It is the purpose of this division to provide regulations for
the lawful and proper operation of motor vehicles in the city, to
prohibit loud and disturbing noises in the city, to prevent nuisances,
and to protect the health, safety and welfare of the general public.
(Ordinance 091012-2, sec. 3, adopted 10/12/09)
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Also known as a light utility vehicle, four-wheeler, a quad
bike, or simply a quad, as defined by the American National Standards
Institute; is a vehicle that travels on low-pressure tires, with a
seat that is straddled by the operator, along with handlebars for
steering control.
A motor vehicle designed by the manufacturer primarily for
use on a golf course.
A self-propelled vehicle. The term “motor vehicle”
includes authorized emergency vehicle, bus, farm tractor, implement
of husbandry, light truck, moped, motorcycle, motor-driven cycle,
multifunction school activity bus, passenger car, police vehicle,
road tractor, school activity bus, school bus, special mobile equipment,
truck, truck tractor, and vehicle, as those terms are defined in chapter
541, Texas Transportation Code, as amended. The term “motor
vehicle” includes off-road motor vehicles, all-terrain motor
vehicles, and any similar licensed or non-licensed motor vehicle that
is designed to have when propelled two or more wheels on the ground.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agent or representative
of an individual, association, partnership or corporation.
Any property that is not public property.
All contiguous land and any fixed or moveable object on such
land, under common ownership, irrespective of leasehold or other interest.
Has the meaning given that term in chapter 541, Texas Transportation
Code.
A motor vehicle that is not a golf cart or lawn mower and
is equipped with side-by-side seating for use of the operator and
passenger, designed to propel itself with at least four tires in contact
with the ground, designed by the manufacturer for off-highway use
only, and designed by the manufacturer primarily for utility work
and not for recreational purposes.
(Ordinance 091012-2, sec. 4, adopted 10/12/09; Ordinance 2021-0412-01, sec. 2, adopted 4/12/21)
Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty in section 1.01.009 of this code. Each and every day of occurrence of the violation of the provisions of this division shall constitute a separate violation.
(Ordinance 091012-2, sec. 11, adopted 10/12/09)
The terms of this division do not apply to the lawful and proper
operation of an authorized emergency vehicle or any motor vehicle
being driven or operated by law enforcement personnel in the performance
of the law enforcement personnel’s duties under applicable law.
(Ordinance 091012-2, sec. 10, adopted 10/12/09)
(a)
Generally.
Enforcement of this division shall be the
responsibility of the chief of police of the city or any police officer.
(b)
Citations.
The city’s police officers shall have
the authority to issue citations for any violation of this division.
(c)
Interference with enforcement.
It is unlawful for a
person to interfere with a city police officer in the performance
of the police officer’s duties under this division.
(Ordinance 091012-2, sec. 5(g)–(i),
adopted 10/12/09)
It shall be unlawful for any person to drive or operate a motor
vehicle in the city, on either public property or on private property,
except as provided in this division and state motor vehicle laws,
and any failure, neglect, or refusal to comply with the provisions
of this division and state motor vehicle laws, or any act or omission
contrary to the terms thereof, shall be deemed a violation thereof.
(Ordinance 091012-2, sec. 5(a),
adopted 10/12/09)
A person commits an offense if he drives or operates a motor
vehicle on or across private property, unless the person has the prior
express permission of the owner of the private property to operate
said motor vehicle on or across the property, or the owner of the
private property has not posted a sign prohibiting the driving or
operation of a motor vehicle on or across the property, and the vehicle
is equipped with a muffler meeting the requirements of state motor
vehicle laws. No parent, guardian, or other adult person shall knowingly
permit a person under the age of seventeen (17) years who is under
the control of such parent, guardian, or adult to violate this division.
(Ordinance 091012-2, sec. 5(b),
adopted 10/12/09)
A person commits an offense if he operates a motor vehicle on
or across vacant real estate located in a residential district, as
defined by the city’s zoning ordinance, and the person is not
the owner of said vacant real estate.
(Ordinance 091012-2, sec. 5(c),
adopted 10/12/09)
A person commits an offense if he parks a motor vehicle on vacant
real estate located in a residential district, as defined by the city’s
zoning ordinance, when the real estate contains a “parking prohibited”
sign.
