For the purpose of regulating traffic on the streets, alleys,
and thoroughfares of the city, there is hereby adopted the Uniform
Act Regulating Traffic on Highways, being article 6701d, Vernon’s
Annotated Civil Statutes, and all other state motor vehicle laws,
which act and laws, together with the provisions contained in this
chapter, shall be controlling in the regulation of traffic in the
city. A violation of said act or any state motor vehicle law for which
the municipal court has jurisdiction shall constitute and be punishable
as a violation of this Code of Ordinances.
Editor’s note–Since adoption of this
provision, the regulations contained in the Uniform Act Regulating
Traffic on Highways (V.T.C.S., article 6701d) have been recodified
and are now located in V.T.C.A., Transportation Code.
(2001 Code, sec. 70.01)
All words and phrases in this chapter shall have the same meanings
and definitions ascribed to them in the Uniform Act Regulating Traffic
on Highways, being article 6701d, Vernon’s Annotated Civil Statutes,
or any other state motor vehicle law or city ordinance as may be provided.
In addition, the following words and phrases, when used in this chapter,
shall, for the purpose of this chapter, have the meanings respectively
ascribed to them in this section:
A public thoroughfare that ordinarily affords only a second
means of access to abutting property.
Vehicles of the fire department and such ambulances and emergency
vehicles of municipal departments or public service corporations as
are designated or authorized by the chief of police.
The territory contiguous to and including a roadway when,
within any six hundred (600) feet along 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.
That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the street measured from the curbs, or, in the absence of
curbs, from the edges of the traversable roadway. The word “crosswalk”
also means any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other markings
on the surface.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
Every person who drives or is in actual physical control
of a vehicle.
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight.
The area embraced within the prolongation or connection of
the lateral curblines, or, if none, then the lateral boundary lines,
of the roadways of two (2) streets which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different streets joining at any other angle may come in conflict.
Where a street includes two (2) roadways thirty (30) feet or more
apart, then every crossing of each roadway of such divided street
by an intersecting street shall be regarded as a separate intersection.
In the event such intersecting street also includes two (2) roadways
thirty (30) feet or more apart, then every crossing of such two (2)
roadways shall be regarded as a separate intersection.
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
Every highway, street or roadway in respect to which owners
or occupants of abutting property or lands and other persons have
no legal right of access to or from the same except at such points
only and in such manner as may be determined by the public authority
having jurisdiction over such highway, street or roadway.
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.
Every vehicle that is self-propelled and every vehicle that
is propelled by electric power obtained from overhead trolley wires,
but not operated upon rails.
Whenever certain hours are named herein, the [they shall
mean] standard time or daylight savings time as may be in current
use in the city.
All signs, signals, and markings placed or erected by authority
of a public body or official having jurisdiction for the purpose of
regulating, warning, or guiding traffic.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading.
A place adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of passengers.
Any person afoot.
Every officer of the city police department, or an officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
Every way or place in private ownership and use for vehicular
travel by the owner and those having express or implied permission
from the owner but not other persons.
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
The territory contiguous to and including a street or highway
not comprising a business district when the property on such street
or 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.
The privilege of the immediate use of the roadway.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel. In the event a highway includes
two (2) or more separate roadways, the term “roadway”
shall refer to any such roadway separately but not to all such roadways
collectively.
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.
The entire width between the boundary lines publicly maintained
when any part thereof is open for the use of the public for purposes
of vehicular travel.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances, either singly or together, using any street
for purposes of travel.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop or to proceed.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.
(2001 Code, sec. 70.02)
It shall be the duty of the chief of police to conduct analysis
of traffic accidents and to devise remedial measures, to conduct investigations
of traffic conditions and to cooperate with other city officials in
the development of ways and means to improve traffic conditions, [on]
city streets (not state-maintained highways), and to carry out the
additional powers and duties imposed by this chapter and other traffic
ordinances upon approval of city council.
