HomeMy WebLinkAboutO-259-4-79• 'A
i
Ordinance No. M
VEHICLE AND TRAFFIC CODE
Adopted April 5th, 1979.
SEPARATE BOUND BOOK
Publisket in tie Allen American April 9tk ani 12tk, 1979
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior
tffo�publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
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and which was issued on ` , by
of Collin County, Texas. A Winted copy of/said publication is att9ched hereto.
SUBSCRIBED AND SWORN to before me this day of
Notary Public in and for Collin County, Texas
Publisher's Fee $
/ 5-,D o
LEGAL NOTICES
ORDINANCE NO. 259
AN ORDMANt!EADOpT.
ING A VEHICLE AND
TRAFFIC CODE FOR THE
CITY OF ALLEN, TEXAS;
PROVIDING FOR THE
PRINTING THEREOF,
AUTHENTICATION BY
THE MAYOR AND ATTES-
TATION BY THE CITY
SECRETARY, THE RE-
PEAL OF CERTAIN
ORDINANCES, SAVE AND
EXCEPT OTHER ORDI-
NANCES OF A PARTICU-
LAR KIND MENTIONED;
' PROVIDING FOR THE EF-
FECTIVE DATE OF SAID
CODE; AND DECLARING
i AN EMERGENCY.
Section 8. The necessity for
the publication of the Vehicle
and Traffic Code of the City
of Allen in as complete form
as possible and its early
distribution among the citi-
zens of the City of Allen,
creates an imperative public
necessity and emergency and
requires that this Ordinance
shall take effect immediately
from and after its passage,
and it is accordingly so i
ordained.
PASSED AND AP- i
PROVED this 5th day of
April, A.D., 1979.
M.B. Pierson, I
Mayor i
ATTEST:
Jdanelle Cooksey
City Secretary
APPROVED AS TO FORM:
A. Don Crowder
City Attorney
(Published in The Allen A-
merican, April 9, April 12,
1979).
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on , by L u
of Collin County, Texas. A p nted copy of said publication is at ched hereto.
SUBSCRIBED AND SWORN to before me this D
Publisher's Fee $ 6 S0
,507
day of U , A.D. 192J_ .
0
Notary Public in and for Collin County, Texas
ORDINANCE NO
.269
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AROEDS AND Ap.
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M.13pfer�n
blaYor
Juanelle�TTE�ST:
APPROVED AStTO F_ O ' aly
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hY Attorney
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Apti 12,
ATTEST:
aze��� 04_6L_� -
Cit ecretary, City of Allen, Texa
CITY OF ALLEN _
P.O. BOX 487 - ALLEN, TEXAS 75002
e
214-727-3336 214-424-5918
M B PIERSON
MAYOR
JOEFARMER
MAYOR PRO TEMPORE
CHARLES CHANDLER
COUNCILMAN PLACE 2
H R DAUGHERTY
COUNCILMAN PLACE 3
GLENN ANDREW
COUNCILMAN. PLACE 4
REX WOMACK
COUNCILMAN PLACE 5
_
THE STATE .OF TEXAS
RICHARD L CHUMBLEY
COUNCILMAN PLACE
COUNTY OF COLLIN
CITY OF ALLEN §
JON MCCARTY
CITY MANAGER
This Code of vehicle and traffic ordinances has been duly adopted -by the
JUANELLE COOKSEY
CITY SECRETARY
governing body of the City of Allen this the 5th day of April, A.D., 1979, in the
- WALTER CURTIS
•-
TAX ASSESSOR -COLLECTOR
manner required by law and is hereby authenticated as the City of Allen Vehicle
GLEN SWANER
MUNICIPAL JUDGE
and Traffic Code, also known by its short title of, "Allen Traffic Ordinances",
ANTHONY HANCOCK
CHIEF OF POLICE
and shall become effective as provided in -the Adopting Ordinance on the 5th day
JIMMY EATON
DIRECTOR OF PUBLIC WORKS
RON GENTRY
of April, A. D•, 1979.
FIRE CHIEF
BOB ACKER
FIRE MARSHAL
ROLAND H COMMONS
LIBRARIAN
{
Mayor, City of Allen, Texas
ATTEST:
aze��� 04_6L_� -
Cit ecretary, City of Allen, Texa
0
ORDINANCE NO. 259
AN ORDINANCE ADOPTING A VEHICLE AND
TRAFFIC CODE FOR THE CITY OF ALLEN, TEXAS;
PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION
BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY,
THE REPEAL OF CERTAIN ORDINANCES, SAVE AND EXCEPT
OTHER ORDINANCES OF A PARTICULAR KIND MENTIONED;
PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Allen, Texas, has authority under its Charter and under
and by virtue of the laws of the State of Texas, Article 1176a, Vernon's Civil Statutes,
as Amended, to adopt and codify its civil and criminal ordinances and to adopt civil and
criminal codes of ordinances together with appropriate penalties for the violation
thereof, which said codes when adopted shall have the force and effect of an ordinance
regularly enacted with the usual prerequisites of law; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:
Section 1. That the following XV Articles, containing Sections 1-1 through
1-116, shall hereafter constitute the City of Allen Vehicle and Traffic Code and shall
include all vehicle and traffic ordinances passed and adopted by the City Council up to
and through the calendar year 1979.
Section 2. (a) That the Code shall be arranged and consist of a single
volume (loose-leaf binding) containing a duly authenticated copy of the ordinance
as passed and further containing a table of contents followed by the articles and
sections above referred to. That four (4) copies of such Code, duly authenticated
and approved under the signature of the Mayor, M. B. Pierson, and attested by the
City Secretary, Juanelle Cooksey, together,with the imprinting of the Seal of the
City of Allen, Texas, shall be reproduced under the direction of the City
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Attorney, A. Don Crowder. The original signatures of the Mayor, M. B. Pierson,
and the City Secretary, Juanelle Cooksey, from which facsimile signatures may be
reproduced in the event of a mass printing of the Code, are as follows:
Mayor, City of Allen, Texas
~ City, ecretary, City of Allen, Texas
That the Official Seal of the City of Allen from which a facsimile seal may be
reproduced in the event of mass printing of the Code is impressed herewith:
(b) That authentication shall be in the following form:
"THE STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ALLEN §
This Code of vehicle and traffic ordinances has been duly adopted by
the governing body of the City of Allen this the 5th day of April, A.D., 1979,
in the manner required by law and is hereby authenticated as the City of
Allen Vehicle and Traffic Code, also known by its short title of, 'Allen
Traffic Ordinances', and shall become effective as provided in the Adopting
Ordinance on the 5th day of April, A.D., 1979.
c
Ma or, City of Allen, Texas
ATTEST:
C' Secretary, City of Allen, Tex s"
Section 3. That said Code shall be admitted in evidence without further
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proof, and the City Secretary shall record said Code as adopted in the Ordinance
Records of the City, and thereafter, such records shall serve as a record of the
ordinances so codified and it shall not be necessary in establishing the content of any
particular article or section of the Vehicle and Traffic Code so codified to go beyond
said record.
Section 4. (a) All civil and criminal ordinances of a general and perma-
nent nature in force and effect when this Code takes effect which'are inconsist-
ent herewith or in conflict with this Code are hereby repealed except as herein
provided.
(b) That all ordinances in effect upon the effective date of
this Code not inconsistent with any of the provisions of this Code which are
omitted from such revision or codification shall not be deemed to have been
repealed, but shall be continued in full force and effect unimpaired by this Code.
(c) That the repeal of any ordinance or any portion thereof by
the preceding sections shall not affect or impair any act done or right vested or
accrued or any proceeding, suit or prosecution had or commenced in any cause
before such repeal shall take effect; but every such act done, or right vested or
accrued, or proceedings, suit or prosecution had or commenced shall remain in full
force and effect to all intents or purposes as if such ordinance or part thereof so
repealed had remained in force. No offense committed and no liability, penalty or
forfeiture either civil or criminally incurred prior to the time when any such
ordinance or part thereof shall be. repealed or altered by the Code shall be
discharged or affected by such repeal or alteration; but prosecutions and suits for
such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded
with in all respects as if such prior ordinance or part thereof had not been
` I
repealed or altered
(d) That no general or special ordinance or resolution hereto-
-3-
fore enacted validating or legalizing the acts or omissions of any officer or
validating any ordinance, act or proceeding whatsoever shall be affected by the
repealing clause of this ordinance, but all validating or legalizing ordinances
whatsoever now in force are hereby continued in force.
(e) That nothing in the repealing clause of this ordinance
shall be construed as releasing any person, firm or corporation from any duty
enjoined in the limitation or condition imposed by any ordinance that may be
repealed by said repealing clause.
(f) That nothing herein shall be construed as a repeal of any
franchise, license or right granted by the City of Allen to any person, firm or
corporation which license, grant, power or franchise was legally in force and
effect at the date of the effective date of this Code. Every such license, grant,
power and franchise shall expire as originally provided by ordinance.
(g) That nothing herein shall affect any pending suits of a
civil or criminal nature to which the City of Allen is now or may hereafter
become a party.
(h) That this Code of traffic and vehicle ordinances of the
City of Allen shall take effect and be in force immediately from and after its
passage on the 5th day of April, A.D., 1979.
Section 5. That all of the provisions of this Ordinance shall be printed in
the front of the Code.
Section 6. That whenever in such Code or in any ordinance of the City, or
in any rule or regulation promulgated pursuant thereto, an act is prohibited or -is made
or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code,
ordinance, rule or regulation the doing of any act is required or the failure to do any, act
is declared to be unlawful, where no specific penalty is provided therefor, the violation
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of any such provision of such Code or any such ordinance, rule or regulation shall be
punishable by a fine of not exceeding two hundred dollars; provided, however, that
where the offense is one for which a penalty is fixed by state law, the penalty for such
offense shall be the same as fixed by state law.
Each day any violation of such Code, ordinance, rule or regulation shall continue,
shall constitute a separate offense unless otherwise provided.
Section 7. That it is the desire of the governing body of the City of Allen to
keep said Code current and up-to-date by causing any amendments, whether they be
additions, deletions or changes, to be published in the form of supplements or reprints
of pages, not less than once a year. These supplements or reprinted pages when
inserted in proper place in their entirety shall constitute the official Code up to the
date of the most recently published supplement or reprinted pages. All of the four (4)
copies of said Code shall be deemed official copies, one of which official copies shall be
kept in the Office of the City Secretary of the City of Allen, and shall be kept
complete and up-to-date with all such changes, supplements and reprinted pages. In the
event any question is raised as to whether a Code or any part thereof purchased from
the City of Allen is complete and up-to-date, the copy in the office of the City
Secretary shall be final and conclusive. Any ordinance which amends, supplements or
repeals any of the provisions of the Code and which is not contained in the supplements
or reprints of pages in the Code, and not otherwise repealed, shall nonetheless be
deemed in force and effect from the date indicated in same, and upon proof of its
existence be admissible in evidence in any of the Courts of this State or the United
States, or for any other lawful purposes.
Section 8. The necessity for the publication of the Vehicle and Traffic Code
of the City of Allen in as complete form as possible and its early distribution among the
citizens of the City of Allen, creates an imperative public necessity and emergency and
MM
requires that this Ordinance shall take effect immediately from and after its passage,
and it is accordingly so ordained.
PASSED AND APPROVED this 5th day of April, A.D., 1979.
Terson, Mayor
ATTEST:
Juanelle Cooksey, City Secretary
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CITY OF ALLEN VEHICLE AND TRAFFIC CODE
ARTICLE L IN GENERAL.
Sec. 1-1. Short title.
Sec. 1-2. Definitions.
Sec. 1-3. Authority to remove vehicles; redemption; storage fees.
Sec. 1-4. Release of impounded vehicles to lienholders.
ARTICLE II. TRAFFIC ADMINISTRATION.
DIVISION 1. TRAFFIC ENGINEER.
Sec. 1-5.
Traffic engineer.
Sec. 1-6.
Same - Duties.
Sec. 1-7.
Same - Appointment of technicians and clerical staff.
Sec. 1-8.
Emergency and experimental regulations.
DIVISION 2. TRAFFIC DIVISION
Sec. 1-9.
Establishment and control.
Sec. 1-10.
Duties generally.
Sec. 1-11.
Records of traffic violations.
Sec. 1-12.
Investigation of accidents.
Sec. 1-13.
Traffic accident reports.
Sec. 1-14.
Same - Submission of annual traffic safety reports.
Sec. 1-15.
Traffic accident studies.
ARTICLE III.
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS.
Sec. 1-16. Authority of police and fire department officials.
Sec. 1-17. Obedience to code required; penalty.
ARTICLE IV. ACCIDENTS.
Sec. 1-18. Intentional collisions.
Sec. 1-19. Duty to give information and render aid.
Sec. 1-20. Presumption in hit and run accidents.
ARTICLE V. TRAFFIC -CONTROL DEVICES.
Sec. 1-21. Authority to install.
Sec. 1-22. Traffic barricade manual.
Sec. 1-23. Authorized installation presumed.
(i)
Sec. 1-24. Parking designations; authority to install.
Sec. 1-25. Manual and specifications.
Sec. 1-26. Testing under actual conditions of traffic.
Sec. 1-27. Existing devices affirmed and ratified.
Sec. 1-28. Display of unauthorized signs, signals or markings.
Sec. 1-29. Interference with devices or railroad signs or signals.
