(a) Generally.
The public record, which shall be called
the traffic register, shall contain a record of every specific location
in the city where any traffic-control device, marking or special regulation
is made applicable. The council finds that the conditions prerequisite
to the establishment of all special traffic regulations prescribed
by this article and under Ordinance No. 74-10-01-E and the installation
of all traffic-control devices, signs, signals and markings currently
in existence shall be evidenced by the record thereof in the traffic
register, and that same do exist, and such findings are hereby confirmed
and such regulations shall continue in operation until modified as
provided in this article. The traffic register shall be continuously
maintained by the public works director as provided in this article
and all persons shall be charged with notice of the contents of the
same.
(b) Recording of traffic regulations established by city council.
Whenever the council shall by ordinance or resolution make any
special regulations of traffic applicable to a specific location,
the record of such location shall be dated, authenticated and placed
in the traffic register by the public works director.
(c) Recording of traffic regulations established administratively.
Whenever the city manager shall approve, in writing, and shall
file with the public works director any written determination, designation,
finding or conclusion of the public works director, pursuant to the
authority granted in this article, the same shall become a record
of the specific location at which a traffic-control device, marking
or special regulation of traffic is hereby made applicable, and the
same shall be dated, authenticated and placed in the traffic register
by the public works director.
(d) Deletions.
Whenever any special regulation of traffic
becomes expressly not applicable to a specific location in the city,
the record of such location shall remain in the traffic register,
but shall be prominently marked “Deleted” by the public
works director, who shall note the date of such deletion and the authority
therefor.
(Ordinance 96-05-20-3, secs. 1.1–1.4, adopted 5/20/96; Ordinance adopting Code)
Whenever and wherever the congestion of traffic, the frequency
of passage of vehicles and pedestrians, or both, the direction and
volume of the flow of traffic, the dimensions and conditions of the
streets and sidewalks, and the use of property abutting the streets
are such that the public works director finds it necessary for the
free flow and the expeditious handling of traffic and the safety of
persons and property, the public works director, in compliance with
this article, is authorized as follows:
(1) To designate and maintain crosswalks.
(2) To establish safety zones on any of the streets of the city.
(3) To mark lanes for traffic and parking stalls on the streets of the
city.
(4) To designate the locations at which the making of right, left or
complete turns at any intersection of streets in the city is prohibited.
(5) To designate the course to be traveled by vehicles turning at or
near certain intersections.
(6) To designate routes directing traffic near parks and public buildings.
(7) To designate areas on the streets of the city which shall not be
used as spaces for the parking of vehicles.
(8) 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.
(9) To designate intersections of streets at which drivers operating
vehicles on one or more of the intersecting streets shall yield the
right-of-way to any pedestrian legally crossing the designated roadway
and to any vehicle in the intersection or approaching the intersection
on another intersecting street so closely as to constitute an immediate
hazard.
(10) Special provisions for streets where trucks are prohibited. To designate
the routes which shall or shall not be followed by single-unit trucks
with tandem axles or truck-tractor and semitrailer combinations, in
using the streets of the city, provided:
(A) It shall be a complete defense to prosecution that a truck is on
a street or part of a street upon which such vehicles are prohibited
if the vehicle was on the street or part of the street for the purpose
of going directly to or from a residence or commercial establishment
on that street for the purpose of delivery or pickup of material and
the driver possessed proof of the same.
(B) It shall be a complete defense to prosecution that a vehicle is not
owned or being used as a truck but is a vehicle owned or being used
for private purposes.
(C) It shall be a complete defense to prosecution that the vehicle is
owned by a public or private utility or the vehicle is engaged in
the business of transporting people, or the vehicle is parked at owner’s
or lessee’s residence or place of business, or the vehicle is
the property of a governmental entity.
(D) Streets or parts of streets designated under this provision shall
be marked in accordance with the Texas Manual on Uniform Traffic Control
Devices.
(11) To make such changes as changing conditions may require in any designation,
determination or regulation he is authorized to make under this section.
(Ordinance 96-05-20-3, sec. 1.5, adopted 5/20/96; Ordinance adopting Code)
(a) The public works director shall cause to be placed and maintained
all official traffic-control devices in accordance with the Manual
on Uniform Traffic Control Devices for Streets and Highways, 1971
edition, as published by the Federal Highway Administration, except
where such manual is in conflict with state law. It shall be unlawful
for any person to violate the regulation imposed by any lawfully posted
traffic-control device, whether or not posted in accordance with such
manual.
(b) Proof of the fact that any traffic-control device, sign, signal,
or marking was actually in place at any location in the city shall
constitute prima facie evidence that the same was installed under
the authority of law.
(c) It shall be a complete defense to prosecution that a person violating
the regulation imposed by any lawfully posted traffic-control device
was otherwise directed by a traffic or police officer.
(d) It shall be a complete defense to prosecution that a person violating
the regulation imposed by any lawfully posted traffic-control device
was operating an authorized emergency vehicle and was subject to the
exceptions specified in subtitle C, Rules of the Road, of title 7
of the Texas Transportation Code, as amended.
(e) All traffic-control devices including signs, signals and markings
(pavement and/or curb) installed or used for the purpose of directing
and controlling traffic within the town shall conform with the manual
and specifications adopted by the state transportation commission
as provided in V.T.C.A., Transportation Code, section 544.001. All
signs, signals and markings erected or used by the town must conform
to the manual and specifications adopted under V.T.C.A., Transportation
Code, section 544.001. All existing traffic-control devices and those
erected in the future by the town being consistent with the manual
and specifications, state law and this section shall be official traffic-control
devices.
(Ordinance 96-05-20-3, sec. 1.6, adopted 5/20/96; Ordinance adopting Code)
All provisions of the laws of the state relating to obedience,
stop signs, yield signs, commercial vehicles excluded signs, no through
truck signs, and traffic signals on public streets and highways shall
be the law applicable in the city upon the same subjects, and it shall
be unlawful for any person to violate the regulation imposed by any
lawfully posted traffic-control device.
(Ordinance 96-05-20-3, sec. 2, adopted 5/20/96)
Any person who violates the regulation imposed by any lawfully
posted traffic-control device as provided herein shall be deemed guilty
of a misdemeanor and shall be fined not more than the maximum fine
permitted under state law for failing to comply with an applicable
official traffic-control device. It shall not be necessary for the
complaint to allege or for proof to be made that the act was knowingly
done, nor shall it be necessary for the complaint to negative any
exception contained in this article.
(Ordinance 96-05-20-3, sec. 3, adopted 5/20/96)