HomeMy WebLinkAbout1136 04-26-1994ORDINANCE NO. 1136
AN ORDINANCE AMENDING CHAPTER 70 "STREETS AND
SIDEWALKS" OF THE CODE OF ORDINANCES, CITY OF
EULESS, TEXAS, AS AMENDED, BY THE ADDITION
THERETO OF A NEW ARTICLE III "SOLICITATION';
PROVIDING CERTAIN DEFINITIONS; RESTRICTING AND
PROHIBITING ROADSIDE SOLICITATIONS AT CERTAIN
LOCATIONS; PROVIDING FOR A FINE OF UP TO $500.00
FOR EACH OFFENSE IN VIOLATION OF THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SAVING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, is charged with regulating the conduct of
persons in or about the public streets of the City for the safety and general welfare
of the residents of the City and persons travelling upon said streets; and
WHEREAS, problems have been identified with persons attempting to solicit
rides, employment, business or charitable contributions from the occupants of
motor vehicles on certain city streets; and
WHEREAS, the City Council of the City of Euless finds that this practice is
unsafe for both the person engaging in the solicitation and for persons travelling the
roadways in motor vehicles; and
WHEREAS, the activity of soliciting rides, business, employment or charitable
contributions from the occupants of motor vehicles constitutes an impediment to
the orderly and safe flow of traffic on certain streets hereinafter identified in the
City of Euless, Texas; and
WHEREAS, the interests of the City in maintaining the orderly and safe flow of
traffic on the streets identified herein is found by the City Council of the City of
Euless, Texas to be a significant governmental interest; and
WHEREAS, the City Council finds that the regulations contained in this
ordinance are narrowly tailored to avoid the disruptive nature of roadside
solicitation while preserving the right of individuals to communicate ideas in
absence of solicitation activities, and
WHEREAS, the City Council of the City of Euless, Texas, finds that the
regulations imposed hereby are necessary police power regulations for the
protection of the health, safety and general welfare of the citizens of the City of
Euless, of roadside solicitors and of motorists travelling the roadways of the City of
Euless, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
ORDINANCE NO. i t m) PAGE I
I.
That Chapter 70 "STREETS AND SIDEWALKS" of the Code of Ordinances of
the City of Euless, Texas, as amended, be hereby amended by the addition thereto
of a new Article III 'SOLICITATION ", which article shall hereafter be and read as
follows:
ARTICLE III
SOLICITATION
Section 70-80 Definitions
The following words and terms when used in this Article shall have the
following meanings:
Street or highway shall mean the entire width between the right —of —way lines
of every way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel.
Roadway shall mean that portion of the public street which is improved,
designed or ordinarily used for vehicular travel, exclusive of the curb, berm or
shoulder. In the event that a public street includes two (2) or more separate
roadways, 'roadway" means each roadway separately.
Sidewalk shall mean that improved surface which is between the curblines, or
the lateral lines of a roadway, and the adjacent property lines, and is improved
and designed for or is ordinarily used for pedestrian travel.
Median shall mean that area or portion of a divided street, road or highway
within the City separating the two (2) roadways of said street, road or highway
and shall be held to include the curb, if any, at the outer edge of said area.
Curb shall mean the lateral lines of a roadway, whether constructed above
grade or not, which are not intended for vehicular travel.
Shoulder shall mean the portion of a highway that is:
a. Contiguous to the highway;
b. Designed or ordinarily used for parking;
C. Set off from the roadway by different design, construction or
marking; and
d. Not intended for normal vehicular travel.
Improved shoulder shall mean a paved shoulder.
ORDINANCE NO. 1136 PAGE 2
Public right -of -way shall mean:
a. That real property owned by the City, County, State or Federal
Government or owned by a non - governmental entity or person,
which property is dedicated to public use;
b. Including but not limited to sidewalks, medians, curbs, shoulders,
improved shoulders, roadways, walkways, paths and any other area
so owned, dedicated, used or reserved for public use:
C. Which is used or reserved for public use, including but not limited to
use by vehicles, pedestrians and public utilities; and
d. That is in the area extending from the right and left of the center
line of a public street, roadway or highway to the nearest property
line which marks the juncture of private property and public
right -of -way.