(Ordinance 091012-2, sec. 5(d),
adopted 10/12/09)
A person commits an offense if he rides upon any portion of
a motor vehicle not designed or intended for the use of passengers,
except in a parade or some other manner that has the prior approval
of the chief of police. This section shall not apply to an employee
engaged in the necessary discharge of a duty of employment or to persons
riding within truck bodies in space intended for merchandise.
(Ordinance 091012-2, sec. 5(e),
adopted 10/12/09)
A person commits an offense if he throws, tosses, discards or
otherwise fails to prevent the discharge from a motor vehicle of any
litter, waste, or refuse, or any firecrackers or other incendiary
devices, on any private property or public property in the city.
(Ordinance 091012-2, sec. 5(f),
adopted 10/12/09)
The person in whose name the motor vehicle is registered shall
be presumed to be the driver of a motor vehicle involved in fleeing
from a police officer when, in violation of this division or state
law, the driver willfully fails to bring his motor vehicle to a stop,
or otherwise flees or attempts to elude a pursuing police vehicle,
after being given a visual or audible signal to stop by a uniformed
officer in an appropriately marked official police vehicle. Proof
may be made by a copy or facsimile of the registration of the vehicle
with the state department of transportation or county motor vehicle
license department or any other licensing agency showing the name
of the person to whom the license plates were issued. This proof shall
constitute prima facie evidence of the fact that the person to whom
the certificate of registration was issued was the driver of the vehicle.
This presumption may be rebutted by competent evidence.
(Ordinance 091012-2, sec. 6, adopted 10/12/09)
(a)
General prohibition.
A person commits an offense if
he makes or causes to be made any loud and disturbing noise, noise
disturbance, or vibration in the city that is offensive to the ordinary
sensibilities of the inhabitants of the city.
(b)
Specific noises prohibited.
The following loud and disturbing
noises, noise disturbances, and vibrations are presumed to be offensive
to the ordinary sensibilities of the inhabitants of the city:
(1)
The sounding of any horn or signal device on any motor vehicle, except
as a danger signal, as required by state law.
(2)
The loud grating, grinding, or rattling noise caused by the use of
any motor vehicle that is out of repair or poorly or improperly loaded.
(3)
The discharge into the open air of the exhaust of any stationary
steam engine, stationary internal combustion engine, or motorboat
engine, except through a muffler or other device that will effectively
and efficiently prevent loud and disturbing noises or vibrations.
(4)
The discharge into the open air of the exhaust from any motor vehicle,
except through a muffler or other device that will effectively and
efficiently prevent loud and disturbing noises or vibrations.
(5)
The operation of sound equipment, including a car stereo, in a motor
vehicle in such a manner that the noise is so audible or causes such
a vibration as to unreasonably disturb the peace, quiet, or comfort
of another person.
(Ordinance 091012-2, secs. 7, 8,
adopted 10/12/09)
No motor vehicle shall be equipped with and no person shall
use upon a vehicle any bell, siren, or compression or exhaust whistle,
except that vehicles operated in the performance of duty by law enforcement
officers, the fire department, and ambulances may attach and use a
bell, siren, or compression or exhaust whistle.
(Ordinance 091012-2, sec. 9, adopted 10/12/09)
(a)
Operators of utility vehicles, all-terrain vehicles or golf carts
must carry a special permit issued by the city police department,
if operated on the streets of the city. The city police department
shall prepare an application form for the special permit and charge
a fee for each permit. Permits shall expire on December 31 of the
calendar year in which they are issued. The city police department
shall design and issue a decal which shall be securely fastened to
the utility vehicle or golf cart on the left rear of the vehicle or
cart and clearly visible.
(b)
Operators of utility vehicles, all-terrain vehicles or golf carts
operated on city streets must be licensed by the state department
of public safety to operate a motor vehicle, or possess a state issued
I.D. card showing them to be at least 16 years of age, and shall carry
liability insurance for either vehicle.
(c)
Utility vehicles, all-terrain vehicles or golf carts operated on
city streets shall have an operational headlight and taillight.
(d)
Operators of utility vehicles, all-terrain vehicles or golf carts
operated on city streets shall follow all applicable traffic laws.
(e)
This section shall not apply to the use of utility vehicles, all-terrain
vehicles or golf carts owned and operated by a governmental entity
for official government use.
(Ordinance 2021-0412-01, sec. 3,
adopted 4/12/21)