Sec. 1-30. Authority to designate crosswalks, establish safety zones and mark
traffic lanes.
Sec. 1-31. Traffic engineer to erect signs designating pedestrianways.
ARTICLE VI. OPERATION OF VEHICLES,
DIVISION 1. GENERALLY.
Sec. 1-32. Backing into intersection prohibited.
Sec. 1-33. Operation upon parkways.
Sec. 1-34. Identification of funeral procession.
Sec. 1-35. Funeral or other procession; operation of vehicles.
Sec. 1-36. Same - Driving through prohibited.
Sec. 1-37. Operation of motorcycles, etc.
Sec. 1-3& Riding in portions of vehicles not designed or equipped for
passengers.
DIVISION 2. SPEED REGULATIONS.
Sec. 1-39.
Speeds greater than 30 miles per hour on public streets or 10 miles
per hour on public alleys not reasonable or prudent.
Sec. 1-40.
Streets other than expressways and freeways.
Sec. 1-41.
Expressways and freeways.
Sec. 1-42.
Streets in park areas.
Sec. 1-43.
Maximum speed limits; determination
Sec. 1-44.
Same - Alteration.
Sec. 1-45.
Posting of speed limit signs.
Sec. 1-46.
Speed in school zones; signs in school zones.
DIVISION 3. TURNING MOVEMENTS.
Sec. 1-47. Obedience to no -turn signs.
Sec. 1-48. Limitation on U turns.
Sec. 1-49. Emerging from or entering alley, private driveway, building, etc.
Sec. 1-50. Central business district defined.
P
DIVISION 4. STOPS.
Sec. 1-51. Vehicles to stop when traffic is obstructed.
ARTICLE VII. ONE-WAY STREETS AND ALLEYS. -
Sec. 1-52. One-way streets and alleys.
Sec. 1-53. Authority to designate one-way streets in school zones.
ARTICLE VIII. PEDESTRIANS' RIGHTS AND DUTIES.
Sec. 1-54. Entering or alighting from vehicle; loading and unloading so not to
interfere with traffic.
Sec. 1-55. Use of coasters, roller skates and similar devices restricted.
ARTICLE IX. SIZE AND WEIGHT OF VEHICLES
Sec. 1-56. Weight of load on enumerated bridges, per axle.
Sec. 1-57. Vehicles carrying greater loads than as required by Section 1-56.
Sec. 1-58. Civil liability for violation of article.
Sec. 1-59. Signs warning of maximum load limit on bridges.
Sec. 1-60. Routes for over -size equipment; damage caused by over -size
equipment.
ARTICLE X. TRUCK ROUTES.
Sec. 1-61. Operation within central business district; boundaries of central
business district defined.
Sec. 1-62. Operation in public parks.
Sec. 1-63. Designated for trailers, semitrailers or pole trailers.
Sec. 1-64. Departure from designated routes.
Sec. 1-65. Same -Justification of departure.
Sec. 1-66. Signs.
Sec. 1-67. Alternate routes.
ARTICLE XI.
STOPPING, STANDING, AND PARKING GENERALLY.
DIVISION 1. GENERALLY.
Sec. 1-68.
Obedience to signs.
Sec. 1-69.
Unauthorized reserving of parking spaces.
Sec. 1-70.
Animal -drawn wagons, pushcarts or bicycles.
Sec. 1-71.
Vehicle to be parked within limit lines.
Sec. 1-72.
Parking of commercial vehicles.
Sec. 1-73.
Same - With capacity of more than one and one-half tons in certain
districts. `
DIVISION 2. PROHIBITED IN SPECIFIED PLACES.
3
Sec. 1-74. Parking near railroad tracks; prohibited generally; permitted for
loading.
Sec. 1-75. Owner presumed to have parked unattended vehicle.
Sec. 1-76. Parking for more than 24 hours prohibited.
Sec. 1-77. Parking for certain purposes and parking on parkways prohibited.
Sec. 1-78. Parking by parking lot owners.
Sec. 1-79. Parking in alleys.
Sec. 1-80. Standing or parking on one-way roadways.
DIVISION 3. STOPPING FOR LOADING OR UNLOADING ONLY.
Sec. 1-81.
Curb loading zones - Authority to designate; times operative.
Sec. 1-82.
Same - Application for permit; collection of fees.
Sec. 1-83.
Same - Fee required; signs or curb markings.
Sec. 1-84.
Same - Permit not granted where traffic hazard created.
Sec. 1-85.
Same - Use not exclusive.
Sec. 1-86.
Standing in passenger curb loading zone.
Sec. 1-87.
Standing in freight loading zones.
Sec. 1-88.
Use of curb loading zones by passenger vehicles.
Sec. 1-89.
Vehicles backed to curb for loading.
Sec. 1-90.
Position of vehicles backed to curb for loading, etc.
DIVLSION 4. PARKING METERS.
See. 1-91. (Reserved).
DIVISION 5. RESTRICTED OR PROHIBITED IN CERTAIN AREAS.
Sec. 1-92. (Reserved).
DIVISION 6. PENALTIES FOR ILLEGAL PARKING.
Sec. 1-93. Unattended vehicles presumed left by owner.
Sec. 1-94. Illegally stopped vehicles; may be required to move.
ARTICLE XII. VIOLATIONS AND PENALTIES.
Sec. 1-95.
Procedure upon arrest for violation of code.
Sea 1-96.
Giving false name upon arrest for traffic violations.
Sea 1-97.
Giving false address upon arrest for traffic violation.
Sec. 1-98.
Violation of written promise to appear.
Sea 1-99.
Procedure upon failure of traffic violator to appear.
Sea 1-100.
Payment of fines; when pleading guilty.
Sec. 1-101.
Disposition of fines and forfeitures.
Sea 1-102.
Authority to arrest without warrant for violations of code.
ARTICLE XIII. FREEWAY REGULATIONS.
Sea 1-103. Vehicular access to enumerated streets to be designated.
Sec. 1-104. Pedestrians prohibited from crossing enumerated streets.
Sec. 1-105. Hitchhiking prohibited on freeways.
Sec. 1-106. Animal -drawn vehicles, motor driven cycle and pushcarts prohibited
from using enumerated streets.
Sea 1-107. Drivers prohibited from stopping on enumerated streets; defenses.
ARTICLE XIV. MOTOR VEHICLE ESCORTS FOR HIRE
Sec. 1-108. (Reserved).
(iv)
ARTICLE XV. PARADES.
Sec. 1-109.
Definitions.
Sec. 1-110.
Permit required; exception.
Sec. 1-111.
Application for parade permit.
Sec. 1-112.
Issuance of parade permit.
Sec. 1-113.
Denial of parade permit.
Sec. 1-114.
Revocation of parade permit.
Sec. 1-115.
Appeal of denial or revocation of parade permit.
Sec. 1-116.
Commercial parade; fee required
(v)
Victorian Drive Thence continuing along Victorian Drive in a 20
northerly direction to its intersection with Park
Place Drive
Watters Road Beginning at a point at the south right of way 45
Of McDermott Drive and continuing in a
southerly direction to the north right-of-way of
Bethany Drive
(b) Any person violating any provision of this section shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of
not more than two hundred dollars ($200.00) for each such violation.
(Amended February 18, 1999 - Ordinance 1688-2-99)
SEC. 1-41. EXPRESSWAYS AND FREEWAYS
A person commits an offense if he operates or drives a vehicle on the following designated
17d
roads or highways at a speed greater than is reasonable and prudent under the circumstances then
and there existing. Any speed in excess of the limit provided in this section shall be prima facie
evidence that the speed is not reasonable or prudent and is unlawful.
STREET EXTENT SPEED
U.S. Hwy. 75 All portions within the city As set forth in compliance with
the speed limits set by the State
of Texas in Vernon's Annotated
Civil Statutes.
(Amended February 6, 1992 - Ordinance No. 1074-2-92)
SEC. 142. STREETS IN PARK AREAS.
A person commits an offense if he operates or drives a vehicle on a street, roadway, path,
or parking area open to the public, whether dedicated or not, contained within the following
designated city parks, at a speed greater than the speed designated, and any speed in excess of the
limit provided in this section shall be prima facie evidence that the speed is not reasonable nor
prudent and is unlawful.
PARK
(RESERVED)
MAXIMUM SPEED (MPH)
SEC. 143. MAXIMUM SPEED LEMTS; DETERMINATION.
The traffic engineer shall henceforth determine on the basis of engineering and
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CITY OF ALLEN VEHICLE AND TRAFFIC CODE
ARTICLE L IN GENERAL.
SEC. 1-1. SHORT TITLE.
This code may be cited as the Allen Traffic Ordinance. (Ordinance No. 259)
SEC. 1-2. DEFINITIONS.
In this code:
(1) ALLEY means any narrow public way having no legal or official name
other than "alley."
(2) APPROVED ABBREVIATIONS. The following abbreviations may be
used in connection with the issuance of traffic tickets, citations and complaints for
violation of the Allen traffic ordinance: "Street" may be abbreviated as "st."; "avenue"
may be abbreviated as "ave." or "ay.'; "freeway" may be abbreviated as "frwy." or
"fwy."; "lane" may be abbreviated as "In."; "drive" may be abbreviated as "dr."; "road"
may be abbreviated as "rd."; "boulevard" may be abbreviated as "blvd."; "expressway"
may be abbreviated as "exp.", "ewy." or "expwy."; "place" may be abbreviated as "pl.";
"court" may be abbreviated as "ct."; "parkway" may be abbreviated as "pkwy."; "circle"
may be abbreviated as "cir."; "highway" may be abbreviated as "hwy."; "plaza" may be
abbreviated as "plz.'; "square" may be abbreviated as "sq."; and "terrace" may be
abbreviated as "ter."
In all cases where the word is abbreviated, it shall be understood to
mean the same as though fully written out.
(3) BOAT TRAILER means a trailer or semitrailer which is designed and
constructed to carry a sailboat, motorboat or other vessel used upon any body of water.
(4) BUS means every motor vehicle designed for carrying more than ten
(10) passengers and used for the transportation of persons, and every motor vehicle
other than a taxicab, designed and used for the transportation of persons for
compensation.
(5) CENTRAL BUSINESS DISTRICT means that area as defined by the
Central Business District Zoning Ordinance No. 829-11-87.
(6) COLLECTOR -DISTRIBUTOR ROAD means an auxiliary roadway,
separated laterally from, but generally parallel to, a freeway or a through roadway,
which serves to collect and distribute traffic from several access connections between
selected points of ingress to and egress from the through traffic lanes.
(7) CURB means the lateral lines of a roadway, whether constructed above
grade or not, which are not intended for vehicular travel.
(8) DIVIDED ROADWAY OR HIGHWAY means a roadway or highway
divided into two (2) roadways by leaving an intervening space, a physical barrier or a
clearly indicated divided section between the two (2) roadways.
(9) FARM TRACTOR means every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines and other
implements of husbandry.
(10) HORSE means any saddle or harness animal.
(11)
HOUSE TRAILER means
a trailer or
semitrailer which
is designed,
constructed
and equipped as a dwelling
place, living
abode or sleeping
place (either
permanently or temporarily) and is equipped for use as a conveyance on streets and
highways, and shall include those vehicles commonly known as recreational vehicles.
(12) IMPLEMENT OF HUSBANDRY means every vehicle designed and
adapted for use as a farm implement, machinery or tool as used in tilling the soil, but
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shall not include any passenger car or truck.
(13) LIMIT LINES means boundaries of parking areas, loading zones, safety
or danger zones, crosswalks and lines marked for the purpose of excluding traffic and
parking.
(14) LOADING ZONE means a space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers or materials.
(15) MOTOR HOME means every vehicle designed, constructed and equipped
as a dwelling place, living abode or sleeping place (either permanently or temporarily)
and equipped for, use as a•conveyance on streets and highways.
(16) ONE-WAY STREET means any street or highway on which traffic is
restricted to movement in one direction only.
(17) OPERATOR means any person in control of a vehicle, including a
railroad train or vehicle being towed.
(18) PARKING BAN means certain hours during the day at which time
F
standing, parking or stopping of a vehicle is prohibited along the curb of designated
streets as indicated by signs authorized by the traffic engineer.
(19) PARKWAY means:
(a) That portion of a street or highway between the curb lines or
the lateral lines of a roadway and the adjacent property lines,
not intended for the use of pedestrians.
(b) The intervening space between the roadways of a divided
street or highway or any island or area, whether or not
clearly defined by curbs or markings, which divides any
portion of any street, highway or intersection into separate
lanes for vehicular traffic.
- 2a -
(20) PASSENGER CAR means every motorized vehicle, except motorcycles
and motor driven cycles, designed for carrying ten (10) passengers or less and used for
the transportation of persons.
(21) POLE TRAILER means every vehicle without motive power designed to
be drawn by another vehicle and attached to the towing vehicle by means of a reach or
pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used
for transporting long or irregularly shapped loads such as poles, pipes or structural
members capable, generally, of sustaining themselves as beams between the supporting
connections.
(22) PUBLIC PLACE means any place where the general public has a right
to assemble, or to which people commonly resort for purposes of business, amusement,
recreation or other lawful purposes.
(23) RESIDENTIAL STREET means any street, regardless of width, including
residential collector streets and all lower levels of the functional classification system,
in a residentially zoned district. The primary purpose is to provide direct access to
residential units and residential driveways and alleys. Through traffic is discouraged on
these streets.
