PARKING VIOLATIONS BUREAU

El Paso City Code tit. 12, ch. 12.85

in effect

El Paso City Code § 12.85.010 Parking violations division established.

12.85.010 - Parking violations division established. There is created a parking violations division within the El Paso Municipal Courts of Record, hereinafter referred to as the municipal courts, which shall have original jurisdiction over cases involving violations of city ordinances and regulations and restrictions established pursuant thereto relating to the stopping, standing or parking of vehicles as contained in Titles 12 and 14 of this Code. The administrative adjudication of violations under this chapter is civil in nature. (Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 17690, § 27, 12-6-2011; Ord. No. 019532, § 1, 8-15-2023)

El Paso City Code § 12.85.020 Hearing officers.

12.85.020 - Hearing officers. A. The parking violations division shall have one or more municipal associate judges who are employed in the position of municipal court hearing officer or are otherwise assigned the duties and responsibilities of such position. A substitute associate municipal judge may substitute as a hearing officer when needed. B. Municipal associate judges shall have the authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents. C. An order compelling the attendance of witnesses or the production of documents may be enforced by the municipal courts. (Ord. 16872 § 1, 2008; Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 019532, § 2, 8-15-2023; Ord. No. 019644, § 1, 6-11-2024)

El Paso City Code § 12.85.030 Parking citations.

12.85.030 - Parking citations. A. The administrative adjudication process for parking, standing and stopping violations shall be initiated by the issuance of a parking citation which may be issued by a peace officer or other authorized parking enforcement agent. B. Authorized parking enforcement agents are designated as follows: 1. The city employees designated by the city manager or the chief of police to include but not be limited to the city's parking and traffic controllers, parking enforcement controllers, and the employees assigned to the code enforcement division. 2. Security guards employed under contract with the city to provide security at the El Paso Zoo only for stopping, standing and parking violations that occur on: a. The premises and perimeter of the El Paso Zoo, including parking lots within the boundary of East Paisano Street, Gateway North Boulevard and Franklin Canal, and the parking lot accessed from Dunne Street; b. North side of East Paisano Street from Washington Street to Gateway North Boulevard; and c. East side of Gateway North Boulevard from East Paisano Street to Franklin Canal. 3. The head of security and his security supervisors of University Medical Center only for stopping, standing and parking violations that occur on the premises of University Medical Center. 4. Disabled-parking enforcement volunteers as provided in Section 12.08.230 of this Code. 5. The director of the convention and visitor's division (civic center) and his designees only for stopping, standing and parking violations that occur on the parking lots and facilities located at the Civic Center Plaza. 6. The director of the mass transit department and his designees, to include but not be limited to security guards employed under contract with the city, only for stopping, standing and parking violations that occur on the parking lots and facilities operated by the mass transit department, and for violations of Sections 12.48.050 and 12.48.060 of this Code. 7. The commissioned law enforcement personnel hired by independent school districts that have schools within the El Paso city limit, who agree to abide by the requirements of this chapter and any other relevant obligations through an interlocal agreement. Citations must be issued within the city limit. C. The citation shall provide that the person charged with a parking, standing or stopping offense shall have the right to an instanter hearing for the purpose of determining the issue of liability for the charged offense. Such right to a hearing shall be exercised by appearing in person before a municipal associate judge within fourteen days from the date of the citation on a day of the week established by the municipal court for the routine operation of the courts. During such times that Monday through Thursday are established as the court's operation days and the court is open, hearings will be held between the hours of 7:30 a.m. to 12:45 p.m. and 2:00 p.m. to 5:45 p.m. During such times that Monday through Friday are established as the court's operation days and the court is open, hearings will be held between the hours of 8:30 a.m. to 12:45 p.m. and 2:00 p.m. to 5:15 p.m. The municipal clerk shall post the schedule of days of operation at the court and on the city's website. D. The original or any copy of the citation is a record kept in the ordinary course of business in the city and is rebuttable proof of the facts it contains. (Ord. 11821 § 1, 1994; Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 17690, § 28, 12-6-2011; Ord. No. 019532, § 3, 8-15-2023; Ord. No. 019644, § 2, 6-11-2024)

El Paso City Code § 12.85.040 Presumption of ownership.

12.85.040 - Presumption of ownership. A. It is presumed that the registered owner of the motor vehicle that is the subject of the administrative hearing is the person who parked or stopped the vehicle at the time and place of the offense charged. B. The Texas Department of Transportation computer-generated record of the registered vehicle is prima facie evidence of its contents in any administrative adjudication hearing under this chapter. (Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992)

El Paso City Code § 12.85.050 Hearings.

