New Braunfels council approves first reading of civil parking enforcement ordinance

The New Braunfels City Council approved the first reading of an ordinance on Monday that converts certain paid public-parking violations from criminal citations to civil citations, establishes an administrative hearing process, and authorizes vehicle immobilization for repeat unpaid violations.

City Attorney Val Acevedo said the measure narrows the decriminalization to a handful of parking offenses: failing to pay for a city-owned paid parking space, parking outside a delineated space, and occupying a space meant for another vehicle. Acevedo said the only criminal offense retained is interfering with enforcement, which remains a Class C misdemeanor punishable by up to a $500 fine in New Braunfels Municipal Court.

Supporters of the change, led by Jeff Jewell, the city's economic and community development director, said the ordinance implements recommendations from a 2023 operations and management study and is intended to reduce municipal court caseloads while providing a more consumer-friendly process. "There are multiple benefits to the civil process as proposed. First, it's consumer friendly. It's really less punitive than the criminal process," Jewell said.

Under the ordinance as described by Acevedo, the civil fine for an infraction is $100, reduced to $65 if paid within 10 calendar days; unpaid fines after 30 days may incur an additional late fee of up to $65. A person who wishes to contest a citation must request a hearing in writing within 10 calendar days; hearings will be handled by a hearing officer and may be virtual, by email, phone, or in person. A hearing officer's written order may be appealed to municipal court by filing a petition within 30 calendar days of the order being filed with the city secretary.

The ordinance also authorizes the use of an immobilization device (commonly called a "barnacle") for a vehicle that has three or more unpaid violations tied to that vehicle in the same calendar year (Jan. 1'Dec. 31). The barnacle includes a QR code to allow payment on-site and contains GPS tracking; immobilized vehicles not cleared within 24 hours may be towed and impounded, with towing and storage fees assessed by the towing provider. Acevedo said Interstate Parking, the city's recently contracted parking vendor, will serve as the parking enforcement agent and the hearing officer may be an employee of the third-party contractor.

Public commenters raised concerns about equity and access, noting that a QR-code payment system and online processes could disadvantage people without smartphones or credit cards. One commenter described similar systems in other towns as "money generators" that can disproportionally affect low-income residents. The mayor and staff responded that Interstate will have staff on the ground during the rollout to assist people, and that in-person payment and on-site assistance options will be available.

Mayor Leonards sought to address a broader misconception voiced during public comment: "The purpose of this program is not a revenue driver. This program is to cause parking spaces to turn over so that we can create additional parking downtown," he said. Jewell and staff said the council will receive a more comprehensive presentation on managed downtown parking at an April meeting; town halls are scheduled for May 7 and 8 and the river-access zone parking program will begin in May.

Councilmember Lebowski moved to approve the first reading; Councilmember Ryan seconded. The motion passed unanimously with the mayor and five council members voting in favor.

The ordinance will return for additional readings and implementing ordinances (including specific downtown paid-parking rates and operational details) at later council meetings.