HomeMy WebLinkAbout951 10-27-1987ORDINANCE NO. 951
AN ORDINANCE AMENDING CHAPTER 14, "TRAFFIC ",
OF THE CODE OF ORDINANCES OF THE CITY OF
EULESS, TEXAS, BY THE ADDITION TO ARTICLE VI,
"PEDESTRIANS ", OF A SECTION PROHIBITING THE
USE OF ROADWAYS AND RIGHT -OF -WAYS FOR THE
PURPOSE OF SOLICITING RIDES, CONTRIBUTIONS,
EMPLOYMENT OR BUSINESS, OR FOR DISTRIBUTING
HANDBILLS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATION; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, V.T.C.S. art. 6071d, section 81(c), prohibits
the use of Texas roadways for the purpose of soliciting
rides, contributions, employment or business; and
WHEREAS, complaints have been made to the city about the
solicitation of funds by persons standing and walking in
public streets; and
WHEREAS, the City Council finds that soliciting rides,
contributions, employment or business, or distributing
handbills and similar activities impede traffic and create an
unnecessary hazard both to the persons engaged in such
solicitation and to those drivers who may seek to avoid them
by the distraction of drivers from their primary duty which
is to watch traffic and potential hazards in the road,
observe all traffic control signals or warnings, and prepare
to move through the intersection; and
WHEREAS, there are many alternative means of soliciting
contributions, employment or business and distributing
handbills without utilizing the public streets or
right -of -ways; and
WHEREAS, the City Council finds that this measure is
necessary for the promotion of the health, safety and general
welfare of those within its corporate limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS:
SECTION I
That Chapter 14, "Traffic ", of the Code of Ordinances of
the City of Euless, Texas, is hereby amended by the repeal of
the present section 14 -124 and the replacement of same in its
entirety with a new section 14 -124 in Article VI,
"Pedestrians ", as follows:
Sec. 14 -124 Pedestrians on roadways or rights -of -way.
(a) When sidewalks are provided, it shall be
unlawful for any pedestrian to walk along and upon
an adjacent roadway.
(b) Where sidewalks are not provided, any
pedestrian walking along
when possible walk only
roadway or its shoulder
approach from the opposite
and upon a highway shall
on the left side of the
facing traffic which may
direction.
(c) No person, from or within any roadway or
right -of -way dedicated to the State of Texas, County
of Tarrant or City of Euless, may soliciting rides,
contributions, employment or business from, or
distribute handbills to, the occupant of any vehicle
traveling upon any roadway or right -of -way dedicated
to the State of Texas, County of Tarrant or City of
Euless.
SECTION II
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
unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such 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 unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION III
Penalty for Violation. Any person, firm or corporation
violating any of the terms and provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not to exceed $200.00.
Each such violation shall be deemed a separate offense and
shall be punishable as such hereunder.
IV.
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.
ORDINANCE PROHIBITING THE USE OF ROADWAYS FOR SOLICITING
RIDES, CONTRIBUTIONS, EMPLOYMENT OR BUSINESS
Page 2
ORDINANCE NO. 951, PAGE 2 OF 3
ri
PRESENTED AND GIVEN FIRST READING at a regular meeting of
the Euless City Council on the 13th day of October
1987; by a vote of 4 ayes, 0 nays and 0
abstentions; GIVEN SECOND READING AND APPROVED at a regular
meeting of the Euless City Council on the 27th day
of October 1987; by a vote of 4 ayes, 0 nays
and O abstentions.
ATTEST:
;1)
Kay Rainey, City'j Secretary
APPROVE
Bob McFarland, -City Attorney
(0038a -msl)
APPROVED:
zi"
Harold Samuels, Mayor
ORDINANCE PROHIBITING THE USE OF ROADWAYS
RIDES, CONTRIBUTIONS, EMPLOYMENT OR BUSINESS
Page 3
ORDINANCE NO. 951, PAGE 3 OF 3
FOR SOLICITING