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HomeMy WebLinkAbout61 01-26-1957ORDINANCE NO. 61 AN ORDINANCE RELATING TO AND REGULATING THE TRAFFIC AND THE USE OF THE PUBLIC STREETS, HIGHWAYS, ROAD- WAYS AND SIDEWALKS OF THE CITY OF EULESS, TEXAS, BY MOTOR A1 4D OTHER VEHICLES OF ALL KINDS, AND PED- ESTRIANS; ESTABLISHING A SPEED LIMIT FOR ALL STREETS WITHIN THE SAID CITY, AS WELL AS A SPEED LIMIT IN SCHOOL ZONES SITUATED THEREIN; PROVIDING REGULATIONS FOR THE LOCATION OF BOULEVARD STOP SIGNS AND S'T'OPPING AT THE SAME; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF SAID REGULATIONS SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL BE FINED IN A SUM NOT IN EXCESS OF TWO HUNDRED ($200.00) DOLLARS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SAVING CLAUSE; AND FURTHER PROVIDING THAT SUCH ORDINANCE SIiALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS PROVIDED BY LAW. W1JEREAS, Article 6701d of.the Revised Civil Statutes of 1925, as amended, being a uniform act requiring traffic on the highways of the State of Texas, and Article 827a of the Penal Code of the State of Texas, further regulating the speed of vehicles on the highways of said State, provided that all cities, towns and villages may adopt such regulations not inconsistent with the aforementioned statutes; and, WHEREAS, the present regulations heretofore adopted by the City of Euless governing traffic in said. City are inadequate and there are conditions existing in said City endangering the life, health and safety of the vublic and there exists a public necessity for the immediate preservation of public health and safety; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEX11S: I. DEFINITIONS Whenever in this ordinance ttie followv. -i_ng terms are used, they siaall have the meanings respectively ascribed to them in this section. POLICE DEPARTMENT - The Police Department of the City of Euless, Texas, acting directly, or through its duly aut`zorized officers or agents. PERSONS - Every natural person, firm, copartnership, association or corporation. DRIVER - Every person who drives or is in actual physical con- trol of a vehicle, l OWNER - A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event of a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this ordinance. STREET OR HIGHWAY -- Every way or place of whatever nature open to the use of the public, as a matter of right, for purposes of vehi- cular travel. PRIVATE ROAD OR DRIVEWAY H Every road or driveway not open to the use of the public for purposes of vehicular travel. ROADWAY - That portion of a street between the curb lines and adjacent property lines, INTERSECTION -- The area embraced within the _prolongation or connection of the lateral curb lines, or, if none, then of the lateral boundary lines whether or not one such street or highway crosses the other. CROSSWALK - That portion of a roadway ordinarily ineluded within the prolongation or connection of curb and uroperty lines at intersections, or any other portion of a roadway clearly indicated for pedestrians crossing by .lines or other markings on the surface. Any portion of a roadway at any intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surfaces. SAFETY ZONES - The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected, or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (a) BUSINESS DISTRICT The territory contiguous to and including a roadway when within any six hundred (600) feet a "Long such roadway there are buildings in use for business or industrial purposes which occupy three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the roadway. (b) RESIDENCE DISTRICT - The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business. VEHICLE - Every device in, upon or is or may be transported or drawn upon a moved by human power. - 2 by which any person or property public highway, except devices I MOTOR VEIIICLE -- Every vehicle as herein defined, which is self t prorelled. MOTORCYCLE -- Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor. AUTHORIZED EMERGENCY VEIiICLES - Vehicles of the fire department (fire patrol), police vehicles, public and private ambulances for which permits have been issued by the State Board of Ilealth, and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city. RIGHT OF WAY The privilege of the immediate use of the street or highway. OFFICIAL TRAFFIC SIGNS All signs, markings and. devices other than signals, not inconsistent with this ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning or regulating traffic. TRAFFIC CONTROL SIGNAL - Any device, whether manually, electri- cally or mechanically operated, by which traffic is alternately directed to stop and proceed. R'AILR'OAD SIGN OT SIGNAL � Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. TRAFFIC r Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances, either singly or together while using any highway for purposes of travel, PARKING -• The standing of a vehicle, whether occupied or not, upon a roadway, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading, or in obedience to traffic signs or signals. POLICE OFFICER H Every officer of the City of Euless Police Department or any other officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. CITY H The word "City" shall mean City of Euless, Texas. II. CHIEF OF POLICE TO DIRECT TRAFFIC It shall be the duty of the Police Department of the City to " 3 enforce the provisions of this ordinance. Officers of the Police Department are hereby authorized to direct all traffic either in person or by means of visible or audible signals in conformance with the pro, visions of this ordinance, provided that in the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the Police Dedartment and Fire Department may direct traffic, as con. ditions may require, notwithstanding the provisions of this ordinance. III. CHIEF OF POLICE AUTHORIZED TO ADOPT EMERGENCY REGULATIONS The Chief of Police is hereby empowered to make and enforce regulations necessary to make effective the provisions of this ordinance and to make and enforce temporary regulations to cover emergencies or special conditions. IV. OBEDIENCE TO CHIEF OF POLICE It shall be unlawful for any person to wilfully refuse to or fail to comply with any lawful order, signal or direction of any police officer invested by law with authority to direct, control or regulate traffic. V. PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS The provisions of this ordinance shall apply to the driver of any vehicle owned by or used in the service of the United States Government, any State, County, City, Tmwn or Village, and it shall be unlawful for any said driver to violate any of the provisions of this ordinance, except as otherwise permitted herein or in the uniform traffic act of the State of Texas, VI. EXEMPTIONS TO AUTHORIZED EMERGENCY VEHICLES A. Tb.e provisions of this ordinance regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles as defined in this ordinance while the driver of such vehicle is operating the same in an emergency in the necessary performance of public duties. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others. B. The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal, or any stop signs, shall slow down as necessary for safety but may proceed cautiousY ly past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal. C. No driver of any authorized emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law. VII. TRAFFIC SIGNS The Chief of Police is hereby authorized, and as to all traffic signs and signals required hereunder, it shall be his duty to place and maintain or cause to be placed and maintained, all such official traffic signs and signals at whatever points and places he may deem necessary for the protection of the general public, providing that such signs and signals are uniform and location thereof is not contrary to the provisions of the Uniform Traffic Codd of the State of Texas. VIII. DISPLAY OF UNAUTHORIZED SIGNS AND SIGNALS PROHIBITED It shall be unlawful for any person to ?lace or maintain or to display upon or in view of any street and unofficial traffic sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal, or which attempts to direct the move- ment of traffic, or w', 'iich hides from view or interferes with the effectiveness of any official sign or signal. The Chief of Police or any officer under his direction, is hereby empowered to remove every such -prohibited sign, signal or device, or cause it to be removed, without notice, IX. CHIEF OF POLICE AUTHORIZED TO DESIGNATE CROSSWALKS A. The Chief of Police is hereby authorized to establish and to designate and shall thereafter maintain, or cause to be maintained, by appropriate devices, marks or lin es upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary. B. All pedestrians shall strictly comply with the directions of any official traffic control signal and are prohibited from crossing any roadway in a business district or any designated highways where crosswalks have been installed. X. INTERFERENCE WITH SIGNS It shall be unlawful for any person to willfully deface, injure, move, obstruct or interfere with any official sign or signal. XI, CHIEF OF POLICE AUTHORIZED TO DESIGNATE SAFETY ZONES AND LANES FOR TRAFFIC -- 5 -- A. The Chief of Police is hereby empowered to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. B. The Chief of Police is also authorized to .slake lanes for traffic on street pavements at such Places as lie may deem advisable,, consistent with the provisions of this ordinance, XII. STOP BEFORE ENTERING A THROUGH STREET A. The driver of any vehicle on the streets or thoroughfares of the City of Euless shall bring thevehicle that he or she is driving to a full and complete stop when approaching the intersection of any street or thoroughfare where a stop sign, signal