A quick note
Although the ordinance amendment was approved on first reading, the item will come back for a second and final reading at a future meeting date.
Explained
The program will apply to paid public parking space violations, including fines, hearing appeals, vehicle immobilization or impoundment for delinquent accounts and criminal penalties for impeding ordinance enforcement, agenda documents state.
Currently, parking violations are considered a Class C Misdemeanor under a criminal process through the city’s Municipal Court. Individuals disputing a parking violation must make multiple court appearances to resolve the matter, and failure to appear in court may result in additional criminal charges, increased fees and arrest warrants, according to a presentation.
The New Braunfels Municipal Court dealt with about 3,400 parking-related violations in 2024, Jeff Jewell, director of economic & community development said. Moving to a civil process would provide cost savings to the court and allow them to redirect their attention to “more serious matters,” Jewell said. The new program would also be more consumer friendly, according to the presentation.
City Attorney Valeria Acevedo said civil violations in the new ordinance would be parking a vehicle in a paid public parking space:
- Without paying the required fee
- Outside the delineated parking space
- That is legally occupied by another vehicle
How it works
The civil parking enforcement program—if approved—will be enforced by Interstate Parking.
If an individual receives a citation, they can pay online immediately or contest the citation and request a hearing within 10 calendar days before a hearing officer. The hearing can be via email or over the phone, Acevedo said.
A person who does not pay the citation within the first 10 calendar days or submits a hearing request within those first 10 calendar days and fails to appear would be considered an admission of liability to the offense charge, Acevedo said.
The fine—which is $100—is due within the first 30 calendar days of the citation. If the citation is not paid within that 30-day period, a late fee of $65 may be assessed by the hearing officer.
“It will be reduced to $65 if you do pay it within 10 calendar days so there’s definitely an incentive to pay immediately,” Acevedo said.
If a person has 3 or more unpaid violations tied to a vehicle in a calendar year, then that vehicle may be immobilized with a barnacle. A barnacle is a device placed on the windshield of a vehicle that has multiple outstanding non-compliance violations, according to the presentation.
The individual can remove the barnacle from their vehicle by scanning a QR Code and paying their outstanding violations. Following payment, the suction holding the barnacle in place releases and the owner of the vehicle can remove it. Barnacles that are not removed within 24 hours of immobilization can be towed or impounded, according to the presentation.
Dates to know
The Resident River Parking Pass Portal will open April 1 and city staff will give an update to the River Advisory Committee on April 17. There will also be a special city council meeting on April 21, where staff will give a presentation to council detailing the comprehensive downtown parking and the transition from 2-hour parking to paid downtown parking, which is still being proposed.
On May 1, paid river parking will begin to be enforced by Interstate Parking agents. Park ambassadors will also begin educating individuals.
The city will host town hall forums on May 7 and 8 to receive additional feedback from the community. The forums will also have a Q&A session to discuss the city’s proposed downtown parking program, according to the presentation.