(24) SENIITRAILER means every vehicle with or without motive power,
other than a pole trailer, designed for carrying persons or property and for being drawn
by a motor vehicle and so constructed that some part of its weight and that of its load
rests upon or is carried by another vehicle.
(25) SERVICE ROAD means auxiliary roadway adjacent to a freeway,
expressway or major thoroughfare which is used by traffic desiring access to abutting
property and by traffic seeking ingress to or egress from the adjacent freeway,
expressway or major thoroughfare.
- 2b -
(26) SERVICE VEHICLE means every vehicle that is used to support a
professional duty or service such as maintenance, installation or repairs. The service is
usually provided by a dealer, manufacturer or agent for an off-site client.
(27) SPECIAL MOBILE EQUIPMENT means every vehicle not designed or
used primarily for the transportation of persons or property and only incidentally
operated or moved over a highway, including but not limited to ditchdigging apparatus,
well -boring apparatus and road construction and maintenance machinery such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors,
ditchers, levelling graders, finishing machines, motorgraders, road rollers, scarifiers,
earth moving carryalls and scrapers, power shovels and draglines, and self-propelled
cranes and earth moving equipment. The term does not include house trailers, dump
trucks, truck -mounted transit mixers, cranes or shovels or other vehicles designed for
the transportation of person or property to which machinery has been attached.
(28) TRAFFIC ENGINEER means the director of community development or
his authorized representative.
(29) TRAFFIC DIVISION means the traffic division of the police department
of the city.
(30) TRAILER means every vehicle with or without motive power other than
a pole trailer, designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight and that of its load rests upon or is
carried by another vehicle.
(31) TRUCK TRACTOR means every motor vehicle designed and used
primarily for the transportation of property.
All other words used in this code shall have the meanings assigned to them by the
state vehicle laws or their ordinary and commonly accepted meanings as set forth in
- 2c -
Webster's New International Dictionary (Unabridged) and other dictionaries of
recognized standing.
(Amended September 6, 1990 - Ordinance No. 999-9-90).
SEC. 1-3. AUTHORITY TO REMOVE VEHICLES; REDEMPTION; STORAGE FEES.
(a) A police officer is authorized to remove or cause to be removed a
vehicle or other property of any description from a street to a place designated by the
chief of police when:
(1) The vehicle or property is left unattended upon a bridge or
viaduct or in a tunnel or underpass;
(2) The vehicle is illegally parked so as to block the entrance to
any private driveway;
(3) The vehicle is found upon a street, and report has previously
been made that the vehicle has been stolen or complaint has been filed and a
warrant issued charging that the vehicle has been embezzled;
(4) The officer has reasonable grounds to believe that the vehicle
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has been abandoned;
(5) A vehicle upon a street is so disabled that its normal
operation is impossible or impractical and the person or persons in charge of the
vehicle are incapacitated by reason of physical injury or other reason to such an
extent as to be unable to provide for its removal or custody, or are not in the
immediate vicinity of the disabled vehicle;
(6) An officer arrests any person driving or in control of a
vehicle for an alleged offense and the officer is by law required to take the person
arrested immediately before a magistrate;
(7) The vehicle is standing, parked, or stopped in any portion of a
street and the officer has reason to believe that the vehicle constitutes a hazard,
interferes with the normal function of a governmental agency, or the safety of
the vehicle is imperiled;
(8) The vehicle is standing, parked, or stopped in violation of the
parking ban regulations;
(9) The vehicle is standing, parked, or stopped in violation of any
provision of this code.
(b) A vehicle removed pursuant to the provisions of this section shall be
r
kept at the place designated by the chief of police until application for redemption is
made by the owner or his authorized agent, who will be entitled to possession of the
vehicle upon payment of costs of removal and storage. The chief of police shall charge
a fee of $2 per day for storage costs at city pound locations. The chief of police shall
not charge removal costs to a person whose vehicle has been impounded under Section
1-3 (a)(3) or 1-3 (a)(6) of this code. The storage fee of a vehicle of an arrested person
begins on the day following notice to the owner of the vehicle that he may claim the
vehicle. If an impounded vehicle is not redeemed within five days, it shall be disposed
of in a manner prescribed by law.
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(c) A person commits an offense if he removes or attempts to remove a
vehicle from a city pound location without first paying the towage and storage fees
which have accrued on the vehicle.
SEC. 1-,4. RELEASE OF IMPOUNDED VEHICLES TO LIENHOLDERS.
Upon payment of all towage and storage fees, a vehicle impounded by the police
department pursuant to the enforcement of the provisions of this code may be released
to the lienholder, or his authorized agent, holding a valid and existing mortgage lien on
the vehicle impounded; provided, the mortgage lienholder complies with the following
requirements:
(a) Furnish to the police department, for its inspection:
(1) The mortgage lien contract, or a certified copy
thereof, specifying that upon default of the mortgagor the mortgagee is
entitled to possession of such vehicle.
(2) The certificate of title with the lien appearing
thereon.
(b) Furnish to the police department an affidavit stating that he
holds a lien on the vehicle impounded; that the mortgagor has defaulted; that the
mortgage lienholder desires possession and is entitled to possession of such
vehicle; and agrees to indemnify and hold harmless the city, its police department
and its employees upon delivery to him of the vehicle.
ARTICLE H. TRAFFIC ADMINISTRATION.
DIVISION 1. TRAFFIC ENGINEER.
SEC. 13. TRAFFIC ENGINEER.
The director of the department of street and sanitation services is designated as
the traffic engineer.
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SEC. 1-6. SAME - DUTIES.
The traffic engineer shall have control and direction of the traffic zone marking
personnel, the parking meter installation and maintenance personnel, traffic signal
installation and maintenance personnel, the marking of all traffic zones, installation of
signals and road markers relating to direction and control of traffic. The traffic
engineer shall also make continuous studies of the movement of traffic on the streets
and thoroughfares of the city and shall make periodic recommendations to the city
manager as to necessary regulations, practices, and controls for the safe and prompt
movement of traffic in the city. The traffic engineer shall perform such other duties as
may be required of him by the city manager.
SEC. 1 7. SAME - APPOINTMENT OF TECHNICIANS AND CLERICAL STAFF.
The traffic engineer may appoint technicians and clerical staff as may be
necessary subject to the approval of the city manager and consistent with civil service
rules and regulations and the city charter.
SEC. 1-8. EMERGENCY AND EXPERIMENTAL REGULATIONS.
(a) The traffic engineer shall make continuous traffic surveys and studies
of the movement of traffic on the streets and thoroughfares of the city, and the chief
of police or his duly authorized agent will cooperate to make effective the provisions of
this code and of other traffic ordinances of the city, and to make and enforce
temporary or experimental regulations to cover emergencies or special conditions.
Temporary or experimental regulations shall take effect at such time as the appropriate
traffic -control sign, signal, or device is in place as required under this code or other
traffic ordinances of the city. Temporary or experimental regulations shall remain in
effect for a period of time not to exceed 90 days unless otherwise provided in this code.
(b) If the traffic engineer or the chief of police determines that a
hazardous condition still exists after the expiration of the 90 -day period due to street
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construction, reconstruction, or repairs and an extension of temporary speed restric-
tions is necessary for the peace, safety and general welfare, then the traffic engineer is
empowered to extend the temporary regulations governing speed limits at the construc-
tion site, until the completion of the project. The traffic engineer shall keep a record
of the emergency and experimental regulations, and these records will reflect the date
that the traffic control signs, signals, and devices were installed and removed.
DIVISION 2. TRAFFIC DIVISION.
SEC. 1-9. ESTABLISHMENT AND CONTROL.
There is hereby established in the police department a traffic division to be under
the control of a police officer appointed by the chief of police.
SEC. 1-10. DUTIES GENERALLY.
It shall be the duty of the traffic division with aid as may be rendered by other
members of the police department to enforce the traffic regulations of the city and all
of the Istate vehicle laws applicable to street traffic in the city, to make arrests for
traffic violations, to investigate accidents, to cooperate with the traffic engineer and
other officers of the city in the administration of the traffic laws and in developing
ways and means to improve traffic conditions, and to carry out those duties specially
imposed upon the division by this code and other traffic ordinances of the city.
SEC. 1-11. RECORDS OF TRAFFIC VIOLATIONS.
The police department shall keep a record of all citations for offenses in violation
of this code, other traffic ordinances of the city, or of the state vehicle laws of which
any person has been charged, together with a record of the final disposition of all
alleged offenses.
0
SEC. 1-12. INVESTIGATION OF ACCIDENTS
It shall be the duty of the traffic division, assisted by other police officers of the
Ll
department, to investigate traffic accidents, to arrest and to assist in the prosecution
of those persons charged with violations of law causing or contributing to traffic
accidents.
U
SEC. 1-13. TRAFFIC ACCIDENT REPORTS
The police department shall maintain a system of filing traffic accident reports.
Accident reports or cards referring to them shall be maintained in a manner determined
by the chief of police.
SEC. 1-14. SAME - SUBMISSION OF ANNUAL TRAFFIC SAFETY REPORTS.
The police department shall annually prepare a traffic report which shall be filed
with the city manager. Such report shall contain information on traffic matters of the
city as follows:
(a) The number of traffic accidents, the number of persons killed
or injured as a result of traffic accidents, and other pertinent traffic accident
data.
(b) The number of traffic accidents investigated and other
pertinent data on the safety activities of the police.
(c) The plans and recommendations of the department for future
traffic safety activities.
SEC. 1 15. TRAFFIC ACCIDENT STUDIES.
When accidents at any particular location become numerous or severe, the traffic
division shall cooperate with the traffic engineer in conducting studies of the accidents
and determining remedial measures.
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ARTICLE M.
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS.
SEC. 1-16. AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS.
(a) It shall be the duty of the officers of the police department or officers
who are assigned by the chief of police to enforce the traffic laws of the city and the
state vehicle laws applicable to street traffic in the city.
(b) Officers of the police department or officers who are assigned by the
chief of police are hereby authorized to direct traffic by voice, hand, or signal, in
conformance with traffic laws; provided, that in the event of a fire or other emergency,
to expedite traffic, or to safeguard pedestrians, officers of the police or fire
departments may direct traffic as conditions require notwithstanding the provisions of
the traffic laws.
(c) Officers of the fire department, when at the scene of a fire, may direct
or assist the police in directing the traffic in the immediate vicinity.
(d) A person commits an offense if he intentionally fails or refuses to
comply with the lawful order or direction of a police officer or fire department officer.
SEC. 1 17. OBEDIENCE TO CODE REQUIRED; PENALTY.
(a) It is a class C misdemeanor for any person to do an act forbidden, fail
to perform an act required, or commit an act made an offense by this code.
(b) A person convicted of a misdemeanor for a violation of a provision of
this code, for which another penalty is not provided, shall be punished by a fine not to
exceed $200.
ARTICLE IV. ACCIDENTS.
SEC. 1-18. INTENTIONAL COLLISIONS.
A person commits an offense if while driving, operating, or in control of a vehicle,
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animal, railroad engine, or railroad car he intentionally causes, or permits the vehicle,
animal, railroad engine, or railroad car to come in collision with any other vehicle,
animal, person, street sign, street post, water plug, mailbox, or other obstacle or object
in or on any street, alley, avenue, highway, or other public place in the city.
i
SEC. 1-19. DUTY TO GIVE INFORMATION AND RENDER AID.
The driver of a vehicle involved in an accident resulting in damage to a bicycle or
other device propelled wholly or in part by human power which is driven or attended by
a person, shall give his name, address, and -the registration number of the vehicle he is
driving and shall upon request and if available exhibit his operator's, commercial
operator's, or chauffeur's license to the person driving or attending the bicycle or
device.
SEC. 1-20. PRESUMPTION IN HIT AND RUN ACCIDENTS
The person in whose name a vehicle is registered, shall be presumed to be the
driver of the vehicle involved in an accident resulting in damage to a vehicle or other
object, when the driver fails to stop and render the duties required of drivers under
state law. Proof may be made by a copy or facsimile of the registration of the vehicle
with the State Highway Department or County Motor Vehicle License Department or
any other licensing agency showing the name of the person to whom the license plates
were issued. This proof shall constitute prima facie evidence of the fact that the
person to whom such certificate of registration was issued was the driver of the
automobile. This presumption may be rebutted by competent evidence.
ARTICLE V. TRAFFIC -CONTROL DEVICES
SEC. 1 21. AUTHORITY TO INSTALL.
(a) The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and shall determine those places on public
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J
streets and highways where a particular danger or hazard exists to motor vehicle traffic
and pedestrian traffic and shall place and maintain traffic control signs, signals, and
i
devices in accordance with these studies and determinations as required under this
chapter and other traffic laws. In addition, the city manager, the director of public
works, the director of street and sanitation services, the chief of police, the fire chief,
or personnel acting under their authority, and public contractors, or their employees,
performing work pursuant to any federal, state, county, road district or city contract,
may place and maintain barricades, detour signs, or other warning devices at places
where danger becomes apparent as a result of hazards caused by the weather or natural
phenomena, defects or obstructions in or near streets, alleys, sidewalks, parkways,
parks or other public places, as a result of building constrution or demolition, or where
street, alley, or sidewalk construction or repair is underway.
(b) The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and in accordance with these studies shall
recommend to the city council those places on public streets and highways where
permanent traffic diverters should be located. After the city council approves a
location, the department of street and sanitation services is authorized to install and
maintain permanent traffic diverters at the approved location.