or other device has been placed indicating that said vehicle should stop before passing over the curb line of such intersecting street or other thoroughfare and that such full and complete stop shall be made within fifteen (15) feet of the nearest side of the street or thoroughfare being approached. B. It shall be unlawful for any person, except a member of the Police Department or someone acting under the direction of the Chief of Police, to place any stop sign or signal of any kind upon streets, alleys or thoroughfares of the City of Euless, and the Chief of Police shall be authorized to designate the location of such stop signs, signals, or devices at boulevard intersections. XIII. STOPPING PROtIIBITED IN SPECIFIC PLACES It shall be unlawful for the driver of a vehicle to stop, stand or park such vehicle in any of the following places, except when nec. essary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control signs or signal: A. Within an intersection. B. On a crosswalk. C. In any safety zone as officially Police or by any person under his direction. D. Within twenty --five (25) feet from lines, or, if none, then within fifteen (15) of property lines at an intersection, except E. Within thirty (30) feet upon the beacon, stop sign or traffic control signal the roadway. marked by the Chief of the intersection of curb feet of the intersection at alleys., approach to a flashing located at the side of F. Within fifteen (15) feet of the driveway entrance to any fire station. G. Within any area designated and marked as a "No Parking" area, with official "No Parking" signs or other markings as may be installed or made by the Chief of Police or any person under his direction, in front of any theatre or large buildings where public entertainment and meetings are held. H. Within fifteen (15) feet of a fire hydrant. I1 In front of a private driveway. J. On a sidewalk. - 6 K. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. L. On the roadway side of any vehicle stopped or parked at the edge of curb of a street. M. It shall be unlawful for any driver to park a vehicle whthin an alley. N. At any place where official traffic signs have been erected prohibiting standing and parking. XIV. STANDING FOR LOADING OR UNLOADING ONLY IN CERTAIN PLACES. A. The Chief of Police shall have authority to determine the location of passenger zones and loading zones and shall erect and main- tain, or cause to be maintained, appropriate signs indicating the same. B. It siaall be unlawful for the driver of a vehicle for a period to stop, stand or park said vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers in any place marked as a passenger zone* C. It shall be unlawful for the driver of a vehicle to stop, stand or park said vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers, or for the un- loading and delivery or pickup and loading of materials, in any place marked as a loading zone. In no case shall the stop for loading and unloading of materials exceed fifteen (15) minutes. XV. PARKING PROHIBITED IN CERTAIN PLACES A. It shall be unlawful for any d.river to stop, stand or park any vehicle upon a street in such a manner or under such conditions as to leave available "less than ten (10) feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signs of a -police officer. B. It shall be unlawful for any driver or owner to park any vehicles or permit the same to be parked, stand or remain adjacent to any parkway, neutral strip or subway approach situated or being in any roadway. C. It shall be unlawful for any driver or owner to park any vehicle or permit the same to be parked, stand, or remain on the road way of any bridge, viaduct or subway, or the roadway of the approach to any bridge, viaduct or subway. XVI. ALL NIGHT PARKING PROHIBITED It shall be unlawful for the driver of any vehicle to park said vehicle on any paved street for a period of time longer than thirty (30) minutes between the hours of 2: 00 A. M. and 6: 00 g. M. of any day. 7 H XVII. STANDING OR PARKING CLOSE TO CURB Except when necessary in obedience to traffic regulations or traffic signs or signals, the driver o)f any vehicle shall not stop, stand or park any vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of traffic, and with the curbside wheels of they vehicle within eighteen (18) inches of the edge of the roadway, except where streets have been marked for angle or head,in parking., XVIII. OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES Upon the approach of any authorized emergency vehicle or vehicles giving audible signal by bell, siren or exhaust whistle, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position until_ the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by a police officer. XIX . FOLLOWING FIRE APPARATUS PROHIBITED It shall be unlawful for on official business, to follow any fire apparatus traveling in into or stop any vehicle within has