(2001 Code, sec. 70.03)
It shall be the duty of the officers of the police department
or such officers as are assigned by the chief of police to enforce
all street traffic laws of this city and all of the state vehicle
laws applicable to street traffic in this city.
(2001 Code, sec. 70.04)
Officers of the police department or such officers as are assigned
by the chief of police are hereby authorized to direct all traffic
by voice, hand, or signal in conformance with traffic laws. In the
event of fire or other emergency or to expedite traffic or to safeguard
pedestrians, officers of the police department may direct traffic
as conditions may require notwithstanding the provisions of the traffic
laws.
(2001 Code, sec. 70.05)
Officers of the fire department, when at the scene of a fire,
may direct or assist the police in directing traffic at the fire scene
or in the immediate vicinity.
(2001 Code, sec. 70.06)
No person shall willfully fail or refuse to comply with any
lawful order or direction of a police officer or fire department official
given to direct or control traffic as authorized in this chapter.
(2001 Code, sec. 70.07)
No person operating a motor vehicle upon a public street, alley,
or other place subject to the traffic jurisdiction and laws of the
city shall flee from or seek to evade a police officer, after having
received an indication from such officer, either by the blinking or
flashing of red lights, the sounding of a siren or whistle, motioning
by the officer or any other plain and unmistakable indication that
the officer is attempting to stop such person.
(2001 Code, sec. 70.08)
It shall be unlawful for any person to operate any vehicle on
any street, alley or other public way in the city unless such vehicle
is equipped in accordance with all state laws governing vehicles,
or to fail to use such equipment as required by such laws, or to use
any equipment contrary to such laws.
(2001 Code, sec. 70.09)
No person shall ride on any vehicle upon any portion thereof
not designated or intended for the use of passengers. This provision
shall not apply to any employee engaged in the necessary discharge
of a duty or to persons riding within truck bodies in space intended
for merchandise.
(2001 Code, sec. 70.10)
A person operating a motorcycle or motor scooter shall not ride
other than upon the permanent and regular seat attached thereto or
carry any other person, nor shall any other person ride upon such
motorcycle or motor scooter other than upon a firmly attached seat
to the rear or side of the operator.
(2001 Code, sec. 70.11)
No person shall board or alight from any vehicle while such
vehicle is in motion.
(2001 Code, sec. 70.12)
No person riding upon any bicycle, motor scooter, motorcycle,
coaster, sled, roller skates, or any toy vehicle shall attach the
same or himself to any moving vehicle upon any roadway.
(2001 Code, sec. 70.13)
No person upon roller skates, or riding in or by means of any
coaster, skateboard, toy vehicle, or similar device, shall go upon
any roadway except while crossing a street on a crosswalk, and when
so crossing such person shall be granted all of the rights and shall
be subject to all of the duties applicable to pedestrians.
(2001 Code, sec. 70.14)
(a)
No person shall throw or deposit upon any street or alley any glass
bottle, glass, nails, tacks, wire, cans, or any other substance likely
to injure any person, animal, or vehicle upon such street or alley.
(b)
Any person who drops or permits to be dropped or thrown upon any
street or alley any destructive or injurious material shall immediately
remove the same or cause it to be removed.
(c)
Any person removing a wrecked or damaged vehicle from any street
or alley shall remove any glass or other injurious substance dropped
upon such street or alley from the vehicle.
(2001 Code, sec. 70.15)
(a)
The driver of a vehicle involved in an accident resulting in injury
to or death of any person, or property damage to an apparent extent
of twenty-five dollars ($25.00) or more, shall immediately, by the
quickest means of communication, either verbal or written, give notice
of such accident to the police department, if such accident occurs
within the city.
(b)
The police department shall receive and properly file all accident
reports made to it under state law or under this section, but all
such accident reports made by drivers shall be for the confidential
use of the police department, and no such report shall be admissible
in any civil or criminal proceedings other than upon request of the
person making such report or upon request of the court having jurisdiction
to prove compliance with the law requiring the making of such report.
