Overnight Parking of Commercial Motor Vehicles For Jasmine Heights

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PROCEDURES FOR THE POSTING OF SIGNS PROHIBITING OVERNIGHT PARKING

IN CERTAIN RESIDENTIAL SUBDIVISIONS

IN THE UNINCORPORATED AREA OF HARRIS COUNTY, TEXAS

 

 

SECTION 1 – Authority

 

These procedures are promulgated pursuant to and in conformity with HB 327 which took

effect on September 1, 1997, and is to be codified at TEX. TRANSP. CODE ANN. }545.307

 

 

SECTION 2 – Definitions

 

As used in these procedures:

 
“Commercial motor vehicle” has the meaning assigned by TEX. TRANSP. CODE ANN. }

522.003 (Vernon 1997) and includes a vehicle meeting that definition regardless of whether

the vehicle is used for a commercial purpose.

 

TEX. TRANSP. CODE ANN. } 522.003 (Vernon 1997) currently states:

 
“Commercial motor vehicle” means a motor vehicle or combination of motor vehicles

used to transport passengers or property that:

has a gross combination weight rating of 26,001 or more pounds, including a

towed unit with a gross vehicle weight rating of more than 10,000 pounds;
has a gross vehicle weight rating of 26,001 or more pounds;
is designed to transport 16 or more passengers, including the driver; or
is transporting hazardous materials and is required to be placarded under 49

C.F.R. Part 172, Subpart F.

 

 
“Motor vehicle” means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn

by mechanical power and used on a highway.  The term does not include a vehicle, machine,

tractor, trailer, or semi trailer operated exclusively on a rail.  TEX. TRANSP. CODE ANN.

} 522.003 (21) (Vernon 1997)

 
“Overnight” means that period of time after 10 p.m. and before 6 a.m. in any given twenty-

four hour period.

 
“Residential subdivision” means a subdivision in Harris County for which a plant is recorded

in the Harris County real property records and in which the majority of lots are subject to deed restrictions limiting the lots to residential use.

 

 

 

                                           1

            SECTION 3 – Subdivision’s Responsibilities

 
The residents of a residential subdivision who want Harris County to post signs prohibiting

the overnight parking of commercial motor vehicles in their subdivision must do the following:

 

a.         Provide a petition to their County Commissioner in the prescribed form, attached

            hereto, signed by at least 25 percent (25%) of the owners or tenants of residences in

            the subdivision.

 

            1.         Contiguous subdivisions that are developed by the same entity or a successor

                        to that entity and that are given the same public name or a variation of the

                        same public name are considered one subdivision.  Separation of one of the

                        subdivisions from another by a road, stream, greenbelt, or similar barrier

                        does not make the subdivisions noncontiguous.

 

            2.         Not more than one person for each residence may sign the petition.

 

            3.         Each person signing the petition must be at least 18 years of age.

 
Provide an affidavit to be signed by a resident of the subdivision, in the prescribed

form attached hereto, which lists each and every part of the subdivision affected by

the petition and attests to the following:

 

            1.         the number of residences in the affected subdivision;

            2.         that a majority of the lots in the affected subdivision are

                        subject to deed restrictions limiting the lots to residential use;

            3.         the number of individuals who have signed the petition;

            4.         that each person signing the petition is over 18 years old;

            5.         that each person signing the petition is either an owner or

                        tenant of a residence in the affected subdivision; and

            6.         that only one (1) person from each residence in the affected

                        subdivision has signed the petition;
that he/she has received a copy of the Harris County regulations

related to this matter and understands these regulations.

 

 
Signs must be posted at each entrance to the subdivision through which a commercial motor

vehicle may enter the subdivision or within the subdivision if there is no defined entrance to the subdivision.  The subdivision must identify the location of each entrance to the subdivision or, if there is no defined entrance, where within the subdivision the residents want the signs placed.

 

 

                                                                        2

 

 
The petition (s) and affidavit required under subsection 3.1 shall be delivered to the County

Administration Building Office of the Commissioner of the Precinct in which the affected subdivision lies.  Within a reasonable time after receipt of the documents, the Commissioner, or his designee, will prepare an item for presentation to Commissioners Court during a regularly scheduled meeting.  If the Commissioners Court approves the petition during the regularly scheduled meeting, the Commissioner of the precinct in which the subdivision lies shall have a reasonable time in which to install the signs.

 
In the event a sign is destroyed or removed after it is installed, the County will replace the

sign only after the residents of the subdivision pay the cost of the replacement sign, which is

$   -0-___  per sign.  A cashiers check made payable to Harris County in the total amount for the cost of the sign(s) to be replaced must accompany the request for sign replacement.

 
The form of the sign is attached hereto.  No changes to the sign are permitted.



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