SEC. IL -22. TRAFFIC BARRICADE MANUAL.
The traffic engineer is authorized to prescribe a traffic barricade manual,
conforming to the "Manual and Specifications" approved by the State Highway Commis-
sion, for providing barricades, warning signs, and other traffic control devices which
alert the public to hazards caused by construction, repair, or pavement excavations or
cuts in a public street or public right-of-way.
SEC. 1-23. AUTHORIZED INSTALLATION PRESUMED.
In any prosecution for violation of this code, the authorized installation of a
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traffic control device or signal shall be presumed.
SEC. 1-24. PARKING DESIGNATIONS; AUTHORITY TO INSTALL.
(a) The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and shall study the needs of the public for
parking vehicles on public streets, the width and length of public streets where parking
is desired, the availability of parking space and frequency of parking on the public
streets, the needs of business and commercial establishments to have regulated parking
on the public streets and, after making such studies, the traffic engineer shall designate
those areas on public streets and highways in the city where parking, stopping, or
standing should be allowed, or parking bans should be in effect and shall regulate
parking, stopping, standing, or parking bans by means of appropriate signs, by installing
parking meters, or by marking curbs giving notice that parking, stopping, or standing is
allowed or parking bans are in effect and for what period of time; and after making
such studies the traffic engineer, shall determine when parking, stopping, or standing
motor vehicles should be prohibited on public streets or highways in the city and shall
regulate such prohibition by installing appropriate signs, providing individual signs or
information on each parking meter so affected, or by marking curbs giving notice that
parking, stopping, or standing, is prohibited. The traffic engineer shall make changes in
the parking, stopping, standing, or parking ban regulations from time to time as
required by the studies and investigations. The traffic engineer shall also keep accurate
records of all parking designations, prohibitions, and sign installations.
(b) The traffic engineer is authorized to erect signs prohibiting or restrict-
ing parking on one or both sides of any roadway which is on public school property as
conditions require to facilitate the flow of traffic.
(c) When an official sign, curb marking, or street marking prohibits parking
for an interval of two hours or less, the prohibition is in effect between the hours of
7:00 a.m. and 6:30 p.m. of every day except Sundays and meter and parking ban holidays
unless otherwise indicated by the sign or marking.
SEC. 1-25. MANUAL AND SPECIFICATIONS.
All traffic control signs, signals, and devices shall conform 'to the "Manual and
Specifications" approved by the State Highway Commission or resolutions adopted by
the city council; shall be uniform, so far as practicable, as to type and location
throughout the city; and shall be official traffic control devices so long as such are not
inconsistent with provisions of state law or this code.
SEC. 1-26. TESTING UNDER ACTUAL CONDITIONS OF TRAFFIC.
The traffic engineer may test all forms of traffic control devices under actual
conditions of traffic.
SEC. 1-27. EXISTING DEVICES AFFIRMED AND RATIFIED.
Traffic control signs, signals, devices and markings heretofore placed or erected
by the police department or department of street and sanitation services and now in use
for the purpose of regulating, warning, or guiding traffic are hereby affirmed, ratified
and declared to be official traffic control devices; provided, that these traffic control
devices are not inconsistent with the provisions of state law or this code.
SEC. 1-28. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
(a) A person commits an offense if he places, maintains, or displays, upon
or in view of a highway, any unauthorized sign, signal, marking, or device which
purports to be, is an imitation of, or resembles an official traffic control device or
railroad sign or signal, or which attempts to direct the movement of traffic, or which
hides from view or interferes with the effectiveness of an official traffic control device
or a railroad sign or signal, or which warns or attempts to warn the operator of a
vehicle of speed control enforcement being conducted on the highway.
(b) A person commits an offense if he places or maintains, upon any
highway, an official traffic signal or sign on which commercial advertising is printed.
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This section shall not prohibit the erection of signs of a type which cannot be mistaken
for official signs upon private property adjacent to highways.
SEC. 1-29. INTERFERENCE WITH DEVICES OR RAILROAD SIGNS OR SIGNALS.
A person commits an offense if, without lawful authority, he alters, attempts to
alter, defaces, injures, knocks down, or removes any official traffic control device,
barricade, detour sign, or warning sign (whether permanent or temporary), or any
railroad sign, signal, inscription, shield, or insignia.
SEC. 1-30. AUTHORITY TO DESIGNATE CROSSWALKS, ESTABLISH SAFETY ZONES
AND MARK TRAFFIC LANES
The traffic engineer shall on the basis of engineering and traffic surveys:
(1) designate and maintain, by appropriate devices, marks, or
lines upon the surface of the roadway, crosswalks at intersections where surveys
indicate there is particular danger to pedestrians crossing the roadway, and at
other places where surveys indicate they are necessary;
(2) establish safety zones at places where the surveys indicate it
is necessary for the protection of pedestrians; "
(3) mark lanes for traffic on street pavements at places where it
is found necessary, consistent with this code and other traffic ordinances of the
city.
SEC. 1 31. TRAFFIC ENGINEER TO ERECT SIGNS DESIGNATING PEDESTRIANWAYS.
The traffic engineer is authorized to erect signs at each entrance of a pedestrian -
way constructed over an expressway, designating such pedestrianways as safety
crossings for school children, and the signs may state that riding bicycles, motorcycles
and motorbikes along or across such pedestrianways is prohibited.
-14-
ARTICLE VI. OPERATION OF VEHICLES.
DIVISION 1. GENERALLY.
SEC. 1 32. BACKING INTO INTERSECTION PKOHIBITED.
A person commits an offense if, as the operator of a vehicle, he backs into an
intersection or over a crosswalk. '
SEC. 1-33. OPERATION UPON PARKWAYS.
A person commits an offense if he drives or operates a vehicle upon a parkway
except at a permanent or temporarily established authorized driveway.
SEC. 1 34. IDENTIFICATION OF FUNERAL PROCESSION.
A funeral composed of a procession of vehicles shall be identified by the display
of a pennant upon the outside of the lead vehicle and the hearse, and all other vehicles
in the procession shall have their headlamps turned on.
SEC. 1-35. FUNERAL OR OTHER PROCESSION; OPERATION OF VEHICLES.
Each driver in a funeral procession shall drive as near to the right-hand edge of
the roadway as practical and shall follow the vehicle ahead as closely as practical and
safe.
SEC. 1 36. SAME - DRIVING THROUGH PROHIBITED.
A person, not a member of a funeral procession, commits an offense if he drives a
vehicle between the vehicles comprising the funeral procession while they are in motion
and when such vehicles are conspicuously designated as required in this code.
SEC. 1 37. OPERATION OF MOTORCYCLES, ETC.
A person commits an offense if he operates a motorcycle, motor scooter, mini -
bike, or motor -driven bicycle on private property, unless the vehicle is equipped with a
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muffler meeting the requirements of Texas motor vehicle laws. No parent, guardian, or other
adult person shall knowingly permit a person under the age of 17 years who is under the control
of such parent, guardian, or adult, to violate this section.
SEC. 1-38. RIDING IN PORTIONS OF VEHICLES NOT DESIGNED OR EQUIPPED FOR
PASSENGERS.
(a) A person commits an offense if he rides upon any portion of a vehicle not
designed or intended for the use of passengers. This section shall not apply to an employee
engaged in the necessary discharge of a duty of employment or to persons riding without truck
bodies in space intended for merchandise.
(b) A person commits an offense if as a passenger, in addition to an operator, he
rides upon a motor scooter or motor assisted bicycle, or if as the operator of a motor scooter or
motor assisted bicycle he permits a person to ride as a passenger, unless the vehicle is equipped
with a seat and a set of foot rests for the passenger.
DIVISION Z SPEED REGULATIONS.
SEC. 1-39. SPEEDS GREATER THAN 30 MILES PER HOUR ON PUBLIC STREETS OR 10
MUM PER HOUR ON PUBLIC ALLEYS NOT REASONABLE OR PRUDENT.
A person commits an offense if he operates a vehicle on any street with the city at a speed
greater than 30 miles per hour or on any public alley at a speed greater than 10 miles per hour,
unless otherwise provided by this code. Any speed in excess of 30 miles per hour on a public
street or 10 miles per hour in a public alley, unless otherwise provided by this code, shall be
prima facie evidence that the speed is not reasonable or prudent and is unlawful.
SEC. 140. STREETS OTHER THAN EXPRESSWAYS AND FREEWAYS.
(a) A person commits an offense if he operates or drives a vehicle on the following
designated streets at a speed greater than the speed designated by this section for that street or
portion of that street, and any speed in excess of the limit provided in this section shall be prima
facie evidence that the speed is not reasonable nor prudent and is unlawful.
-16-
STREET EXTENT SPEED
Allen Heights All portions south of F.M. 2170 40
Allen Heights All portions north of F.M. 2170 35
Alma Drive All portions south of McDermott Drive 40
Alma Drive Beginning at a point on Alma Drive at its 40
intersection with McDermott Drive, thence
continuing in a northerly direction on Alma
Drive for a distance of 0.322 mile,
approximately
Alma Drive Thence continuing along Alma Drive in a 35
northerly direction for a distance of 0.189
miles, approximately
Alma Drive Thence continuing along Alma Drive in a 40
northerly direction to its intersection with
Exchange Boulevard
Bethany Drive Beginning at a point being the east right-of-way' 40
line of the intersection of U.S. 75 East Frontage
Road, thence continuing in a westerly direction
along Bethany Drive to the intersection of
Alma Drive
Bethany Drive Beginning at a point being the east right-of-way 35
line of the intersection of U.S. 75 East
Frontage Road thence continuing in an easterly
direction along Bethany Drive for a distance
of 0.720 miles, approximately, to the inter-
section of S.H. 5
Bethany Drive Thence continuing along Bethany Drive a 35
distance of 0.35 mile, approximately, to the
intersection of Jupiter Road
Bethany Drive Thence continuing along Bethany Drive a 40
distance of 0.98 -mile, approximately, to the
intersection of Jupiter Road
Century Parkway All portions within the city 40
IVA
Exchange Parkway Beginning at a point on Exchange Parkway
at its intersection with Rowlett Creek, thence
continuing in an easterly direction on
Exchange Parkway to its intersection with
US 75
Exchange Parkway Beginning at a point on Exchange Parkway at
its intersection with US 75, thence continuing
in an easterly direction on Exchange Parkway
to its intersection with SH 5
Exchange Parkway Beginning at a point on Exchange Parkway at
its intersection with SH 5, thence continuing
in an easterly direction on Exchange Parkway
to its intersection with Malone Road
Farm -to -Market All portions within the city
Road 1378
Farm -to- Market Beginning at the west city limits of the City of
Road 2170 Allen, Texas, thence continuing along McDermott
(McDermott Drive) Drive in an easterly direction to a point 100
feet east of Parkhurst Lane
Farm -to -Market Thence continuing along McDermott Drive to a
Road 2170 point west of Twin Creeks Drive
(McDermott Drive)
Farm -to -Market Thence continuing along McDermott Drive to a
Road 2170 point 100 feet west of Watters Crossing Drive
(McDermott Drive)
Farm -to -Market Thence continuing along McDermott Drive to a
Road 2170 point approximately 200 feet east of Angel
(McDermott Drive) Drive (to station 41 + 10)
Farm -to -Market Then continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 0.766 mile
(McDermott Drive) approximately (to station 41 + 10)
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 1.248 miles,
(McDermott Drive) approximately (to station 107+00)
17a
a
MR
35
50
M
45
W
40
35
40
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 Easterly direction for a distance of 0.341 mile,
approximately (to station 125 +00)
Farm -to -Market Thence continuing along Farm Road 2170 in an
Road 2170 easterly direction for a distance of 1.205 miles,
Approximately, to a point (station 188+65)
being the east city limits of the City of Allen
Farm -to -Market All portions within the city
Road 2551
Farm -to -Market Beginning at the intersection of Farm Road
Road 2786 2786 (Stacy Road) and U.S. 75 and continuing
in an easterly direction a distance of 1 mile,
approximately
Farm -to -Market Beginning at a point 1 mile east of the
Road 2786 intersection of Farm Road 2786 (Stacy Road)
and U.S. 75 and continuing in an easterly
direction a distance of 1.6 miles, approximately
Jupiter Road Beginning at a point being the south right -of
way line of the intersection of Farm Road 2170
(Main Street), thence continuing in a southerly
direction along Jupiter Road for a distance of
0.8 mile, approximately
Jupiter Road Thence continuing along Jupiter Road in a
southerly direction for a distance of 1.26 miles,
approximately, to the south right-of-way line of
the intersection of Chaparral, said point being
the south city limits of the City of Allen
Millennium Drive All portions within the city
State Hwy, 5 Beginning at a point (Station 59+64) being
the north City limits of the City of Allen, and
continuing along SH 5 in a southerly direction
to the intersection at SH 5 and Exchange
Parkway
State Hwy. 5 Thence continuing along SH 5 in a southerly
direction for a distance of approximately
3.329 miles (Station 272+00) being the south
city limits of the City of Allen.