12.85.050 - Hearings. A. At the hearing before the municipal associate judge, the defendant may either admit, admit with explanation, or deny the alleged infraction. B. The issuing peace officer or other authorized parking enforcement agent shall not be required to attend the hearing. C. It is not required that the city be represented by counsel at the hearing; provided, however, that if the defendant is represented by counsel at the hearing, the municipal associate judge shall notify the municipal court clerk, who shall have the right to arrange for the city to be represented by an assistant city attorney. D. Neither a complaint nor any other charging instrument is required. The municipal associate judge shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, and shall hear and review the testimony and evidence presented by the defendant. The formal rule of evidence do not apply to a hearing under this section, and the municipal associate judge shall make his 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 chapter or other applicable law. E. At the conclusion of the hearing, the municipal associate judge shall issue an order stating whether or not the person charged is liable for violation of the parking or stopping ordinance and the amount of the fine, costs or fees assessed against him. The order shall be filed with the municipal court clerk. All such orders shall be kept in a separate index or file by the municipal court clerk using appropriate data processing techniques. F. Failure of a person charged with the offense to appear at a hearing within the aforesaid fourteen-day period shall be considered an admission of liability for the charged offense. G. In accordance with Article 102.014(b), Texas Code of Criminal Procedure, a municipal associate judge shall impose a court cost of two dollars on each parking violation in which a fine, costs or fee is paid or assessed. This court cost may be enforced in the manner set forth in Section 12.85.070. (Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 019644, § 3, 6-11-2024)

El Paso City Code § 12.85.055 Defense.

12.85.055 - Defense. It is a defense to a stopping and parking violation if the registered owner of the vehicle (that is the subject of a administrative hearing) establishes by a preponderance of the evidence that an unauthorized person stopped or parked said vehicle at the time and place of the offense charged. (Ord. 11821 § 2, 1994)

El Paso City Code § 12.85.060 Appeal.

12.85.060 - Appeal. A. A person determined by the municipal associate judge to be in violation of a parking or stopping ordinance may appeal this determination to the El Paso Municipal Court of Appeals. B. The appeal is initiated by filing, not later than the thirtieth day after the filing of the municipal associate judge's order, a petition with the clerk of the court along with payment of the costs required by law for the municipal court. Additionally, a filing fee in the amount of ten dollars must be paid at the time the petition is filed. This ten-dollar filing fee will be refunded in the event the municipal associate judge's order is reversed by the El Paso Municipal Court of Appeals. C. After filing a petition of appeal, the municipal court clerk shall schedule a hearing and notify all parties of the date, time and place of the hearing. D. The appeal hearing must be before the El Paso Municipal Court of Appeals and is a civil proceeding for the purpose of affirming or reversing the municipal associate judge's order based upon a review of a record of the evidence presented to the municipal associate judge. The El Paso Municipal Court of Appeals shall affirm the municipal associate judge's order if there is substantial evidence in the record to support the order. The decision of the El Paso Municipal Court of Appeals is final. E. The filing of an appeal under this section does not stay the enforcement and collection of the judgment unless the person who files the appeal posts a cash bond before filing notice of appeal with the municipal court clerk. The cash bond shall be in the amount of all fines, costs and fees assessed by the municipal associate judge. (Ord. 11821 § 3, 1994; Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 019644, § 4, 6-11-2024)

El Paso City Code § 12.85.065 Final judgments.

12.85.065 - Final judgments. A. Any of the following shall constitute a final judgment for purposes of this chapter: 1. A citation for a violation regarding the stopping, standing or parking of a vehicle as set forth in Section 12.84.010 A. of this Code, upon the passage of thirty days from the time of issuance of the citation, without the person charged having exercised the right to a hearing under Section 12.85.030 C. and without said fine having been paid; 2. A municipal associate judge's order finding a person to be in violation of a provision of this code regarding the stopping, standing or parking of a vehicle as set forth in Section 12.84.010.A of this Code, upon the passage of thirty days from the filing of the municipal associate judge's order, without that person filing a petition of appeal together with all required costs and fees and without said fine having been paid; or 3. The decision of the municipal judge pursuant to Section 12.85.060 D., without said fine having been paid. B. A final judgment under this section shall also constitute an order or constitute the imposition of a fine, cost or fee within the meaning of Section 682.010 of the Texas Transportation Code, and shall be additionally be enforceable as provided under that section. (Ord. No. 17766, § 1, 4-10-2012; Ord. No. 019644, § 5, 6-11-2024)

El Paso City Code § 12.85.070 Enforcement.

12.85.070 - Enforcement. A. Any final judgment, as defined in Section 12.85.065, may be enforced by: 1. Impounding the vehicle; 2. Placing a device ("boot") that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed; 3. An additional fine if not paid within the specified time. An additional fine of ten dollars will be assessed every thirty days until paid; provided, however, that said "additional fine" will not exceed sixty dollars. Should the city declare an amnesty period for outstanding citations, the city council, by resolution, may reduce the amount of the fine for violators who pay voluntarily within the amnesty period; 4. Denial of parking permits; 5. In the event that a vehicle has been towed to a City of El Paso impound lot, holding the vehicle until any outstanding fines, fees and costs have been paid; or 6. Refusing to allow the registration of the vehicle as provided by applicable state law. B. Provided, however, that no vehicle shall be impounded under subsection A.1. or 6. or immobilized under subsection A.2. under this chapter unless the offender has three or more final judgments as defined in Section 12.85.065 in any calendar year. (Ord. 11821 § 4, 1994; Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 17766, § 2, 4-10-2012)

El Paso City Code § 12.85.080 Procedures for immobilization or impoundment.

