O-999-9-90CITY OF ALLEN
THE STATE OF TEXAS S
COUNTY OF COLLIN S
CITY OF ALLEN S
This amendment (Ordinance No. 999-9-90) to the Code of Vehicle and Traffic
Ordinances (Ordinance No. 259, as previously amended) has been duly adopted by
the governing body of the City of Allen on this 6th day of September, A.D., 1990,
in the manner required by law and does hereby: amend Chapter 9, Article I,
Section 9-2 and Section 9-6 of the Allen Code of Ordinances and Article I, Section
1-2, "Definitions," of the Allen Vehicle and Traffic Code, also known by its short
title of "Allen Traffic Ordinances;" amend Chapter 9, Article IX, Division 1,
Sections 9-227 and 9-228 of the Allen Code of Ordinances and Article XI, Division
1, Section 1-72, "Parking of Commercial Vehicles," and Section 1-73, "Same --With
Capacity of More than One and One -Half Tons in Certain Districts," of the Allen
Vehicle and Traffic Code; repeal Chapter 9, Article IX, Division 2, Section 9-242
of the'Allen Code of Ordinances and Article XI, Division 2, Section 1-76, "Parking
for More Than' 24 Hours Prohibited," of the Allen Vehicle and Traffic Code; and
shall become effective on January 1, 1991.
(X
Mat9or, City of Allen, Texas
ATTEST:
i Secr ary, City of Allen, Texas
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100
ORDINANCE NO. 999-9-90
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING CHAPTER
9, ARTICLE I, SECTION 9-2, "DEFINITIONS," AND SECTION 9-6, "APPROVED
ABBREVIATIONS," AND ARTICLE I, SECTION 1-2, OF THE ALLEN VEHICLE
AND TRAFFIC CODE, ORDINANCE 259, AS PREVIOUSLY AMENDED, OF THE
CITY OF ALLEN, TEXAS, BY ADDING NEW DEFINITIONS THERETO; AMENDING
CHAPTER 9, ARTICLE IX, DIVISION 1, SECTIONS 9-227, "COMMERCIAL
VEHICLES --GENERALLY," AND 9-228, "SAME --WITH CAPACITY OF MORE
THAN ONE AND ONE-HALF TONS IN CERTAIN DISTRICTS," OF THE ALLEN
CODE OF ORDINANCES, AND ARTICLE XI, DIVISION 1, SECTION 1-72 AND
1-73 OF THE ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE 259, AS
PREVIOUSLY AMENDED, OF THE CITY OF ALLEN, TEXAS, RESTRICTING THE
PARKING OR STANDING OF VARIOUS VEHICLES IN RESIDENTIAL DISTRICTS,
RESTRICTING THE PARKING OR STANDING OF VARIOUS VEHICLES IN OTHER
DISTRICTS FROM 30 MINUTES AFTER SUNSET UNTIL 30 MINUTES BEFORE
SUNRISE, AND PROHIBITING THE STOPPING, STANDING OR PARKING OF ANY
VEHICLE IN SPECIFIED PLACES; REPEALING SECTION 9-242, "PARKING FOR
MORE THAN 24 HOURS," DIVISION 2, ARTICLE IX, CHAPTER 9, OF THE ALLEN
CODE OF ORDINANCES AND SECTION 1-76, DIVISION 2, ARTICLE XI, OF THE
ALLEN VEHICLE AND TRAFFIC CODE, ORDINANCE 259, AS PREVIOUSLY
AMENDED, OF THE CITY OF ALLEN, TEXAS; PROVIDING PENALTY CLAUSES,
SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.
WHEREAS, in order to reduce hazardous traffic conditions and hazardous nighttime
driving conditions on residential streets, to preserve the character of such residential streets,
and in order to protect and further the peace, safety and welfare and good order of the City of
Allen, the City Council of the City of Allen, Texas, finds it necessary to amend Chapter 9,
"Motor Vehicles and Traffic," Article I, "In General," Section 9-2, "Definitions," and Section
9-6; "Approved Abbreviations," and Article I, Section 1-2, of the Allen Vehicle and Traffic
Code, Ordinance No. 259, as previously amended, of the City of Allen, Texas, by adding new
Ordinance No. 999-9-90 - Page 1
definitions thereto; and to further amend Article IX, "Stopping, Standing and Parking
Generally," Division 1, "Generally," Sections 9-227, "Commercial vehicles --Generally," and
9-228, "Same --With capacity of more than one and one-half tons in certain districts," of the
Allen Code of Ordinances, and Article XI, Division 1, Section 1-72 and Section 1-73 of the
Allen Vehicle and Traffic Code, Ordinance No. 259, as previously amended, by restricting the
parking or standing of various vehicles in residential district, restricting the parking or
standing of various vehicles in other districts from 30 minutes after sunset until 30 minutes
before sunrise, and prohibiting the stopping, standing or parking of any vehicle in specified
places; and,
WHEREAS, the City Council of the City of Allen, Texas, further finds it necessary to
repeal Section 9-242, "Parking for more than 24 hours," Division 2, "Prohibited in Specified
Places," Article IX, "Stopping, Standing and Parking Generally," Chapter 9, of the Allen Code
of Ordinances and Section 1-76, Division 2, Article XI, of the Allen Vehicle and Traffic Code,
Ordinance No. 259, as previously amended, of the City of Allen, Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION I: That from and after the effective date of this Ordinance, Ordinance
No. 259, as previously amended, and particularly Article I, Section 1-2 thereof, and Chapter 9,
"Motor and Vehicles and Traffic," Article I, "In General," Section 9-2 and Section 9-6, of the
Allen Code of Ordinances be amended to now read as follows:
Sec. 9-2. Definitions.