17b
50
55
55
55
MI
40
35
40
55
45
U.S. 75 East Beginning at a point (station 565+20) being at 55
Frontage Road Stacy Road, thence continuing in a southerly
direction along U.S. 75 East Frontage Road for
a distance of 0.719 mile, approximately
U.S. 75 East Thence continuing along U.S. 75 East Frontage 40
Frontage Road Road in a southerly direction for a distance of
1.733 miles, approximately
U.S. 75 East Thence continuing along U.S. 5 East Frontage 45
Frontage Road Road in a southerly direction for a distance of
1.468 miles, approximately, said point (station
358+20 ) being the south city limits
U.S. 75 West Beginning at a point (station 660+20) being at 45
Frontage Road the north city limits thence continuing in a
southerly direction along U.S. 75 West
Frontage Road for a distance of 1.000 mile,
approximately
U.S. 75 West
Thence continuing along U.S. 75 West 55
Frontage Road
Frontage Road for a distance of 2.751 miles,
approximately
U.S. 75 West
Thence continuing along U.S. 75 West 40
Frontage Road
Frontage Road for a distance of 0.500 mile,
Approximately
U.S. 75 West Thence continuing along U.S. 75 West 45
Frontage Road Frontage Road for a distance of 1.468 miles
approximately, said point (station 358+20)
being the south city limits
Victorian Drive Beginning at a point on Victorian Drive at its 20
intersection with Park Place Drive, thence
continuing in a southerly direction on Victorian
Drive to its intersection with Victorian Circle
Victorian Drive Thence continuing along Victorian Drive in a 20
westerly direction to its intersection with
Whitman Drive
Victorian Drive Beginning at a point on Victorian Drive at its 20
intersection with Whitman Drive, thence
continuing in an easterly direction on Victorian
Drive to its intersection with Victorian Circle
17c
traffic surveys the reasonable and safe maximum speed limits for each street within the city and
submit recommendations based on his investigation to the city council.
SEC. 1-44. SAME - ALTERATION.
On the basis of the recommendations of the traffic engineer, submitted in accordance with
the preceding section, the city council may alter the maximum speed limit established in the code
as the council deems necessary.
SEC. 1-45. POSTING OF SPEED LB41 T SIGNS.
The traffic engineer shall post the maximum and minimum speeds established in this
division by appropriate signs in conspicuous places so that every motorist may be aware of the
speed limits. No sign shall be required in an urban district where the maximum speed limit is 30
miles per hour and where there is no minimum speed limit.
SEC. 1-46. SPEED IN SCHOOL ZONES; SIGNS IN SCHOOL ZONES.
A person commits an offense if he operates or drives a vehicle in a school traffic zone in
the following designated areas or on the following designated streets at a speed greater than the
speed designated by this section for that area or street or portion thereof, and any speed in
excess of the limit provided in this section shall be prima facie evidence that the speed is not
reasonable nor prudent and is unlawful. On the basis of recommendations of the traffic
engineer, determined on the basis of engineering and traffic surveys, the City Council shall
designate school traffic zones with appropriate street markings, warnings or signs, which street
markings, warnings or signs shall be placed at the school zones by the traffic engineer. The
speed limit designated for school traffic zones shall be effective only at times when appropriate
flashing warnings and/or signs advising motorists of the speed limit are placed in conspicuous
places.
In accordance with the recommendations of the traffic engineer, the following designated
locations and areas are declared to be school zones and the maximum speed limit for all motor
vehicles operated within such areas and locations and on such streets on school days, when either
a flashing warning signal is in operation, or when appropriate signs are in place and conspicuous,
- 19a -
shall be as follows:
1. Allen High School:
a. Twenty-five (25) miles per hour
(1) Beginning at int on Farm to Market Road 2170, three
hundred thirty 330) feet west of the intersection of Farm
to Market Roa 2170 and Jupiter Road, and continuing in
an easterly direction on Farm to Market Road 2170 to a
point seven hundred sixty-four (764) feet east of the
intersection of Farm to Market toad 2170 and Jupiter
Road.
(2) Beginning at a point on Farm to Market Road 2170 to a
point seven hundred sixty-four (764) feet east of the
intersection of Farm to Market Road 2170 and Jupiter
Road and continuing in a westerly direction to a point on
Farm to Market Road 2170, three hundred thirty 330) feet
west of the intersection of Farm to Market Road 17 and
Jupiter Road.
b. Twenty (20) miles per hour
(1) Beginning at a point on Jupiter Road forty-four (44) feet
south of the intersection of State Highway 5 and Jupiter
Road and continuin in a southerly direction to a point two
hundred fifteen 21 feet south of the intersection of Farm
to Market RoaA and Jupiter Road.
(2) Be 'nning at a point on Jupiter Road two hundred fifteen
((215) feet south of the intersection of Farm to Market
Road 2170 and Jupiter Road and continuing in a northerly
direction to a point on Jupiter Road forty-four 44) feet
south of the intersection of State Highway 5 and Jupiter
Road.
2. D. L. Rountree Elementary School:
a. Twenty-five (25) miles per hour
(1) Beginning at a point on Farm to Market Road 2170, one
hundred twenty (120�) feet west of the intersection of Farm
to Market Road 2170 and Fountain Park Drive and
continuing in an easterly direction on Farm to Market
Road 2170 to a point thirty (30) feet west of the
intersection of Farm to Market Road 2170 and Greeting
Gate Lane.
(2) Be 'nning at a point on Farm to Market Road 2170, thirty
(30) feet west of the intersection of Farm to Market Road
2170 and Greeting Gate Lane and continuing in an westerly
direction on Farm to Market Road 2170 to a point one
hundred twenty (120) feet west of the intersection of Farm
to Market Road 2170 and Fountain Park Drive.
b. Twenty (20) miles per hour
(1) Beginning at a point on Leading Lane Drive at its
intersection with Grassy Glen Drive and continuing in an
-19b-
easterly direction on Leading, Lane Drive to the intersection
of Leading Lane Drive and reeting Gate Lane.
(2) Beginning at a point on Leading Lane Drive at its
intersection with Greeting Gate Lane and continuing in a
westerly direction on Leading Lane Drive to the
intersection of Leading Lane Drive and Grassy Glen Drive.
(3) Beginning at a point on Melody Mall Lane at is
intersection with Leading Lane Drive and continuing in a
northerly direction on Melody Mall lane to the intersection
of Melody Mall Lane and Farm to Market Road 2170.
(4) Beginning at a point on Melody Mall Lane at its
intersection with Farm to Market Road 2170 and
continuing in a southerly direction on Melody Mall Lane to
the intersection of Melody Mall Lane and Leading Lane
Drive.
3. Green Elementary School: Twenty (20) miles per hour
a. Beginning at a point on Comanche Drive one hundred forty-one
141) feet south of the intersection of Hockley Court and Comanche
rive and continuing in a south easterly direction along Comanche
Drive to ant one hundred eighty - nine (189) feet east of the
intersection of Alma Drive and Comanche Drive.
b. Beginning at ant on Comanche Drive one hundred eighty-nine
g9) feet east of the intersection of Alma Drive and Comanche
Drive and continuing along Comanche Drive to a point one hundred
forty-one (141) feet south of the intersection of Hockley Court and
Comanche Drive.
C. Beginiung at a point on Alma Drive one hundred eighty-nine(189)
feet south of the intersection of Comanche Drive and Alma Drive
and continuing in a northerly direction along Alma Drive to a point
one hundred eighty-nine (189) feet north of the intersection of
Comanche Drive and Alma Drive.
d. Beginning at a point on Alma Drive one hundred eighty-nine(189)
feet north of the intersection of Comanche Drive and Alma Drive
and continuing in a southerly direction along Alma Drive to a point
one hundred eighty-nine (189) feet south of the intersection of
Comanche Drive and Alma Drive.
4. W. E. "Pete" Ford Middle School: Twenty (20) miles per hour
a. Beginning at a point on Park Place, nine hundred twenty (920) feet
east of the intersection of Park Place and Jupiter Road and
continuing in an easterly direction along Park Place to a point seven
hundred ninety (790) feet west of the intersection of Park Place and
Hill Haven Dnve.
b. Beginning at a point on Park Place, seven hundred ninety (790) feet
west of the intersection of Park Place and Hill Haven Drive and
continuing in an westerly direction along Park Place to a point nine
hundred twenty (920) feet east of the intersection of Park -Place and
Jupiter Road.
C. Beginning at a point on Wandering Way Drive one hundred (100)
- 19c -
feet north of the intersection of Wandering Way Drive and Park
Place and continuing south along Wandering Way Drive to the
intersection of Wandering Way Drive and Park Place.
d. Beginning at the intersection of Wandering Way Drive and Park
Place and continuing north on Wandering Way Drive to a point one
hundred (100) feet north of the intersection of Wandering Way
Drive and Park Place.
e. Beginning at the intersection of Park Place and Whitman Drive and
continuing south nine hundred ninety-four (994) feet from the
intersection of Park Place and Whitman Drive.
L Beginning at a point nine hundred twenty-five (925) feet south of
the intersection of Park Place and Whitman Drive and continuing
north to the intersection of Park Place and Whitman Drive.
Alton Boyd Elementary School: Twenty (20) miles per hour
a. Beginning at a point on Bethany Drive, one hundred ninety (190)
feet west of the intersection of State Highway 5 and Bethany Drive
and continuing east on Bethany Drive to aint one hundred
eighty-two (182) feet east of the intersection of Jupiter Road and
Bethany Drive.
b. Be 'inning at a point on Bethany Drive, one hundred eighty-two
ge) feet east of the intersection of Jupiter Road and Bethany
Drive and continuing on Bethany Drive in a westerly direction to a
point three hundred eighty-eight (388) feet east of the intersection
of State Highway 5 and Bethany Drive.
C. Beginning at a point on Jupiter Road, four hundred (400) feet north
of the intersection of Jupiter Road and Bethany Drive and
continuingg south on Jupiter Road to a point five hundred seventy-
four (574j feet south of the intersection of Jupiter Road and
Bethany Drive.
d. Be 'inning at a point on Jupiter Road, five hundred seventy-four
D574) feet south of the intersection of Jupiter Road and Bethany
rive and continuing north on Jupiter Road to a point four hundred
(400) feet north of the intersection of Jupiter Road and Bethany
Drive.
6. Alvis C. Story Elementary School: Twenty (20) miles per hour
a. Beginning at a point on Malone Road, five hundred sixty-three (563)
feet north of the intersection of Edelweiss Drive and Malone Road
and continuing south along Malone Road to a point seven hundred
sixty (760) feet south of the intersection of Edelweiss Drive and
Malone Road.
b. Beginning at a point on Malone Road, seven hundred sixty (760)
feet south of the intersection of Edelweiss Drive and Malone Road
and continuing north to ant five hundred sixty-three (563) feet
north of the intersection of Edelweiss Drive and Malone Road.
C. Be 'inning at a point on Edelweiss Drive, one hundred seventy-five
175) feet west of the intersection of Edelweiss Drive and Azalea
rive and continuing east on Edelweiss Drive to the intersection of
Edelweiss Drive and Malone Road.
- 19d -
7.
P.,
d. Be'inning at the intersection of Edelweiss Drive and Malone Road
and continuing west along Edelweiss Drive to a point one hundred
seventy-five (175) feet west of the intersection of Edelweiss Drive
and Azalea Drive.
e. Be 'inning at ant on Azalea Drive, seven hundred forty-three
(743) feet south of the intersection of Azalea Drive and Edelweiss
Drive and continuing north to a point ninety, eight (98) feet north of
the intersection of Azalea Drive and Edelweiss Drive.
f. Beginning at a point on Azalea Drive, ninety-eight (98) feet north of
the, intersection of Azalea Drive and Edelweiss rive and continuing
south to a point seven hundred forty-three (743) feet south of the
intersection of Azalea Drive and Edelweiss Drive.
Curtis Middle School: Twenty (20) miles per hour
a. Beginning at a point on Malone Road, two hundred eight (208) feet
north of the intersection of Rivercrest Boulevard and Malone Road
and continuing south on Malone Road to a point one thousand
(1000) feet south of the intersection of Rivercrest Boulevard and
Malone Road.
b. Beginning at a point on Malone Road, one thousand (1000) feet
south of the intersection of Rivercrest Boulevard and Malone Road
and continuing north on Malone Road to a point two hundred eight
(208) feet north of the intersection of Rivercrest Boulevard and
Malone Road.
C. Beginning at a point on Rivercrest Boulevard, one hundred ninety-
six (196) feet east of the intersection of Rivercrest Boulevard and
Country Lane and continuing east to the intersection of Rivercrest
Boulevard and Malone Road.
d. Beginning at the intersection of Rivercrest Boulevard and Malone
Road and continuing west on Rivercrest Boulevard to appooint one
hundred ninety-six (196) feet east of the intersection of Rivercrest
Boulevard and Country Lane.
Vaughn Elementary School: Twenty (20) miles per hour
a. Beginning at a point on Deerlake Drive, seventy (70) feet north of
the intersection of Cottonwood Drive and Deerlake Drive and
continuing south to the intersection of Cottonwood Drive and
Deerlake Drive.
b. Beginning at the intersection of Cottonwood Drive and Deerlake
Drive and continuing north to a point on Deerlake Drive seventy
(70) feet north of the intersection of Cottonwood Drive and
Deerlake Drive.
C. Be inning ata int on Cottonwood Drive, two hundred (200) feet
west of the intersection of Cottonwood Drive and Deerlake Drive
and continuing east and south alongCottonwood Drive to a point
fifty (5Plest
feet north of the intersection of Cottonwood Drive and
Cedar Lane.
d. Beginning at a point on Cottonwood Drive, fifty (50) feet north of
the intersection of Cottonwood Drive and Cedar CCrest Lane and
-19e-
continuing north and west to a point on Cottonwood Drive two
hundred (200) feet west of the intersection of Cottonwood Drive
and Deerlake Drive.