Section 70-81 Prohibited Acts
A. A person commits an offense if he or she stands on or in any manner
occupies a shoulder, improved shoulder, sidewalk, median or public
right -of -way in the areas set out in Section 70 -82 to solicit or attempt to
solicit a ride, employment or business or charitable contributions from
the occupants of any vehicle, other than a lawfully parked vehicle.
B. A person commits an offense if he or she stands on or in any manner
occupies the shoulder, improved shoulder, sidewalk, median or public
right -of -way in the areas set out in Section 70 -82 for the purpose of
selling or offering for sale any product, property or service to the
occupant of any vehicle, other than a lawfully parked vehicle.
C. It is an exception to Subsections A and B that the person engages in such
conduct with another pedestrian.
D. This section does not relieve responsibility for compliance with
V.A.T.C.S. Article 6701d, Section 81, Pedestrians on Roadways.
E. This section does not relieve any person, firm or corporation from
responsibility for compliance with any licensing, permitting or inspection
provisions applicable to that person, firm or corporation or the business
carried out by such person, firm or corporation, and contained elsewhere
in this Code of Ordinances.
Section 70-82 Prohibited Areas
No person shall engage in the acts set forth in Section 70 -81A and B at any
time;
(a) Within 1000 feet (measured to and from the nearest corner of the
intersecting street, highway or roadway measured along the curb,
ORDINANCE NO. i c, PAGE 3
shoulder, improved shoulder or public right —of —way line of the following
intersections:
South Industrial Blvd. (FM 157) at West Euless Blvd.
North Industrial Blvd. (FM 157) at the North Service Road of
Airport Freeway
North Industrial Blvd. (FM157) at the South Service Road of Airport
Freeway
and any portion of any exit ramp or entrance ramp within the aforesaid
designated 1000 feet.
(b) Within 500 feet (measured to and from the nearest corner of the
intersecting street, highway or roadway measured along the curb,
shoulder, improved shoulder or public right —of —way line of the following
intersections:
North Industrial Blvd. (FM 157) at Trojan Trail
North Industrial Blvd. (FM 157) at Midway Drive
North Industrial Blvd. (FM 157) at Harwood Road
North Industrial Blvd. (FM 157) at Glade Road
North Euless Main Street at West Euless Blvd.
North Euless Main Street at the North Service Road of Airport
Freeway
North Euless Main Street at the South Service Road of Airport
Freeway
North Euless Main Street at Midway Drive
North Euless Main Street at Harwood Road
North Euless Main Street at Mid — Cities Blvd.
North Euless Main Street at Bear Creek Parkway
Fuller —Wiser Road at Harwood Road
Fuller —Wiser Road at Ash Lane
West Euless Blvd. (S.H. 10) at Vine Street
West Euless Blvd. (S.H. 10) at Ector Drive
West Euless Blvd. (S.H. 10) at Wilshire Drive
West Euless Blvd. (S.H. 10) at Westpark Way
ORDINANCE NO. 1136 PAGE 4
West Euless Blvd. (S.H. 10) at Raider Drive
Westpark Way at the South Service Road of Airport Freeway
Ector Drive at the South Service Road of Airport Freeway
Ector Drive at the North Service Road of Airport Freeway.
Section 70-83 Penalty for Violation
Any person, firm, corporation, agent or employee thereof who violates any of
the provisions of this ordinance shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined as provided in Section 1 -12 "GENERAL
PENALTY" of this Code of Ordinances.
II.
Any person, firm, corporation, agent or employee thereof who violates any of
the provisions of this ordinance shall be guilty of a misdemeanor and, upon
conviction, thereof, shall be fined in an amount not to exceed $500.00 for each
offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
III.
Severability Clause. That 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, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
IV.
Any violation of this ordinance may be enjoined by a suit filed in the name of
the City of Euless in a court of competent jurisdiction, and this remedy shall be in
addition to any penal provisions in this ordinance or in the Code of Ordinances of
the City of Euless.
V.
Saving Clause. That Chapter 70 and the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
ORDINANCE NO. 11,36 PAGE 5
VI.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 26th day of April 1994; by a vote
of 7 ayes, 0 nays and o abstentions.
APPROVED:
11A CCA C JCY - -Z6k
Mary LiN Saleh, Mayor
ATTEST:
usan Crim, MC, City Secretary
APP VVED AS TO FORM:
O �
ob Farlan ,City Aitorney
502mlib/bh/041994
ORDINANCE NO. 1136 PAGE 6