12.85.080 - Procedures for immobilization or impoundment. A. When a vehicle is found parked, whether legally or illegally, or stopped at any time upon a public street or public property in the city, and such vehicle has met the criteria for immobilization or impoundment as provided in Section 12.85.070, any authorized parking enforcement agent of the city may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to restrict the normal movement of the vehicle. In the alternative, or when a police officer has found a stopped vehicle meeting the criteria for immobilization or impoundment as provided in Section 12.85.070, such vehicle may be towed and impounded; provided, that the towing and impoundment is authorized at the direction of a peace officer. B. At the time of immobilization, the authorized parking enforcement agent shall also conspicuously attach to the vehicle a written notice on a form provided by the city, the notice to contain the following information: 1. Notice that the vehicle has been immobilized pursuant to this chapter, and that attempted movement may cause damage to the vehicle; 2. That the release of the vehicle may be obtained at a designated place; 3. That there is a right to a hearing regarding the immobilization; and 4. That the vehicle may be towed and impounded after a designated period of time. C. In the event that a vehicle is towed and impounded, the registered owner of the vehicle thereof shall be responsible for payment of all applicable fees for towing, impoundment and storage, in additions to the fines, costs and fees provided for herein. A police officer may summon a taxi or other public transportation for a person when the vehicle he was driving or riding in has been impounded pursuant to this section. Such person shall be responsible for payment of the costs of such transportation. Any costs incurred by the city to transport such persons shall become a cost assessed on the registered owner, who shall be responsible for payment of these transportation costs. Towed vehicles that are not redeemed within the time allowed under the Texas Abandoned Motor Vehicle Act will be disposed of in accordance with that Act. D. This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law. (Ord. 12170 § 1, 1994: Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992)

El Paso City Code § 12.85.090 Boot removal.

12.85.090 - Boot removal. The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle by paying the amount of the fine, any late fees for each delinquent parking citation, the applicable boot fee, transportation costs incurred by the city, towing and storage fees. Failure to request hearing within fourteen days of such payment is an admission of liability of the citations that resulted in the vehicle being booted or impounded and constitutes a waiver of the right to contest such fines and fees. (Ord. 12170 § 2, 1994: Ord. 11821 § 5, 1994: Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992)

El Paso City Code § 12.85.100 Boot hearing.

12.85.100 - Boot hearing. A. The registered owner of an immobilized or impounded vehicle shall have the right to a prompt post-immobilization hearing ("boot hearing") before the municipal associate judge. B. The request for a boot hearing shall be made in writing on a form supplied by the city. C. The boot hearing shall be held within twenty-four hours following the written request therefor, excluding Saturdays, Sundays, and city holidays, at the municipal courts building, or at such other convenient and reasonable place as the municipal associate judge may direct. D. The issue to be determined at the boot hearing is whether the immobilization was authorized by law. E. The immobilization of a vehicle is valid if it complies with the requirements of this chapter, unless the owner of the subject vehicle can establish by a preponderance of the evidence that an unauthorized person operated such vehicle at the time and place in question. F. The determination of the municipal associate judge at the boot hearing is final and shall not be subject to appeal. (Ord. 11821 § 6, 1994; Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992) (Ord. No. 019644, § 6, 6-11-2024)

El Paso City Code § 12.85.110 Fines and fees.

12.85.110 - Fines and fees. A. The city council shall, by resolution, adopt a schedule of standard fines for various parking, standing and stopping offenses. Such standard fines shall be in the amount to be paid and accepted by those persons who do not desire a hearing and wish to pay the fines by mail or otherwise. B. Any person, firm or corporation who violates any provision of this title or Title 14 of this Code related to the parking, standing or stopping of vehicles shall be fined in accordance with the schedule of standard fines adopted by resolution of city council. C. The boot fee shall be charged in the established amount. Charges for towing or storage of impounded vehicles shall be as provided by the law applicable to abandoned vehicles. D. All fines, costs and fees shall be deposited in the proper account of the general fund of the city, unless otherwise directed by resolution of the city council. (Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992)

El Paso City Code § 12.85.120 Certain conduct unlawful.

12.85.120 - Certain conduct unlawful. A. It is unlawful for any person, other than an officer or employee of the city acting in the course scope of his duties under this chapter, to remove or attempt to remove or to tamper in any manner an immobilization device (boot) installed on any vehicle pursuant to this chapter. B. It is unlawful for any person, except under the direction of a peace officer, to tow or move or cause to be towed or moved any vehicle on which a boot is then installed pursuant to this chapter from the place where it was booted. C. It is unlawful for any person, other than an officer or employee of the city acting in the course and scope of his duties or the owner or operator of a booted vehicle, to remove or relocate any notice placed upon a booted vehicle under Section 12.85.070(A)(2). D. Any offense under this section shall be a criminal offense punishable upon conviction by a fine not to exceed five hundred dollars. To the extent that any conduct declared to be unlawful under this section also constitutes a violation of any valid and applicable state law, then it shall be punishable as provided by state law. (Ord. 11051 (part), 1992; Ord. 10971 § 1 (part), 1992)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT12VETR_CH12.85PAVIBUFetched: 10/28/2026