9. Gene M. Reed Elementary School: Twenty (20) miles per hour
a. Beginning at a point on Allen Heights Drive, seven hundred thirty
((730) feet north of the intersection of Allen Heights Drive and
Rivercrest Boulevard and continuing south on Allen Heights Drive
to a point thirty-five (35) feet north of the intersection of Allen
Heights Drive and Timber Creek Drive.
b. Beginning at a point on Allen Heights Drive, thirty-five (35) feet
north of the intersection of Allen ei is Drive and Timber Creek
Drive and continuing north on Allen eights Drive to a point six
hundred sixty-eight (668) feet north of the intersection of Allen
Heights Drive and Rivercrest Boulevard.
C. Beginning at a point on Rivercrest Boulevard, twenty (20) feet east
of the intersection of Sandy Creek Drive and Rivercrest Boulevard
and continuing east on Rivercrest Boulevard to point one hundred
eighty-four (184) feet east of the intersection of Allen Heights Drive
and Rivercrest Boulevard.
d. Beginnm* at a point on Rivercrest Boulevard, one hundred eighty-
four (184) feet east of the intersection of Allen Heights Drive and
Rivercrest Boulevard and continuing west on Rivercrest Boulevard
to a point twenty (20) feet east of the intersection of Sandy Creek
Drive and Rivercrest Boulevard.
e. Beginning at a point on Fountain Gate Drive, sixty (60) feet south
of the intersection of Timbercreek Drive and Fountain Gate Drive
and continuingnorth and east along Timbercreek Drive to the
intersection ofTimbercreekDrive and Allen Heights Drive.
f. Beginning at the intersection of Timbercreek Drive and Allen
Heights Drive and continuingto a point sixty (60 feet south of the
in
of Timbercreek Drive and Fountain GGate Drive.
10. New Elementary School No. 7: Twenty (20) miles per hour
a. Beginning at a point on Newport Drive, one hundred (100) feet east
of the intersection of Newport Drive and Riverside Court and
continuing east along Newport Drive and north on Seeport Drive to
a point four hundred seventy (470) feet north of the intersection of
Newport Drive and Seeport Drive.
b. Beginning ata point on Seeport Drive, four hundred seventy (470)
feet north of the intersection of Newport Drive and Seeport Drive
and continuing south along Seeport Drive to the intersection of
Newport Drive and Seeport Drive and continuing west on Newport
D .ve to a point one hundred (100) feet east of the intersection of
Newport Drive and Riverside Court
11. New Elementary School No. 8: Twenty (20) miles per hour
a. Beginning at a point on Summertree Drive two hundred (200) feet
east of the intersection of Summertree Drive and Alder Drive and
continuing west on Summertree Drive to the intersection of
Summertree Drive and Springdale Court.
- 19f -
b. Be'inning at the intersection of Summertree Drive and Alder Drive
and continuing east to a point two hundred (200) feet east of the
intersection of Summertree Drive and Alder Drive.
C. Beginning at a point on Springdale Court one hundred (100) feet
south of the intersection ofpSpnngdale Court and Summertree Drive
and continuing north to the intersection of Springdale Court and
Summertree Drive.
d. Beginning at the intersection of Springdale Court and Summertree
Drive and continuing south to a point on Springdale Court one
hundred (100)) feet south of the intersection of Springdale Court and
Summertree Thrive.
e. Beginning at a point on Southpoint Court one hundred (100) feet
south of the intersection of Southpoint Court and Summertree
Drive and continuing north to the intersection of Southpoint Court
and Summertree Drive.
f. Beginning at the intersection of Southpoint Court and Summertree
Drive and continuing south to a point on Southpoint Court one
hundred (100) feet south of the intersection of Southpoint Court
and Summertree Drive.
g. Beginning at a point on Alder Drive one hundred (100) feet south
of the intersection of Alder Drive and Summertree Drive and
continuing north to the intersection of Alder Drive and Winterwood
Drive.
h. Beginning at the intersection of Alder Drive and Winterwood Drive
and continuing south to a point on Alder Drive one hundred (100)
feet south of the intersection of Alder Drive and Summertree Drive.
L Beginning at a point on Winterwood Drive one hundred (100) feet
east of the intersection of Alder Drive and Winterwood Drive and
continuing west to the intersection of Winterwood Drive and
Heatherwood Drive.
j. Beginning at the intersection of Winterwood Drive and
Heatherwood Drive and continuing east to a point one hundred
100) feet east of the intersection of Alder Drive and Winterwood
rive.
k. Beginning at the intersection of Winterwood Drive and
Heatherwood Drive and continuing north to a point one hundred
(100) feet north of the intersection of Winterwood Drive and
eatherwood Drive.
1. Beginning at a point on Heatherwood Drive one hundred (100) feet
north of the intersection of Heatherwood Drive and Winterwood
Drive and continuing south to the intersection of Winterwood Drive
and Heatherwood Dnve.
12. Love Joy Elementary: Thirty-five (35) miles per hour
a. Beginnin at a point on Farm to Market 1378, four hundred forty-
two 4421 feet south of the intersection of Farm to Market 13'78
and 7arm to Market 2786 and continuing south along Farm to
Market 1378 to a point one thousand six hundred sixty-eight (1688)
- 19g -
feet north of the intersection of Farm to Market 1378 and Rockridge Road.
b. Beginning at a point on Farm to Market 1378, one thousand six hundred
sixty-eight (1688) feet north of the intersection of Farm to Market 1378
and Rockridge Road and continuing north along Farm to Market 1378 to a
point four hundred forty-two (442) feet south of the intersection of Farm
to Market 1378 and Farm to Market 2786.
13. Beverly Elementary: Twenty (20) miles per hour
a. Beginning at a point on Duchess Drive, seventy-five (75) feet north of the
intersection of Duchess Drive and Hedgecoxe Road and continuing north
along Duchess Drive to the intersection of Duchess Drive and Needham
Drive.
b. Beginning at the intersection of Duchess Drive and Needham Drive and
continuing south along Duchess Drive to a point seventy-five (75) feet north
of the intersection of Duchess Drive and Hedgecoxe Road.
y,
C. Beginning at a point on Castlefort Drive one hundred twenty (120) feet
north of the intersection of Castlefort Drive and Needham Drive and
continuing along Castlefort Drive south to the intersection of Castlefort
Drive and Needham Drive.
d. Beginning at the intersection of Castlefort Drive and Needham Drive and
continuing along Castlefort Drive north to a point one hundred (100) feet
north of the intersection of Castlefort Drive and Needham Drive.
e. Beginning at a point on Needham Drive, one hundred fifty (15 0) feet west
of the intersection of Needham Drive and Duchess Drive and continuing
east along Needham Drive to a point six hundred forty (640) feet east of the
intersection of Needham Drive and Duchess Drive.
f. Beginning at the intersection of Needham Drive and Castlefort Drive and
continuing west along Needham Drive to a point one hundred twenty (120)
feet west of the intersection of Duchess Drive and Needham Drive.
g. Beginning at a point on Palace Way, one hundred fifty (150) feet west of the
intersection of Duchess Drive and Palace Way and continuing east along
Palace Way to the intersection of Duchess Drive and Palace Way.
h. Beginning at the intersection of Duchess Drive and Palace Way and
continuing west along Palace Way to a point one hundred fifty (150) feet
west of the intersection of Duchess Drive and Palace Way."
- 19h -
"School Days," as that term is used herein, shall be each Monday through Friday
throughout the calendar year when the school nearest the school zone is in session, and for
purposes of this speed ordinance, shall include the time period between the hours of 7:00 A.M.
and 4:30 P.M. on such days.
It shall be unlawful for any person to drive or operate a motor vehicle through a school
zone as designated and established herein during such periods of time, on school days, when
there is either a flashing warning signal in operation cautioning motorists to proceed with care, or
when appropriate signs are in place and conspicuous, in such a manner as to overtake and pass
another vehicle being driven in the same direction upon the same street within said school zone.
It shall be unlawful for any person to drive or operate a vehicle on a public street or
highway through the school zones herein designated during the periods herein designated at a
rate of speed in excess of the prima facie maximum speed limits herein designated for such
school zones.
Any person violating any provision of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in the sum of not more than Two
Hundred and No/100 Dollars ($200.00) for each such violation.
(Amended December 17, 1998 — Ordinance No. 1669-12-98)
DIVISION 3. TURNING MOVEMENTS.
SEC. 1-47. OBEDIENCE TO NO -TURN SIGNS.
Whenever authorized signs are erected indicating that no right, left, or U turn is
permitted, the driver of a vehicle shall obey the directions of the sign.
- 19i -
SEC. 1-48. LIMITATION ON U TURNS.
A person commits an offense, if as the operator of a vehicle, he turns the vehicle
so as to proceed in the opposite direction upon any street in a business district unless a
U turn sign permitting such a turn has been installed in the area, or in any other district
unless the movement can be made in safety and without interfering with other traffic.
SEC. 1-49. EMERGING FROM OR ENTERING ALLEY, PRIVATE DRIVEWAY, BUILDING,
ETC.
The driver of a vehicle emerging from an alley or private driveway within the
central business district, as described in this division, shall proceed straight ahead or
make a right turn. The driver of a vehicle entering an alley or private driveway within
the central business district as described in this division, shall do so by making a right
turn. This section shall not apply to one-way streets where a left turn is necessitated
by the one-way regulation.
SEC. 130. CENTRAL BUSINESS DISTRICT DEFINED.
For the purpose of this division, the central business district shall be that area
bounded by the following street lines: South Boundary - McDermott Drive; North
Boundary -Coats Drive; East Boundary - State Hwy. 5; and, West Boundary - U.S. Hwy.
75.
DIVISION 4. STOPS.
SEC. 1-51. VEHICLES TO STOP WHEN TRAFFIC IS OBSTRUCTED.
The driver of a vehicle commits an offense if he enters an intersection or marked
crosswalk when there is not sufficient space on the other side of the intersection or
crosswalk to accommodate the vehicle being operated, without obstructing the passage
of other vehicles or pedestrians in the intersection or crosswalk, notwithstanding any
11 1: traffic control signal indication to proceed.
=11it
ARTICLE VII. ONE-WAY STREETS AND ALLEYS.
SEC. 1-52. ONE-WAY STREETS AND ALLEYS.
The operator of a vehicle shall move only in the direction indicated, when signs
indicating the direction of traffic are erected at each intersection upon the following
streets or portions of streets:
STREET EXTENT DIRECTION
Belmont Dr. From Cedar Dr. to Ash Dr. West Bound
Birch Dr. From Main St. to Belmont Dr. South Bound
SEC. 1-53. AUTHORITY TO DESIGNATE ONE-WAY STREETS IN SCHOOL ZONES.
(a) The traffic engineer may designate one-way streets in school traffic
zones with appropriate signs which may be effective only during certain hours as
indicated on the signs.
(b) A person commits an offense if he operates a vehicle on a one-way
street in a school traffic zone in a direction indicated by the one-way sign during hours
in which the one-way regulation is in effect as indicated on the sign.
ARTICLE VIII. PEDESTRIANS' RIGHTS AND DUTIES.
SEC. 1-54. ENTERING OR ALIGHTING FROM VEHICLE; LOADING AND UNLOADING
SO NOT TO INTERFERE WITH TRAFFIC.
(a) A person shall not enter or alight from a vehicle on the side of the
vehicle adjacent to lanes of moving traffic unless reasonably safe to do so and unless it
will cause no interference with the movement of other traffic.
(b) A person shall not load or unload goods or merchandise in or on a
vehicle in a manner which will interfere with moving traffic, except where other
provisions of this code apply.
(c) A person commits an offense if he enters or alights from a vehicle
while the vehicle is moving.
SEC. 1-55. USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED.
A person commits an offense if while upon roller skates, or riding in or by means
of any coaster, toy vehicle, or similar device, he goes upon any roadway except while
crossing a street on a cross -walk, and when so crossing the person shall be granted all of
the rights and shall be subject to all of the duties applicable to pedestrians.
ARTICLE IX. SIZE AND WEIGHT OF VEHICLES.
SEC. 1-56. WEIGHT OF LOAD ON ENUMERATED BRIDGES, PER AXLE
(a) A person commits an offense if he operates a motor vehicle, truck -
tractor, trailer or semitrailer, or a combination of such vehicles over or' upon the
bridges designated below, when the motor vehicle, truck -tractor, trailer or semitrailer,
or combination of such vehicles has an, actual load in excess of 5000 pounds per axle:
(RESERVED)
(b) A person commits an offense if he operates a motor vehicle, truck -
tractor, trailer, or semitrailer, or combination of such vehicles, over or upon the
bridges designated below when the motor vehicle, truck -tractor, trailer, or semitrailer,
or combination of such vehicles has an actual load in excess of 3000 pounds per axle:
(RESERVED)
(c) A police officer, having reason to believe that the axle load or gross
weight of a loaded vehicle is unlawful, is authorized to weigh thre vehicle by means of
portable or stationary scales, or cause it to be weighed by a public weigher, and to
require that the vehicle be driven to the nearest available scales for the purpose of
weighing. If the axle load or gross weight of a vehicle exceeds the axle load or
maximum gross weight authorized by this article or state law, the police officer shall
demand and require the operator or owner of the vehicle to unload that portion of the
load necessary to decrease the axle load or gross weight of. the vehicle' to the maximum
axle load or gross weight authorized by law; provided, however, that if the load consists
-22 -
of livestock, perishable merchandise, or merchandise that may" be damaged or,destroyed
by the weather, then the operator shall be permitted to proceed to the nearest practical
unloading point before discharging the excess cargo.