stopped in answer to a fire the driver of any vehicle, other than a closer than five hundred (500) feet to response to a fire alarm, or to drive the block where the fire apparatus alarm, X:x . CROSSING FIRE HOSE No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire, without consent of the Fire Marshal or Fire Department official in command. XXI. UNLAWFUL TO DRIVER TI.T.ROUGiI PROCESSION UNLESS DIRECTED BY TRAFFIC CONTROL SIGNALS OR BY POLICE OFFICER. It shall be unlawful for the driver of any vehicle to drive between the vehicles comprising a funeral or between other authorized processions while they are in motion, provided that said vehicles are conspicuously so designated. That provision shall not apply to inter- section where traffic is controlled by traffic control signals or police officers. H 8 — XXII, EMERGING FROM ALLEY OR PRIVATE DRIVEWAY The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway. XXIII. CLINGING TO MOVING VEHICLES It shall be unlawful for any person traveling upon any bicycles, motorcycle., coaster, sled, roller skates, or any toy vehicle to cling to or to attach himself or his vehicle to any other moving vehicle upon any roadway. XXIV. TURNING AT INTERSECTIONS The driver of a vehicle intending to turn at an intersection shall do so as follows, unless a different method of turning is directed by buttons, markers or signs at intersections, in which event turns shall be made in accordance with the directions of such markers, buttons or signs: A. Approach for a right turn shall be made in the lane for traffic nearest to the right -hand side of the roadway and right —.hand curb or edge of the roadway. B. Approach for left turn shall be made in the lane for traffic to the right of and nearest to the center line of the roadway, and the left turn shall be made by passing to the right of such center line where it enters the intersection and upon leaving the intersection by passing to the right of the center line of the roadway then entered. XXV. SPEED LIMIT A. It shall be unlawful for any person or persons to run, drive direct or permit the running or driving of any motor -- driven vehicle, in, upon, along or across any public highway, street,, alley or thorough fare in the business, commercial or residential districts within the corporate limits of the City of Euless at a greater rate of speed than thirty (30) miles per .hour; it shall be unlawful for any person or persons to run, drive or permit the running or driving of any vehicle, in, upon or along any of the highways, roads or streets of the City designated as school safety zones, and as marked by signs erected on the said roads, streets and highways, during the school season and between the hours of 7:30 A. M. and 4 :30 P. M. at a greater rate of speed than twenty (20) miles per hour. 9 B. The above subsection shall not apply to emergency vehicles as is herein defined when responding to emergency calls. C. nothing in this provision shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal or device direct" ingthe movement of traffic. D. The driver of any vehicle passing a school building or the grounds thereof during school recess or while children are going to or leaving school during the opening or closing hours, shall bring said vehicle to a full and complete stop where signs have been erected ins dicating the proximity of a school or school grounds, and the Chief of Police is hereby authorized to erect and maintain signs in conformity with this section. XXVI . PROHIBITING THE USE OF A SIREN EXCEPT BY A POLICE OFFICER OR PERSONS OPERATING A FIRE TRUCK OR AMBULANCE. It shall be unlawful for anyone except a police officer,, or one operating a fire truck or ambulance, to use a siren on such vehicle provided those who are permitted to use a siren, shall be required to use the same, when an emergency call is being made. No siren shall be used, except an electric driven siren of a shrill piercing tone capable of being heard several blocks in advance of a moving vehicle. XXVII. REPORTS A. Any person in charge of a garage or repair shop situated within the City of Euless, to which is brought any motor ver:iicle Which shows efidence of having been involved in an accident, or struck by any bullet, shall report the same to the Police Department within twenty -four (24) hours after such motor vehicle is received, giving the engine number, registration number and name and address of the owner of such vehicle. B. Any person, driver of a vehicle involved in any accident, shall file with the Police Department of the City of Euless a report of such accident, giving full details thereof and such repo?. -t shall be for the confidential use of the Police Department and be subject to the provisions of Section 117 of the Uniform Traffic Code of the State of Texas.. XXVIII. OFFENSE BY PERSONS 01"I ING OR CONTROJ_.LING VEHICLES A. It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or know- ingly to permit the operation of such vehicles upon a .highway in any manner contrary to law. 10 r B. Whenever any person is arrested for any violation of this Ordinance punishable as a misdemeanor, the arrested person shall be immediately taken before a magistrate within the County in which the offense charged is alleged-to have been committed and who has ,juris- diction of such offense and is nearest or most accessible with reference to the place where said arrest is made, in any of the following cases: 1. When a person arrested demands an immediate appearance before a magistrate. 