the calendar year. (f) The determination of the hearing officer at the immobilization/impoundment hearing is final and is not subject to appeal. (g) If the hearing officer determines that immobilization or impoundment of a vehicle was not valid, all fees paid for immobilization, towage, storage, and impoundment of the vehicle and any other amount paid to redeem the vehicle shall be refunded, including any fines, penalties, and costs for any parking violation that the hearing officer determines should not have been considered in counting parking violations for the purposes of immobilizing or impounding the vehicle. Any fines, penalties, and costs paid for a parking violation for which the registered owner was liable will not be refunded. (Ord. 21612)

Dallas City Code § 28-130.12 APPEAL FROM HEARING.

SEC. 28-130.12. APPEAL FROM HEARING. (a) A person determined by a hearing officer, at either an instanter or scheduled administrative adjudication hearing or by failure to answer a parking citation or appear at a hearing in the time required, to be liable for a parking violation may appeal this determination to the municipal court by filing a petition, along with a filing fee of $15, with the municipal court clerk or a deputy clerk within 30 calendar days after the hearing officer's order is filed with the department of Dallas municipal court. If the hearing officer's order is reversed, the $15 filing fee shall be returned by the city to the appellant. (b) Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. The officer or other authorized person who issued the parking citation is not required to be present at the appeal hearing unless requested by the person charged or by the municipal court. (c) The appeal hearing must be a trial de novo in municipal court and is a civil proceeding for the purpose of affirming or reversing the hearing officer’s order. The person filing the appeal may request that the hearing be held before a jury. The decision from the municipal court is final. (d) Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person filing the appeal pays to the director of transportation and public works an amount equal to all civil fines, penalties, and costs assessed against the person charged. The director of transportation and public works shall issue a receipt for any amounts paid under this subsection. After presentation of the receipt, all amounts paid will be refunded if the hearing officer's order is overturned on appeal. (Ord. Nos. 20012; 21194; 21612; 22026; 27697; 28424; 30239; 30654; 32557; 32864)

Dallas City Code § 28-130.13 DISPOSITION OF FINES, PENALTIES, AND COSTS.

SEC. 28-130.13. DISPOSITION OF FINES, PENALTIES, AND COSTS. (a) Except as provided in Subsection (b) of this section, all fines, penalties, and costs assessed under this division must be paid into the city’s general fund for the use and benefit of the city. (b) All court costs assessed under Section 28-130.9(f) of this chapter must be deposited into the municipal child safety fund established under Chapter 106 of the Texas Local Government Code. (Ord. Nos. 20012; 21004; 21612; 26309)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-147828Fetched: 10/26/2026