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HomeMy WebLinkAboutO-4118-10-24ORDINANCE NO. 4118-10-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, “MOTOR VEHICLES AND TRAFFIC”, ARTICLE XIII, “PEDESTRIAN SAFETY”, TO ADD REGULATIONS FOR PEDESTRIAN SAFETY; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, be and the same is hereby amended by amending Chapter 9, “Motor Vehicles and Traffic”, Article XIII, “Pedestrian Safety”, to read as follows: “ARTICLE XIII PEDESTRIAN SAFETY Section 9-341. - Pedestrians on medians less than six feet in width and approaching a motor vehicle in operation on a major thoroughfare, freeway or access road. (a) Offenses. It shall be an offense for a person to: (1) Stand, sit, or loiter on a roadway median that measures less than six (6) feet, or (2) Approach a motor vehicle being operated on a major thoroughfare, freeway or access road. (b) Defenses. It shall be a defense to prosecution if the conduct prohibited by this section was by a person: (1) Lawfully and actively crossing a divided roadway in the most direct route possible; (2) Immediately and reasonably necessary to prevent bodily injury or death of any person; (3) Receiving and/or rendering aid in an emergency situation; (4) Performing work in the right-of-way in accordance with a permit issued by the City; or (5) Performing work under city, state, or federal authority to protect the health, safety, or welfare of the community, including but not limited to activities by police and fire departments; maintenance of roadways, utilities, and other public areas; and activities by city employees or its contractors performing work in the course and scope of their employment and pursuant to authorization from the city manager or designee.” SECTION 2. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.