(c)
The police department shall maintain a suitable system of filing
traffic accident reports. Accident reports or cards referring to them
shall be filed alphabetically by location.
(d)
Such reports shall be available for the use and information of the
chief of police.
(2001 Code, sec. 70.16)
(a)
It shall be the duty of the police department to investigate traffic
accidents and to arrest and to assist in the prosecution of those
persons charged with violations of law causing or contributing to
such accidents.
(b)
Whenever the accidents at any particular location become numerous,
the police department shall conduct a study of such accidents and
determine remedial measures that should be taken.
(2001 Code, sec. 70.17)
Every person propelling any pushcart or riding any animal upon
a roadway, and every person driving any animal-drawn vehicle, shall
be subject to the provisions of this chapter applicable to the driver
of any vehicle, except those provisions which, by their very nature,
can have no application.
(2001 Code, sec. 70.18)
The provisions of this chapter shall apply to the driver of
any vehicle owned by or used in the service of the United States government,
or this state, county or city, and it shall be unlawful for any such
driver to violate any of the provisions of this chapter, except as
otherwise permitted herein or by state statute.
(2001 Code, sec. 70.19)
(a)
The provisions of this chapter regulating the operation, parking
and standing of vehicles shall apply to authorized emergency vehicles,
except that a driver, when operating any such vehicle in an emergency
or in the immediate pursuit of an actual or suspected violator of
the law, except when otherwise directed by a police officer, may:
(1)
Park or stand notwithstanding the provisions of this chapter.
(2)
Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation.
(3)
Disregard regulations governing direction of movement or turning
in specified directions so long as he does not endanger life or property.
(b)
The exemptions granted above shall apply only when the driver of
the vehicle sounds a siren, bell or exhaust whistle as may be reasonably
necessary, and the vehicle displays a lighted red lamp visible from
the front as a warning to others.
(2001 Code, sec. 70.20)
It shall be unlawful for any person, when giving a written promise
to appear, or when given a written notice by any police officer to
appear before the corporation court to answer for an offense against
any traffic law of this state or any provision of this chapter or
other traffic ordinance of the city, to give an assumed or fictitious
name of a false place of residence or address, or any other than the
true name and the true place of his residence or address, upon the
request of such officer.
(2001 Code, sec. 70.21)
The police department shall maintain a suitable record of all
traffic accidents, arrests, convictions and complaints reported for
each driver, which shall be filed alphabetically under the name of
the driver concerned. Such reports shall accumulate during at least
a five-year period, and from that time on such records shall be maintained
complete for at least the most recent five-year period.
(2001 Code, sec. 70.22)
(a)
The police department and the judge of the municipal court shall
keep a record of all violations of this chapter and other traffic
ordinances of the city and of the state vehicle laws of which any
person has been charged, together with a record of the final disposition
of all such alleged offenses. Such record shall be so maintained as
to show all types of violations and the total of each. Such record
shall accumulate during at least a five-year period, and from that
time on the record shall be maintained complete for at least the most
recent five-year period.
(b)
All forms for records of traffic violations and notices of violations
shall be serially numbered. For each month and year, a written record
shall be kept, available to the public, showing the disposal of all
such forms.
(c)
All such records shall be public records.
(2001 Code, sec. 70.23)
No minor who has passed his fourteenth birthday but has not
reached his seventeenth birthday may plead guilty to any offense described
in this chapter except in open court before the judge. No such minor
shall be convicted of such an offense or fined as provided in this
code except in the presence of one or both parents or guardians having
legal custody of the minor. The court shall cause one or both parents
or guardians to be summoned to appear in court and shall require one
or both of them to be present during all proceedings in the case.
However, the court may waive the requirement of the presence of parents
or guardians in any case in which, after diligent effort, the court
is unable to locate them or to compel their presence.
(2001 Code, sec. 70.24)