2. When the person is arrested upon a charge of negligent homicide. 3. When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs. LF. When the person is arrested upon a charge of failure to stop in the event of an accident, causing death, personal injuries, or damage to property. 5. In any other event whenthe person arrested refuses to give his written promises to appear in court as here- inafter provided. C. Whenever a person is arrested for any violation of this ordinance punishable as a misdemeanor, and such person.is not imme- diately taken before a magistrate as hereinbefore required, the arrest- ing officer shall prepare in duplicate written notice to appear in court containing the name and address of such person, the license number of his vehicle, if any, the offense charged, and the time and place when and where such person shall appear in court. Provided, however, that the offense of speeding shall be the only offense making mandatory the issuance of a written notice to appear in court, and only then if the arrested person gives his written promise to appear in court, by signing in duplicate the written notice prepared by the arresting officer; and provided further that it shall not be mandatory for an officer to give a written notice to appear in court to any person arrested for the offense of speeding when such 'Person is operating a vehicle licensed in a state or county other than the State of Texas or who is a resident of a State or county other than the State of Texas. D. The time specified in said notice to appear must be at least fifteen (15) days after such arrest unless the person arrested shall demand an earlier hearing. E. The place specified in said notice to appear must be before a magistrate within the City or County in which the offense charged is alleged to have been committed and who has ,jurisdiction of such offense. F. The arrested person in order to secure release as 'Provided in this section, must give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of said notice shall be retained by said officer and the copy thereof delivered to the person arrested. Thereupon, said officer shall forthwith release the person arrested, from custody. - 11 - E. S I f G. Any person willfully violating his written promise to appear in court, given as provided in this section, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. H. A written promise to appear in court may be complied with by any appearance by counsel. I. The foregoing provisions of this Section shall govern all police officers in making arrests without a warrant for violations of this Ordinance, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest of a person for an offense of like grade. J. Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office. XXIX. PENALTY OF ORDINANCE Any person who shall violate any of the provisions of this ordinance or any rule orregulation made by the Chief of Police pursuant thereto shall be guilty of a misdemeanor, and, upon conviction thereofF, shall be fined not to exceed two hundred dollars ($200.00). XXX. EFFECT OF ORDINANCE If any section, subsection, sentence, clause or phrase of this ordinance is for any reason .held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this or- dinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof;, even if it had known that any one or more sections, subsections, sentences, clauses or phrases would be declared unconstitutional. XXXI. ORDINANCES RELATING TO VEHICLES FOR HIDE Nothing in this ordinance shall affect or repeal in any way any ordinance now or hereafter enacted, relating to the operation of jitneys, motor busses, cabs or ot.Y_Oer vehicles using the streets of the City of Euless for hire and ordinances relating to such are hereby intended and declared to remain in full force and effect. XXXII. PURPOSE .. TRAFFIC CODE The purpose of this traffic code is declared to be a police regulation designed and intended for the preservation of the public peace, health and. safety of a rapidly expanding population. -+ 12 1. � A C XXXIII. REPEAT.. OF ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed, XXXIV. EFFECTIVE DATE This ordinance shall become effective and be in full force and effect from and after the date of its adoption and publication as by law provided. ADOPTED this �� day of , A. D. 1957. 13 ,-,