O-195-8-76CITY OF ALLEN, TEXAS ORDINANCE NO. 195
AN ORDINANCE AUTHORIZING EXISTING TRAFFIC CONTROL DEVICES
THE INSTALLATION OF NEW TRAFFIC CONTROL DEVICES, SIGNALS
AND SIGNS, AND DIRECTING THE DIRECTOR OF PUBLIC WORKS
TO ERECT SUCH DEVICES, SIGNALS AND SIGNS AS MAY BE PROVIDED
FOR IN ANY SUBSEQUENT ORDINANCE; AND PROVIDING FOR THE
PRIMA FACIE EVIDENCE RULE WITH RESPECT TO SUCH DEVICES,
SIGNALS AND SIGNS AS MAY BE ACTUALLY INSTALLED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1: All traffic control devices including
signs, signals and markings (pavement and/or curb)
installed or used for the purpose of directing and
controlling traffic within the City of Allen shall
conform with the Texas Manual on Uniform Traffic Control
Devices for Streets and Highways, Volumes I and II
(hereafter called the Manual) . Article 6701d, Vernon's
Civil Statutes states; all signs, signals and markings
erected or used by the City of Allen shall be uniform
and be located so far as practicable according to the
directions shown in the Manual throughout the city. All
existing traffic control devices and those erected in
the future by the city being consistant with the Manual,
State law and this Ordinance shall be official traffic
control devices.
SECTION 2: The driver of any vehicle, motor vehicle
or animal shall obey the instructions of any official
traffic control device, sign, signal or marking applicable
thereto placed in accordance with this Ordinance, the
Manual and any Ordinance directing that such traffic
control device, sign or signal shall be installed or
erected unless otherwise directed by a police officer,
subject to the exceptions granted the driver of an
authorized emergency vehicle permitted by this Ordinance.
SECTION 3: (a) The driver of an authorized
emergency vehicle, as the term "authorized emergency
vehicle" is defined by State law, when responding to
an emergency call or when in the pursuit of an actual
or suspected violator of the law, or when responding
to but not upon returning from a fire alarm, may exercise
the privileges set forth in this section, but subject
to the conditions herein stated.
may:
(b) The driver of an authorized emergency vehicle
(1) Park or stand, irrespective of the
provisions of this or any ordinance;
(2) Proceed past a red or stop signal or stop
sign, but only after slowing down as may
be necessary for safe operation;
(3) Exceed the prima facie speed limits so
long as he does not endanger life or
property;
(4) Disregard regulations governing direction
of movement or turning in specified directions.
(c) The exemptions herein granted to an authorized
emergency vehicle shall apply only when the driver of
any said vehicle in motion sounds audible signal by bell,
siren, or exhaust whistle as may be' reasonably necessary,
and when the vehicle is equipped with at least one lighted
lamp displaying a red light visible under normal atmospheric
conditions from a distance of five hundred feet to the
front of such vehicle, except that an authorized emergency
vehicle operated as a police vehicle need not be equipped
with or display a red light visible from in front of the
vehicle.
(d) The foregoing provisions shall not relieve
the driver of an authorized emergency vehicle from the
duty to drive with due regard for the safety of all
persons, nor shall such provisions protect the driver
from the consequences of his reckless disregard for the
safety of others.
SECTION 4: (a) No person shall place, maintain,
or display upon or in view of any highway, street or
alley any unauthorized signs, signal, marking, or device
which purports to be or is an imitation of or resembles
'an official traffic control device or railroad sign
or signal, or which attempts or-direct—the movement of C
traffic, or which hides from view or interferes with
the effectiveness of any official control device or any
railroad sign or signal.
(b) No person shall place or maintain nor shall
any public authority permit upon any highway, street or
alley any traffic sign or signal bearing thereon any
commercial advertising.
(c) This section shall not be deemed to prohibit
the erection upon private property adjacent to highways,
streets or alleys or signs giving useful directional
information and of a type that cannot be mistaken for
official signs.
(d) Every such prohibited sign, signal or marking
is hereby declared to be a public nuisance, and the Chief
of Police is hereby empowered to remove the same or cause
it to be moved without notice.
E
r
SECTION 5: No person shall without lawful authority
attempt to or in fact alter, deface, injure, knock down
or remove any official traffic control device, sign or
signal or any railroad sign or signal or any inscription,
shield, or insignia thereon, or any part thereof.
SECTION 6: (a) The City Council of the City of
Allen shall by Ordinance direct that the Director of
Public Works shall have the duty of erecting or installing
upon, over, along, or beside any highway, street or alley
signs, signals and markings, or cause the same to be
erected, installed or placed in accordance with this
Ordinance and consistant with the Manual. Said traffic
control devices shall be installed immediately, or as
soon as such specific device, sign or signal can be
procured.
(b) Whenever the Director of Public Works has
erected and installed any official traffic control device,
signal or sign at any location in the City of Allen,
or has caused the same to be done under his direction,
in obediance to this Ordinance, the Manual, or another
Ordinance directing the erection of such device, signal
or sign shall thereafter file a report with the City
Secretary in writing and signed officially by the Director
of Public Works, stating the type of traffic control
device, sign, or signal, and when and where the same
was erected or installed. The City Secretary shall file
and maintain such report of the Director of Public Works
among the official papers of the office of the City
Secretary.
Ll
SECTION 7: It being unlawful for any person other
than the Director of Public Works, acting pursuant to
an Ordinance of the City, to install or cause to be
installed any signal, sign or device purporting to direct
the use of the streets or the activities on those streets
of pedestrians, vehicles, motor vehicles, or animals,
proof, in -any prosecution for a violation of this Ordinance
or any traffic Ordinance of the City of Allen, that any
traffic control device, sign, signal or marking was
actually in place on any street shall constitute prima
facie evidence that the same was installed by the Director
of Public Works pursuant to the authority of this
Ordinance and of the ordinance directing the installation
of such device, signal or marking.
SECTION 8: Any person convicted of violating any
of the provisions of this Ordinance shall be punished
by a fine of not less than One Dollar ($1) nor more than
Two Hundred Dollars ($200).
SECTION 9: - The caption of this Ordinance shall be
published one (1 ) time in a weekly newspaper published
in the City of Allen, and shall be effective immediately
upon its passage and such publication.
PASSED AND APPROVED BY THE CITY CO CIL OF TH CITY
OF ALLEN, TEXAS, on this �:--_1_ day of
1976.
M or, City of en, s
CORRECT RECORDED:
City S cretary