(a) In this chapter:
Alley means any narrow public way having no legal or official name
other than "alley."
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.
Ordinance No. 999-9-90 - Page 2
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.
Central business district means that area as defined by the Central
Business District Zoning Ordinance No. 829-11-87.
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.
Curb means the lateral lines of a roadway, whether constructed above
grade or not, which are not intended for vehicular travel.
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.
Farm tractor means every motor vehicle designed and used primarily as
a farm implement for drawing plows, mowing machines and other implements of
husbandry.
Horse means any saddle or harness animal.
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.
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 shall not
include any passenger car or truck.
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.
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.
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.
Ordinance No. 999-9-90 - Page 3
One-way street means any street or highway on which traffic is
restricted to movement in one direction only.
Operator means any person in control of a vehicle, including a railroad
train or vehicle being towed.
Parking ban means certain hours during the day at which time
standing, parking or stopping of a vehicle is prohibited along the curb of designated
streets as indicated by signs authorized by the traffic engineer.
Parkway means:
(1) 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.
(2) 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.
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.
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.
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.
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.
Semitrailer means every vehicle with or without motive power, other
than a pole trailer, designed for carrying persons or property and for being drawn
Ordinance No. 999-9-90 - Page 4
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.
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.
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.
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.
Traffic engineer means the director of community development or his
authorized representative.
Traffic division means the traffic division of the police department of
the city.
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.
Truck tractor means every motor vehicle designed and used primarily
for the transportation of property.
(b) All other words used in this chapter shall have the meanings assigned
to them by the state vehicle laws or their ordinary and commonly accepted
meanings as set forth in Webster's New International Dictionary (Unabridged) and
other dictionaries of recognized standing.
Ordinance No. 999-9-90 - Page 5
Sec. 9-6. Approved Abbreviations.
(a) 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."
(b) In all cases where the word is abbreviated, it shall be understood
to mean the same as though fully written out.
SECTION II: That from and after the effective date of this Ordinance, Ordinance
No. 259, as previously amended, and particularly Article XI, Division 1, Sections 1-72 and 1-73
thereof, and Chapter 9, "Motor and Vehicles and Traffic," Article XI, "Stopping, Standing and
Parking Generally," Division 1, "Generally," Sections 9-227 and 9-228, of the Allen Code of
Ordinances be amended to now read as follows:
Sec. 9-227. 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
I
Ordinance No. 999-9-90 - Page 6
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
of a ton or less, passenger vans, and any type of disabled person's vehicle or trailer
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.
Sec. 9-228. 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 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.
SECTION III: That from and after the effective date of this Ordinance, Section 1-76,
Division 2, Article XI, Chapter 9, of Ordinance No. 259, as previously amended, and Section
9-242, Division 2, Article XI, Chapter 9, of the Allen Code of Ordinances is hereby repealed.
Ordinance No. 999-9-90 - Page 7
SECTION IV: Any person violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to
iexceed Two Hundred Dollars ($200.00).
SECTION V: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence or section of this Ordinance shall be declared unconstitutional or
invalid by any judgment or decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence,
paragraph or section of this Ordinance; and the City Council hereby declares it would have
passed the remaining portions even though it had known the affected parts would be held
unconstitutional.
SECTION VI: This Ordinance shall become effective on January 1, 1991.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THIS THE 6TH DAY OF SEPTEMBER, 1990.
?t� J e Farmer, Mayor
ATTEST:
� � r
r.
Ju 17Morrihon, City Secretary
APPROVED AS TO FORM:
A. Don Cr w er, ity Attorney
Ordinance No. 999-9-90 - Page 8
It
Dear Resident:
On September 6, 1990, the Allen City Council passed an Ordinance
that forbids storage of certain vehicles on City streets. The Council
instructed the City Staff to notify residents of future violations before
the ordinance takes effect on January 1, 1991. Based upon our initial
inspection the following type of vehicle was seen at this
address
El
Mobil Home / R . V .