SEC. 1-57. VEHICLES CARRYING GREATER LOADS THAN AS REQUIRED BY
SECTION 1-56.
Motor vehicles carrying greater loads than permitted by Section 1-56, and within
the maximum limits as provided by Article 6710d-11, Vernons Texas Civil Statutes, may
travel over streets, highways, roadways, 'and bridges designated as state or federal
highways, or bus or truck routes, as designated by the federal government and the
highway department of the state or by city ordinance; provided, that an oversized
motor vehicle shall not travel or move over any street, state or federal highway,
roadway, bridge, or park road where the city has an ordinance prohibiting such travel.
SEC. 1-58. CIVIL LIABILITY FOR VIOLATION OF ARTICLE.
A person violating any provision of this article shall be civilly liable to the city
for damages to any street, highway, park road, or bridge located within the city,
resulting from such violation.
SEC. 1-59. SIGNS WARNING OF MAXIMUM LOAD LIMIT ON BRIDGES.
The traffic engineer shall post appropriate warning signs on the right-hand side of
the street, roadway, highway, or parkway leading to the -entrance of each of the bridges
designated in this article. These signs shall contain a warning of the maximum load
limit for the designated bridge.
SEC. 1-60. ROUTES FOR OVER -SIZE EQUIPMENT; DAMAGE CAUSED BY OVER -SIZE
EQUIPMENT.
Pursuant to Article 6701a, Vernon's Texas Civil Statutes, all state or federal
highways within the city are designated as routes for over -size' equipment; provided,
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that any person damaging a state or federal highway within the city shall be civilly
liable to the city for the damages.
ARTICLE X. TRUCK ROUTES.
SEC. 1-61. OPERATION WITHIN CENTRAL BUSINESS DISTRICT; BOUNDARIES OF
CENTRAL BUSINESS DISTRICT DEFINED.
A person commits an offense if he drives or operates a transit -mix truck, truck
tractor, semitrailer, pole trailer, or trailer upon a street within the central business
district, except for expeditious delivery or pickup of material within the business
district. For the purpose of this article the boundary of the central business district is
that area and those streets being bounded by the following streets: South Boundary -
McDermott. Drive; North Boundary - Coats Drive; East Boundary - State Hwy. 5; and,
West Boundary - U.S. Hwy. 75.
SEC. 1-62. OPERATION IN PUBLIC PARKS.
A person commits an offense if he operates a truck, tractor, semitrailer, pole
trailer, or trailer upon any roads, streets, or thoroughfares running in and through the
various public parks within the city, except for deliveries made in the park.
SEC. 1-63. DESIGNATED FOR TRAILERS, SEMITRAILERS OR POLE TRAILERS
A person commits an offense if he operates a truck tractor, semitrailer, pole
trailer, or trailer upon a street or roadway within the city, except those truck routes
enumerated below:
STREET EXTENT
Farm -to -Market All portions within the central
Road 2170 business district as defined
herein.
SEC. 1-64. DEPARTURE FROM DESIGNATED ROUTES.
The operator of a semitrailer, pole trailer, or trailer restricted to the streets
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designated as "truck routes" by this article may depart from the truck routes when it is
necessary to reach a truck terminal or to load or unload merchandise at locations
situated off designated truck routes. The operator of a trailer, semitrailer, or pole
trailer shall not leave a designated truck route until he has reached a turning off point
leading to the ultimate destination of the vehicle by the shortest practical route which
is consistent with the reasonable operation of the vehicle. The operator of a trailer,
semitrailer, or pole trailer departing from a designated truck route, under the
provisions of this exception, shall not operate on streets upon which truck travel is
prohibited by this article.
SEC. IL -65. SAME - JUSTIFICATION OF DEPARTURE.
A person operating a semitrailer, pole trailer, or trailer upon a street or roadway
which is not designated a truck route by this article, shall have in his possession for the
inspection of police officers, his log book, delivery slips, or other evidence of his
destination and point of origin to justify the presence of the vehicle on a street or
roadway other than a designated truck route.
SEC. 1-66. SIGNS.
The traffic engineer shall erect appropriate signs and markings advising motorists
of the truck routes established by this article, and of streets upon which truck travel is
prohibited by this article.
SEC. 1-67. ALTERNATE ROUTES.
When a street or roadway designated as a truck route is under repair or otherwise
temporarily out of use, the traffic engineer is authorized to designate alternate truck
routes.
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M
ARTICLE XI.
STOPPING, STANDING, AND PARKING GENERALLY.
DIVLSION 1. GENERALLY.
SEC. 1-68. OBEDIENCE TO SIGNS.
A person commits an offense, if as the operator of a vehicle, he parks, stops, or
stands the vehicle in violation of an official sign, curb marking, or street marking
prohibiting, regulating, or restricting the parking, stopping or standing of a vehicle.
SEC. 1-69. UNAUTHORIZED RESERVING OF PARKING SPACES.
(a) On street for adjoining property owners and customers. A person
commits an offense if, without lawful authority, he places, maintains, or displays upon
or in view of a public sidewalk, curb, or street, a sign, signal, marking, or device which
indicates reserved parking space for adjoining owners or for customers of the adjoining
owners upon the street or in areas recessed from the street which require use of the
street for maneuvering.
(b) Verbal statement or gesture. A person commits an offense if without
lawful authority, he attempts to reserve a parking space upon a street for an adjoining
owner by statement or gesture.
SEC. 1 70. ANIMAL -DRAWN WAGONS, PUSHCARTS OR BICYCLES.
A person commits an offense if he stops, stands, or parks in a public street,
sidewalk, or alley, an animal -drawn wagon, pushcart, bicycle, tricycle, or unicycle,
except where allowed by other provisions of this code.
SEC. 1 71. VEHICLE TO BE PARKED WITHIN LIMIT LINES
The driver of a vehicle who parks the vehicle on a street upon which parking
spaces are delineated by limit lines, shall park the entire vehicle within the limit lines
-26 - $
marked on the curb or street designating the parking stall.
SEC. 1-72. PARKING OF TRUCKS, TRACTORS, ETC., IN RESIDENTIAL DISTRICTS.
(a) It shall be unlawful for any person to park or stand any truck with a
rated capacity in excess of three-quarter of a ton according to the manufacturer's
classification or any motor home, bus, trailer, semitrailer, service vehicle, pole trailer,
truck, truck -tractor, house trailer, special mobile equipment, farm tractor or
implement of husbandry upon any public street, highway, alley or public right-of-way
between any street and alley, within any part of the city classified by the
comprehensive zoning ordinance of the city as a single family dwelling district,
two-family dwelling district, or multi -family dwelling district. It shall be unlawful for
any person to park or stand a boat trailer upon any public street, highway, alley or
public right-of-way between alleys and streets, within any such residentially -classified
district. This subsection shall not prevent the parking or standing of the
above-described vehicle and/or trailers upon any public street, highway or alley in any
such zoned area for the purpose of expeditiously loading and unloading passengers,
freight or merchandise, but not otherwise.
(b) It shall be unlawful for any person to park or stand any truck with a
rated capacity in excess of three-quarters of a ton according to the manufacturer's
rated classification or any motor home, bus, trailer, semitrailer, pole trailer, truck,
truck -tractor, house trailer, special mobile equipment, farm tractor or implement of
husbandry upon any public street, highway, alley or any public right-of-way between
any street and alley, within any part of the city classified by the comprehensive zoning
ordinance as any district other than one set out in Subsection (a) above at any time
from thirty (30) minutes after sunset until thirty (30) minutes before sunrise.
(c) Passenger cars, pickup trucks with a rated capacity of three-quarters
k of a ton or less, passenger vans, and any type of disabled person's vehicle or trailer
u
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which displays a decal, identification card or other device issued in accordance with
state law to any handicapped driver using the international symbol consisting of a
stylized wheelchair on a blue background are exempt from this section.
(Amended September 6, 1990 - Ordinance No. 990-9-90).
SEC. 1-73. STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED
PLACES.
No person shall stop, stand or park a vehicle except when necessary to avoid
conflict with other traffic or in compliance with law or directions of a police officer or
r
traffic control device in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) On a crosswalk;
(e) Within twenty (20) feet of a crosswalk at an intersection;
(f) Within fifteen (15) feet of a fire hydrant; or,
(g) Where signs are erected or curbs are painted indicating that such is not
allowed.
(Amended September 6, 1990 - Ordinance No. 990-9-90).
DIVISION 2. PROHIBITED IN SPECIFIED PLACES.
SEC. 1-74. PARKING NEAR RAILROAD TRACKS; PROHIBITED GENERALLY;
PERNHTTED FOR LOADING.
A person commits an offense if he stops, parks, or stands an automobile, truck, or
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other vehicle so that any portion of the vehicle is closer than six feet to the nearest rail
of the track of a railroad company. This section does not apply to the parking or
standing of vehicles for the purpose of loading or unloading passengers, freight or
merchandise to or from a railroad car or building adjoining the track.
SEC. 1-75. OWNER PRESUMED TO HAVE PARKED UNATTENDED VEHICLE.
If any vehicle is found unattended or unoccupied upon the right-of-way of the
railroad or parked or standing within less than six feet from the nearest rail of the
track, in violation of any provisions of the preceding section, the fact that such vehicle
is unattended or unoccupied shall be prima facie evidence that the owner unlawfully
stopped, placed or parked the vehicle. Proof of the ownership may be made by a copy
of the registration of the vehicle with the State Highway Department or County Motor
Vehicle License Department showing the name of the person to whom the state highway
license plates were issued. This proof shall constitute prima facie evidence of the
ownership of the motor vehicle by the person to whom the certificate of registration
was issued.
SEC. 1-76. PARKING FOR MORE THAN 24 HOURS PROHIBITED.
(Repealed September 6, 1990 - Ordinance No. 990-9-90).
SEC. 1-77. PARKING FOR CERTAIN PURPOSES AND PARKING ON PARKWAYS
PROHIBITED.
(a) A person commits an offense if he parks a vehicle upon a street or
highway for the purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing, or repairing such vehicle, except when
repairs are necessitated by an emergency.
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(b) A person commits an offense if he stops, parks, or stands a vehicle on a parkway.
This subsection does not apply to a vehicle which develops a mechanical defect making it
impossible or unsafe to proceed further, and in this case it is lawful to stop, park, or stand the
vehicle for the time necessary to make emergency repairs.
SEG 1-78. PARSING BY PARSING LOT OWNERS.
A person commits an offense if, as the owner or attendant of a parking lot who receives a
fee for parking or storing a vehicle, he parks a vehicle within a metered or unmetered parking
zone, sidewalk, parkway space, or on the streets or highways of the city.
SEG 1-79. PARSING IN ALLEYS.
(a) A person commits an offense if he parks or stands a passenger car or light truck in
an alley so that any portion of the vehicle:
(1) obstructs a driveway; or
(2) limits the width of the alley to less than 10 feet.
(b) This section does not apply to a vehicle when it is used for construction,
maintenance, or repair work in an alley or when it has a defect which immobilizes the vehicle.
SEG 1-80. STANDING OR PARSING ON ONE-WAY ROADWAYS.
If a highway includes two or more separate roadways, and traffic is restricted to one
direction on one or more of the separate roadways, a person commits an offense if he stands or
parks a vehicle upon the left-hand side of the one-way roadway, unless signs are erected to
permit such standing or parking.
SEG 1-80.1. SPECIFIED ROADWAYS DURING SCHOOL DAYS.
Parking shall be prohibited along and upon the north and south sides of Rivercrest
Boulevard, from its intersection with Roaring Springs Drive easterly to its intersection with Sandy
Creek Drive, from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m. on school days. School days
is defined as each Monday through Friday throughout the calendar year when the school nearest
the area defined in this section is in session.
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DIVISION 3. STOPPING FOR LOADING OR UNLOADING ONLY.
SEC. 1-81. CURB LOADING ZONES - AUTHORITY TO DESIGNATE; TIMES OPERATIVE.
The traffic engineer, on the basis of engineering and traffic surveys, - is authorized
to determine the location of passenger and freight curb loading zones and shall place
and maintain appropriate signs indicating these locations. Freight loading zones shall
be effective between 7:00 a.m. and 6:30 p.m., except Sundays and meter holidays, and
passenger loading zones shall be effective at all times. If the zone lies within a section
of curb designated for parking ban purposes, the loading zone shall not be effective
during the time when the parking ban is in effect.
SEC. 1-62. SAME - APPLICATION FOR PERMIT; COLLECTION OF FEES.
Any person desiring a loading zone abutting his property shall make application on
appropriate forms to the traffic engineer. If the permit application is approved, and
after the annual permit fee has been paid to the director of revenue and taxation, the
traffic engineer shall set aside the zone by placing appropriate signs or curb markings.
The director of revenue and taxation shall collect the renewal fee on the same basis for
subsequent years, and in the event the fee is not promptly paid, he shall advise the
traffic engineer who shall remove the signs or curb markings designating the loading
zone.
