State law relating to the regulation of pedestrian and motor
traffic, codified in the state Transportation Code, together with
the provisions of this chapter, shall govern traffic on the streets
and other public ways in the city.
(1978 Code, sec. 26-1; Ordinance
07-069, sec. 1, adopted 6/19/07)
The following terms, when used in this chapter, shall have the
meanings respectively ascribed to them:
All streets and portions of streets within the area identified
as the central business district on the official zoning map of the
city.
Any mechanical device or meter not inconsistent with this
chapter, placed or erected for the regulation of parking by authority
of this chapter.
Any space within a parking meter zone, adjacent to a parking
meter and which is duly designated for the parking of a single vehicle
by painted lines or marks, or otherwise durably marked on the curb
or on the surface of the street adjacent to or adjoining the parking
meters.
Any restricted street upon which parking meters are installed
and in operation.
(1958 Code, sec. 37-2; 1978 Code,
sec. 26-2; Ordinance 07-069, sec.
2, adopted 6/19/07)
(a)
If any person while driving or operating any vehicle within the corporate limits of the city shall cause, suffer, or permit the same to come into collision with any other vehicle, animal, person, or property in, on, or near any street or highway, such person shall be guilty of a misdemeanor. Proof of a culpable state of mind, as defined in chapter 6 of the Texas Penal Code, is not required to prove an offense under this section.
(b)
Proof of no intent to injure shall not be deemed a defense to a charge
of violating this section.
(c)
The term “negligence,” as used in subsection (a) of this section, is defined to mean the want of care, attention, and caution as a person of ordinary prudence would use under the same or similar circumstances, and shall include but not be limited to the following:
(d)
In any prosecution charging a violation of this section, proof that the driver or operator of a vehicle collided with the rear of another vehicle proceeding in the same direction or with a fixed or stationary object shall constitute in evidence a prima facie presumption that such driver was negligent in the operation of such vehicle; provided, however, that such presumption may be rebutted by the person charged with violating this section with evidence to the contrary; and provided further that the presumption established herein shall have the evidentiary consequences enumerated in chapter 2 of the Texas Penal Code.
(1958 Code, sec. 37-25; Ordinance 76-55, sec. 1, adopted 4/20/76; Ordinance 92-29, sec. 1, adopted 3/24/92; 1978 Code, sec. 26-10)
Whenever and wherever the congestion of traffic, the dimensions
of the streets and sidewalks and the use of property abutting the
streets are such that the director of public works finds it to be
necessary for the free flow and the expeditious handling of traffic
and the safety of persons and property, the director is authorized:
(1)
To designate and maintain crosswalks at intersections by appropriate
devices, marks or lines upon the surface of the roadway.
(2)
To establish safety zones on any of the streets of the city.
(3)
To mark lanes for traffic on the streets of the city.
(4)
To place proper signs, signals, or markings prohibiting the making
of turns at any intersection of streets in the city.
(5)
To place signs, signals or markings within or adjacent to intersections
indicating the course to be traveled by vehicles turning at such intersections.
(6)
To install or cause to be displayed signs, signals or markings for
the direction of traffic near public or private schools, parks and
public buildings.
(7)
To determine the location of passenger zones and freight loading
zones and to place and maintain appropriate signs or markings indicating
the same.
(8)
To designate spaces on the streets of the city for exclusive use
as bus zones and to mark the same with appropriate signs or marks.
(9)
To designate areas on the streets of the city which shall not be
used as spaces for the parking of vehicles and to mark such areas
with the appropriate signs or markings.
(10)
To designate intersections of streets at which drivers operating
vehicles approaching the intersection on one or more of the intersecting
streets must bring such vehicle to a complete stop before proceeding
into such intersection, and to install and maintain appropriate signs
and markings directing such drivers to stop at such intersections.
(11)
To designate intersections of streets at which drivers operating
vehicles approaching the intersection on one or more of the intersecting
streets must reduce the speed of such vehicle, and to install appropriate
signs and markings directing such drivers to reduce the speed of their
vehicles.
(12)
To designate streets and portions of streets on which drivers of
vehicles are prohibited from driving except in one direction and to
designate the direction in which driving is prohibited and that in
which driving is permitted, and to install appropriate signs and markings
designating such one-way streets.
(13)
To designate “truck routes” which shall be followed by
single unit trucks with tandem axles or truck tractor and semitrailer
combinations, in using the streets of the city; provided that no such
vehicle shall be prohibited from using any street for the purpose
of going directly to or from any residential, commercial or industrial
establishment abutting on such street for the purpose of delivering
or picking up materials thereat.
(14)
To determine and allocate parking time limits on streets and portions
of streets and place appropriate signs, markings, or parking meters
giving notice thereof.
(15)
To designate intersections, the crossing of which shall be controlled
by red, green and amber lights and arrows as elsewhere herein provided,
and to determine the type of such lights or traffic-control devices
to be installed at each intersection and to cause the same to be installed.