El
Farm Tractor.
El
Horse/cattle trailer.
El
Truck (larger than 314
Boat and Trailer.
Bus.
Trailer.
11
ton capacity) .
Service Vehicle.
Other.
The ordinance prohibits the storage of this vehicle on streets or
alleys. Parking of these vehicles on private property is allowed.
No citations (tickets) will be written until after January 1, 1991.
However, we are asking for your cooperation in finding an alternate
place to store this vehicle before January 1.
If you would like to see a copy of the ordinance, please contact my
office at 727-0110. A copy will be mailed to you.
ery
Jon 1.
City
erm
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Public Hearing for Parking
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
k2doesday, August 1, 1990
and which was issued on August 1, 1990
_
by City of Allen i of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
f
SUBSCRIBED AND SWORN to before me this B day of A.D. 19 90
"4;..
V.A. TODD
MY COMMISSION EXPIRES
? t . Dumber 5,1992
Publisher's fee $ 13 . 5 0
I
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
424 Legal Notices
T
CITY OF ALLEN
NOTICE OF PUBLIC HEARING,
Notice is hereby given that the Allen City
Council will conduct a public hearing at
l
their regular meeting to be held'on Thurs-1
day, August 2, 1990, at, 7:30 p.m. in the
Council Chambers of the Allen Municipal
Annex; One Butler Circle, Allen', -Texas, to
'consider a proposed ordinance restricting
parking of boats and recreational vehicles
on City streets in residential areas and pro-
viding certain restrictions on parking of var-
ious vehicles in zoning districts other than
residential.
Anyone wishing,to speak either FOR or
AGAINST this ordinance is invit@d to at-
tend this public hearing and voice their
opinion.
For further, information, contact the City
Manager's Office, City of Allen, One Butler -
Circle, Allen, Texas, or by telephoning J
727-0111. ' 1: 1
`/s/Judy Morrison
,City Secretary'
Y'^
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Ordinance #999-9-90
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
_Sunday December 23,___1990 & Wednesday December 26, 1990
and which was issued on December 23, 1990
by I City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publicatipn\is attached hereto.
c
SUBSCRIBED AND SWORN to before me this A- day o ,A.D. 199
Y.A. TODD
MY C041MICStON EXPIRES
` Decembw 5, 1992 -- --
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 6 2 . 5n __
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at,
their regular meeting held on Thursday,
September 6, 1990 (Title and Penalty.
Clause only):
ORDINANCE NO. 999-9-90: An Ordi_1
nance of the -City of Allen, Collin County;
Texas, Amending Chapter 9, Article I, Sec, I
tions 9-2, "Definitions," and Section 9-6;
"Approved Abbreviations", and Article I, i
Sections 1-2, of the Allen Vehicle and
,Traffic Code, Ordinance 259, as Previ-'
ously Amended, 'of the City of Allen, Texas,-
by
exas;by Adding New Definitions Thereto;
Amending Chapter 9, Article IX, Division 1; i
Section 9-227, "Commercial Vehicles-,
Generally," and •9-228, "Same --With Ca-.
pacity of More Than One and One -Half
(Tons in Certain 'Districts," of the Allen
Code of Ordlnances, and Article XI, Divi, i
,sion 1, Sections 1-72 and 1-73 of the of the
Allen Vehicle and Traffib-Code, Ordinance
259, as Previously Amended, of the City of.,
Allen, Texas, Restricting the Parking or
Standing of Various Vehicles in Resident,
,tial Districts, Restricting the Parking or,
Standing of Various Vehicles in other Dis=
'tricts from 30 Minutes After Sunset Until 30
Minute Before Sunrise, and Prohibiting the
Stopping, Standing or Parking of any Vehi-
cle in Specified Places; Repealing Section,
9-242, "Parking for More Than 24 Hours,''
Division 2, Article IX, Chapter. 9, of the AI=I
len Code of Ordinances and Sections 1-76;
Division 2, Article XI, of the Allen Vehicle)
and Traffic Code, Ordinance 259, as Previ-
ously Amended, of the City of Allen, Texas; `
Providing Penalty Clauses, Severability
Clauses and an Effective Date.
r Any person violating any of the provisions
of this Ordinance shall be deemed guilty of
Ia misdemeanor, and upon conviction
thereof shall be fined in any sum not to
Iexceed Two Hundred Dollars ($200.00).
A Copy of this ordinance may be read or,
purchased in the office of the City Secre=+
tary, City of Allen, One Butler Circle, Allen; I
Texas 75002.
I/s/Judy Morrison
,City Secretary_ -J