SEC. 1-83. SAME - FEE REQUIRED; SIGNS OR CURB MARKINGS.
The annual fee for a loading zone permit is five dollars per lineal foot per year for
space reserved and shall be payable to the director of revenue and taxation upon
approval of the permit application. A loading zone shall be designated by upright signs
or painted curb markings of a distinctive color imprinted with the words "Loading Zone"
or "Passenger Loading Zone".
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SEC. 1-84. SAME - PERMIT NOT GRANTED WHERE TRAFFIC HAZARD CREATED.
A loading zone permit shall not be granted where the flow of traffic would be
impeded or where traffic hazards would be created.
SEC. 1-85. SAME - USE NOT EXCLUSIVE.
Loading zones shall be available to anyone who may have loading or unloading in
the immediate vicinity.
SEC. 1-86. STANDING IN PASSENGER CURB LOADING ZONE.
A person commits an offense if he stops, stands, or parks a vehicle for any
purpose other than for the expeditious loading or unloading of passengers in any place
marked as a passenger loading zone during hours when the regulations applicable to the
loading zones are in effect. A person may stop, stand, or park a vehicle in a passenger
loading zone only for a period of time not -to exceed two minutes.
SEC. 1-87. STANDING IN FREIGHT LOADING ZONES.
A person commits an offense if he stops, stands, or parks a vehicle for any
purpose other than for the expeditious unloading or loading of materials in any place
marked as a loading zone during hours when the provisions applicable to such zones are
in effect. In no case shall the stopping for loading and unloading of materials exceed 15
minutes, except on written permission from the chief of police and then only for a
period necessary to complete one undertaking.
SEC. 1-88. USE OF CURB LOADING ZONES BY PASSENGER VEHICLES.
A person may stop, stand, or park a passenger type vehicle in a freight loading
zone for the purpose of loading or unloading freight if he places an appropriate sign at
least six inches by eleven inches on his windshield advising that he is parking for loading
or unloading freight. Absence of an appropriate sign on the windshield of a passenger -
type vehicle in a freight loading zone shall be prima facie evidence that the vehicle is
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illegally parked.
SEC. 1-89. VEHICLES BACKED TO CURB FOR LOADING.
The driver of a vehicle used to transport merchandise or materials may load and
unload while the vehicle is backed against the curb, in areas and at times designated.by
the chief of police so long as it does not seriously interfere with the flow of traffic.
SEC. 1-90. POSITION OF VEHICLES BACKED TO CURB FOR LOADING, ETC.
When a vehicle having six or more wheels is backed to the curb for the purpose of
unloading or loading, the front or tractor portion shall, to the extent physically possible,
be turned parallel to the curb and headed in the direction of traffic.
DIVISSION 4. PARKING METERS.
SEC. 1-91. (RESERVED).
DIVISION 5. RESTRICTED OR PROHIBITED IN CERTAIN AREAS
SEC. 1-92. (RESERVED.
DIVISION 6. PENALTIES FOR ILLEGAL PARKING.
SEC. 1-93. UNATTENDED VEHICLES PRESUMED LEFT BY OWNER.
When a vehicle is found unattended or unoccupied upon a street, highway, alley or
other public place, in violation of any provision of this code regulating the stopping,
standing, or parking of vehicles, it shall be presumed that the owner unlawfully stopped,
placed or parked the vehicle.
SEC. 1-94. ILLEGALLY STOPPED VEHICLES; MAY BE REQUIRED TO MOVE.
When a police officer finds a vehicle standing upon a street or highway in
violation of a provision of this article, the officer is authorized to move the vehicle, or
require the driver or other person in charge of the vehicle to move the vehicle to a
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Ll
location off the paved or main part of the highway or street.
ARTICLE XII. VIOLATIONS AND PENALTIES.
SEC. 1-95. PROCEDURE UPON ARREST FOR VIOLATION OF CODE.
When a person is arrested for violating a provision of this code and is not
immediately taken before a magistrate, the arresting officer shall take the person's
name, address, the driver's license number and registration of his vehicle, if any, and
issue to the person, in writing, on a form provided by the city, a notice specifying the
offense charged and commanding the person to answer to the charge against him in not
less than twenty days at the time and place specified in the notice. The arresting
officer shall have the arrested person give his written promise to answer as specified in
the notice, and upon securing such written promise, shall release such person from
custody.
SEC. 1-96. GIVING FALSE NAME UPON ARREST FOR TRAFFIC VIOLATIONS.
A person, upon being arrested by a police officer for a violation of a traffic law or
ordinance, shall give the arresting officer, as his name, his true and correct name.
SEC. 1-97. GIVING FALSE ADDRESS UPON ARREST FOR TRAFFIC VIOLATION.
A person, upon being arrested by a police officer for a violation of a traffic law or
ordinance, shall give the arresting officer, as his address, his true and correct address.
SEC. 1-98. VIOLATION OF WRITTEN PROMISE TO APPEAR.
(a) Any person intentionally violating his written promise to appear in
court, given as provided in this article, is guilty of a misdemeanor regardless of the
disposition of the charge upon which he was originally arrested
(b) A written promise to appear in court, given as provided in this article,
may be complied with by an appearance of counsel.
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SEC. 1-99. PROCEDURE UPON FAILURE OF TRAFFIC VIOLATOR TO APPEAR.
If the violator fails to appear within the time designated in the notice, the clerk
of the municipal court shall proceed to arrest the violator and bring him before the
municipal court.
SEC. 1 100. PAYMENT OF FINES; WHEN PLEADING GUILTY.
A person who has received a notice to appear in answer to a traffic charge under
this code may within the time specified in the notice appear at the office of the clerk
of the municipal court and answer the charge set forth in such notice by paying a
prescribed fine, and in writing, pleading guilty to the charge, waiving a hearing in court
and giving power of attorney to the clerk of the municpal court to make the plea and
pay the fine in court.
SEC. 1-101. DISPOSITION OF FINES AND FORFEITURES.
All fines or forfeitures collected upon conviction or upon the forfeiture of bond of
any person charged with a violation of a provision of this code shall be paid into the city
treasury and deposited in the general fund.
r
F
SEC. 1-102. AUTHORITY TO ARREST WITHOUT WARRANT FOR VIOLATIONS OF CODE.
Any police officer is authorized to arrest without warrant any person found
committing a violation of any provision of this code.
ARTICLE XIII. FREEWAY REGULATIONS.
SEC. 1-103. VEHICULAR ACCESS TO ENUMERATED STREETS TO BE DESIGNATED.
Vehicular access to and from the main traveled portion of the following described
streets or freeways shall be designated by the traffic engineer in accordance with, the
approved traffic and safety patterns of the city:
STREET EXTENT
U.S. Hwy. 75 All portions within the city.
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SEC. 1-104. PEDESTRIANS PROHIBITED FROM CROSSING ENUMERATED STREETS.
Pedestrians
shall not
cross
the following streets or
freeways except
at those
locations where
overpasses
and
underpasses are provided
for pedestrian
crossing:
(RESERVED).
SEC. 1-105. HITCHHIHING PROHIBITED ON FREEWAYS.
A person commits an offense if he requests or solicits, by gesture or otherwise, a
ride from the operator of any vehicle 'traveling on any of the following streets or
highways, or if, as the operator of a vehicle traveling on any of the following streets or
highways, he stops to give a ride to another person: (RESERVED).
SEC. 1-106. ANIMAL -DRAWN VEHICLES, MOTOR DRIVEN CYCLE AND PUSHCARTS
PROHIBITED FROM USING ENUMERATED STREETS
A person commits an offense if he operates, drives, or permits to be driven an
animal -drawn vehicle, bicycle, other device propelled wholly or in part by human power,
or a motor driven cycle on any of the following described streets or freeways:
(RESERVED).
SEC. 1107. DRIVERS PROHIBITED FROM STOPPING ON ENUMERATED STREETS;
DEFENSES
(a) A person commits an offense if he stops, parks or stands a vehicle on
the main traveled portion of the roadway of the following described streets or
freeways:
STREET EXTENT
U.S. Hwy. 75 All portions within the city.
(b) It is a defense to prosecution under this section if such stopping,
parking, or standing is necessary for safe operation, or for compliance with law, or the
vehicle is disabled in such a manner and to such an extent that it is impossible to avoid
-35 -
stopping on the main traveled portion of the roadway.
ARTICLE XIV. MOTOR VEHICLE ESCORTS FOR HIRE.
SEC. 1-108. (RESERVED).
ARTICLE XV. PARADES.
SEC. 1-109. DEFINITIONS.
In this article:
(a) APPLICANT means a person who has filed a written applica-
tion for a parade permit.
(b) CHIEF OF POLICE means the Chief of Police for the City of
Allen, and his designated agent.
(c) CITY means the City of Allen, Texas.
(d) COMMERCIAL PARADE means a parade sponsored by other
than a non-profit organization, the purpose of which is to advertise a tangible or
intangible product for sale or to promote an exposition or theatrical performance.
(e) PARADE means the assembly of three or more persons whose
gathering is for the common design and purpose of marching in procession from
one location to any other location.
(f) PARADE PERMIT means written approval from the chief of
police for a parade or procession.
(g) PERMITTEE means the person to whom a parade permit is
granted pursuant to this code.
(h) PERSON means any individual, assumed named entity, part-
nership, association, corporation or organization.
(i) SIDEWALK means that portion of a street between the curb
lines, or lateral lines of a roadway, and the adjacent property lines intended for
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the use of pedestrians.
(j) STREET means the entire width between the boundary lines
of every way publicly maintained, when any part thereof is open to the use of the
public for purposes of vehicular travel.
SEC. 1-110. PERMIT REQUIRED; EXCEPTION.
(a) A person commits an offense if he engages in, participates in, aids or
commences a pedestrian parade or vehicular parade or a combination thereof upon the
streets of the city without making written application for and receiving a parade permit
from the chief of police.
(b) Application for parade permits for parades of more than 25 persons or
more than three motor vehicles shall be made not less than five days, excluding
Saturdays, Sundays and legal holidays,.prior to the date and time of the commencement
of the parade. Application for parade permits for parades of 25 persons or less and
three motor vehicles or less shall be made not less than 24 hours prior to the time of
the commencement of the parade.
(c) No parade permit shall be required for the following:
(1) The armed forces of the United States of America, the
military forces of the State of Texas and the forces of the police and fire
departments acting within the scope of their duties.
(2) Funeral processions proceeding by vehicle under the most
reasonable route from a funeral home, church or residence of a deceased to the
place of service or place of interment.
street.
(3) A peaceful demonstration at a fixed location which is not a
(4) Sidewalk processions which observe and comply with traffic
regulations and traffic control devices, utilizing that portion of a sidewalk nearest
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the street, but at no time more than one-half of the sidewalk.
SEC. 1-111. APPLICATION FOR PARADE PERMIT.
The application for a parade permit shall contain the following information and be
signed by the applicant and sworn to before an officer authorized to administer oaths:
(a) The name, address, and telephone number of the applicant
and of any other persons, organizations, firms or corporations bn whose behalf the
application is made.
(b) Date requested for the parade and the time of day requested.
(c) The parade's commencement time, the specific route to be
traveled, and the starting and termination points.
(d) The estimated number of persons to participate in the parade
and the estimated number of animals that will be utilized.
(e) The estimated number, if any, of animals and riders, animal -
drawn vehicles, floats, motor vehicles, motorized displays and marching units or
organizations such as bands, color guards and drill teams.
SEC. 1-112. ISSUANCE OF PARADE PERMIT.
(a) Upon receipt of an application for a parade permit, the chief of police
shall furnish to the applicant within three days, excluding Saturdays, Sundays and legal
holidays, appropriate approval or denial of the permit.
(b) Should the application for a parade permit reveal that the parade route
requested will interfere with the orderly flow of vehicular and pedestrian traffic, the
chief of police shall have authority to establish a reasonable alternate route and
regulate the width of the parade.
SEC. 1 113. DENIAL OF PARADE PERMIT.
The chief of police shall deny a parade permit when:
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(a) The movement of the parade will conflict in time and
location with another parade, a permit for which has been granted.
(b) He has reasonable grounds to believe that the movement of
the parade will result in violence, riot or other public calamity.
(c) The application for a parade permit proposes to cross or
utilize as a route, or a portion thereof, any of the following: (RESERVED).
SEC. 1 114. REVOCATION OF PARADE PERMIT.
The chief of police shall revoke a parade permit when:
(a) The parade fails to begin within 30 minutes of the appointed
time of commencement.
(b) The information contained in the application for a parade
permit is found to be false in.Any material detail.
SEC. 1-115. APPEAL OF DENIAL OR REVOCATION OF PARADE PERMIT.
In the event the chief of police denies or revokes a parade permit, this action
shall be final unless the applicant or permittee shall, within two days after the receipt
of notice of such denial or revocation, file with the city manager a written appeal. The
city manager shall, within 24 hours after the appeal is filed, consider all the evidence in
support of or against the action appealed, and render a decision either sustaining or
reversing the denial or revocation. The decision of the city manager shall be final.
SEC. 1-116. COMMERCIAL PARADE; FEE REQUIRED.
In order to reimburse the City of Allen for the policing and cleaning costs which
will be incurred as a result of the holding of a commercial parade, the applicant for a
commercial parade permit shall pay to the City of Allen a permit fee in the amount of
$10 prior to issuance of the permit.
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