(16)
To determine and fix the maximum axle loads of all vehicles to be operated over, on, or upon the streets within the city, taking into consideration the width, condition and type of pavement structures, and other circumstances on such street. Such maximum axle load shall become effective and operative on said streets within the city when appropriate signs, giving notice thereof, are erected. It shall be unlawful for any person to drive, operate or move, or for the owner to cause or permit to be driven, operated or moved, upon any of the streets, any vehicle or combination of vehicles which in any respect exceeds the maximum axle loads designated by said signs. Provided, however, that any person desiring to operate or move a vehicle on said streets in excess of the maximum axle loads established shall first obtain a special permit from the director as set out in section 20.01.005 herein, and such permit shall not be issued unless reasonably necessary. Any person moving or causing to be moved a load as set out in said permit shall be liable to the city for any damage done by any such vehicle to the streets, bridges or culverts in the city and the acceptance of the aforesaid permit shall be conclusive evidence that the person to whom such permit is issued agrees to pay all such damages upon demand thereof made by the city.
(17)
To designate areas of the streets of the city to be known as “quiet
zones” in the vicinity of any hospital area with appropriate
signs directing the drivers of vehicles not to sound the horn or other
warning devices while traveling in the areas designated.
(18)
To make regulations necessary to make effective the provisions of
traffic ordinances and to make and enforce temporary or experimental
regulations to cover emergencies or special conditions. No such temporary
or experimental regulations shall remain in effect for more than ninety
(90) days. He may test traffic-control devices under actual conditions
of traffic.
(19)
To determine and designate those heavily traveled streets upon which
shall be prohibited the use of the roadway by motor-driven cycles,
bicycles, horse-drawn vehicles or other nonmotorized traffic and shall
erect appropriate signs giving notice thereof.
(20)
To designate the location and type of signs to be placed upon railroad
property advising persons of the restrictions and prohibitions placed
upon the use of such railroad property by the public generally. The
expense of such signs and the placing thereof shall be borne by the
railroad company owning or controlling the property where such signs
are placed.
(21)
To make such changes as changing conditions may require in any designation,
determination or regulation he is herein authorized to make.
(22)
To designate areas along the streets of the city which shall not
be used for the parking of vehicles and to provide that vehicles parked
in such areas may be removed. Said areas shall be clearly marked so
as to sufficiently notify persons that the area is a “tow away
zone.”
(23)
To designate along the streets of the city, and on any property owned
by the city, areas which shall be used only for parking of vehicles
operated by handicapped persons in accordance with state law.
(24)
To establish “temporary” reduced speed zones, based on
engineering and traffic investigations, along portions of roadways
within the city that are under construction or repair. Such reduced
speed zones will terminate upon completion of the roadway improvements.
(Ordinance 83-03, sec. 3, adopted 1/18/83; Ordinance 03-049, sec. 1, adopted 7/1/03; Ordinance 03-097, sec. 1, adopted 12/9/03; Ordinance 04-022, secs. 1, 2,
adopted 4/6/04; 1978 Code, sec.
26-13; Ordinance 07-069, sec. 6,
adopted 6/19/07)
It shall be unlawful for a person to move an oversize load within
the city without first obtaining a special permit from the city. An
oversize load is defined as a load in excess of eighty thousand (80,000)
pounds total weight, or twenty thousand (20,000) pounds on any axle,
or thirty-four thousand (34,000) pounds on any tandem axle, or more
than eight (8) feet six (6) inches in width, or above fourteen (14)
feet in height, or above sixty-five (65) feet in total length including
the vehicle. Permit requirements are as follows:
(1)
As a prerequisite to the issuance of an oversize load permit, the
applicant shall file either a two hundred thousand dollar ($200,000.00)
surety bond with the public works director or his designee which bond
would protect the city against damages to its property, including
but not limited to streets, curbs, gutters and sidewalks; or, in the
alternative, provide insurance coverage in the minimum amount of two
hundred thousand dollars ($200,000.00) covering damage to the same
properties.
(2)
The oversize load permit must accompany each oversize load and be
available at all times while the load is operating within the city
limits.
(3)
A separate permit shall be required from the state department of
transportation when transporting over state-maintained highways within
the city.
(4)
Permits shall be issued for the following time periods at the following
fees:
|
Time Period
|
Fee
|
|---|---|
|
Single move
|
$50.00
|
|
1 month
|
$150.00
|
|
3 months
|
$250.00
|
|
6 months
|
$350.00
|
|
1 year
|
$500.00
|
(5)
The public works director or his designee is hereby authorized to
promulgate regulations and forms concerning application, times of
operation, escort requirements, notification of utility companies
and other relevant requirements, and may issue permits with specific
requirements related to the load and its proposed route of travel.
(Ordinance 04-022, sec. 3, adopted 4/6/04; 1978 Code, sec. 26-14)
It shall be unlawful for drivers of vehicles with an oversize load or vehicles with three (3) or more axles to travel within the central business district of the city except for deliveries and pickups made in accordance with a permit for same issued under section 20.01.005.
(1958 Code, sec. 37-26; 1978 Code,
sec. 26-5; Ordinance 07-069, sec.
3, adopted 6/19/07)
(a)
It is an offense for a person to operate a motor vehicle without
financial responsibility established for that vehicle.
(b)
Acting under a policy established by the police chief, a police officer
is authorized to order the towing and impounding of a vehicle that
is not insured or otherwise covered for financial responsibility in
accordance with state law.
(Ordinance 09-027, sec. 1, adopted 5/19/09)
