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:
Shall have the meaning ascribed by Texas Transportation Code
section 683.002, as amended. For purposes of this chapter, the term
shall also include motor vehicles left unattended on the right-of-way
of a city street for more than forty-eight (48) hours.
Any street herein defined having no legal or official name
other than “alley” or twenty (20) feet or less in width.
Every motor vehicle designed for carrying ten (10) or more
passengers and used for the transportation of persons, and every motor
vehicle other than a taxicab designed and used for the transportation
of persons for compensation.
A mode of transportation provided by a bus or motor coach
designed to accommodate more than ten (10) passengers, including the
operator, for compensation, and that is powered by a primary propulsion
engine, not including railroad, light rail or taxicabs.
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalk on opposite sides
of the highway measured from the curbs, or in the absence of curbs,
from the edge of the traversable roadway.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other makings on the
surface.
The line adjacent to the edge of the roadway which may be
either raised or lowered, surface marked, or understood.
Parking of a vehicle alongside of a vehicle that is parked
parallel to a curb or behind a vehicle that is angle-parked at a curb
or curbline.
Every person who drives or is in actual physical control
of a vehicle or assumes control of a vehicle.
Any street or part upon which parking either is restricted
or prohibited for the purpose of facilitating the use or passage of
equipment of the fire department or is restricted or prohibited as
an escape route for persons from a public place.
Any liquid which has a flash point of 70 degrees F or less
as determined by a Tagliabue or equivalent closed cup test device.
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except only at such points and in such
a manner as may be determined by the public authority having jurisdiction
over such highway, street or roadway.
Any saddle or harness animal.
The operation of an engine in the operating mode, where the
engine is not engaged in gear, where the engine operates at a speed
at the revolutions per minute specified by the engine or vehicle manufacturer
for when the accelerator is fully released, and there is no load on
the engine.
A wound or injury to any part of the human body which necessitates
treatment.
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 highway includes two (2) roadways thirty (30) feet or
more apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate intersection.
In the event such intersecting highway shall also include two (2)
roadways thirty (30) feet or more apart, then every crossing of two
(2) roadways of such highways shall be regarded as separate intersections.
Boundaries of parking areas, loading zones, safety or danger
zones, or crosswalks, and lines marked for the purpose of excluding
traffic or parking.
Any material which is composed predominantly of any of the
following hydrocarbons or mixtures of them: propane, propylene, butanes
(normal butane or isobutane and butylenes).
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
The use of electrical tools or equipment in construction,
maintenance, or repair of facilities.
A self-propelled vehicle.
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.
Negligence is the want of such care and caution as a person
of ordinary prudence would use under like or similar circumstances.
Negligence shall be prima facie presumed from the fact of collision.
Whenever certain hours are named herein they shall mean Central
Standard Time.
Any person in control of or assuming control of a vehicle.
A person who holds the legal title of a vehicle, or in the
event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions stated in the agreement and with the immediate right
of possession vested in the conditional vendee or lessee or mortgager
[then such conditional vendee or lessee or mortgager] shall be deemed
the owner for the purpose of this chapter.
That portion of a street between the curbline or the lateral
line of a roadway and the adjacent property line.
A regional mode of public transportation that is funded through
a portion of sales tax for such region being served.
Any person afoot.
Every natural person, firm, co-partnership, association,
or corporation.
Every officer of the municipal police department or any officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
A gasoline or diesel fueled internal combustion engine attached
to a motor vehicle that provides the power to propel the motor vehicle
into motion and maintain motion.
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner but not by other persons.
A place where people are assembled or to which people commonly
resort for the purpose of business, amusement, recreation or other
lawful purposes.
Any motor vehicle or trailer designed for temporary or seasonal
dwelling, camping, or recreational purposes. The term shall include
travel trailers, pick-up campers, camping trailers, motor coach homes,
converted trucks, vans, and buses, boats, boat trailers, personal
watercraft, and personal watercraft trailers.
Any platted subdivision zoned or used for any permitted residential
use in the city.
The privilege of the immediate lawful use of the roadway.
That portion of a highway improved, designed or ordinarily
used for vehicular travel. In the event a highway includes two (2)
or more separate roadways, the term “roadway” as used
herein shall refer to any such roadway separately but not to all roadways
collectively.
A highway divided into two (2) roadways by leaving an intervening
space, or by a physical barrier, or by a clearly marked and indicated
dividing section between the two (2) roadways.
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular travel.
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.
Every motor vehicle bearing clearly visible signs with the
words “school bus” in letters not less than eight (8)
inches high, owned by a public or governmental agency and operated
for the transportation of children to and from school or privately
owned and operated for compensation for the transportation of children
to and from school.
Every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that some part of its
weight [or] load rests upon or is carried by another vehicle.
That surfaced portion of a street between either the curbline
or the lateral line of a roadway and the adjacent property line and
intended for the use of the pedestrians.
Shall have the meanings ascribed to them in Texas Transportation
Code section 541.401, as it may be amended.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for the purpose of vehicular travel.
Every street or highway or portion thereof at the entrance
to which vehicular traffic from intersecting streets or highways is
required by law to stop before entering or crossing the same and when
stop signs are erected as provided for in this chapter.
Any street or highway on which traffic is restricted to proceed
in one (1) direction only.
Every tire, the surface of which is in contact with the highway,
and is wholly or partly of metal or other hard, nonresilient material.
Every tire in which compressed air is designed to support
the load.
Every tire of rubber or other resilient material which does
not depend upon compressed air for the support of the load.
Every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines and other implements
of husbandry.
Every motor vehicle designed and used for drawing other vehicles
and not so constructed as to carry any load thereon either independently
or any part of the weight of a vehicle or load so drawn.
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed so as to carry a load other
than a part of the weight of the vehicle and load so drawn.
Pedestrians, ridden or herded animals, vehicles and other
conveyances either singly or together while using any street for the
purpose of travel.
All signs, signals, markings and devices not inconsistent
with this chapter placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning
or guiding traffic.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and proceed.
The traffic section of the police department of the city.
Every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle.
Every vehicle without motive power designed for human habitation
and for carrying persons and property upon its own structure and for
being drawn by a motor vehicle.
Every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a reach
or pole, or by being boomed or otherwise secured to the towing vehicle,
and used ordinarily for the transportation of long or irregular shaped
loads such as poles, pipes or structural members capable, generally,
of sustaining themselves as beams between the supporting connections.
Every motor vehicle designed, used, or maintained primarily
for the transportation of property.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
Vehicles of the police department or fire department and
such ambulances and emergency vehicles as are designated and authorized
by the chief of police of the city.
(1987 Code, ch. 9, sec. 1; Ordinance 897, sec. 1, adopted 11/11/08; 2004 Code, art. 12.100; Ordinance 1145, sec. 3, adopted 6/11/19)
The city council hereby adopts the Texas Uniform Act Regulating
Traffic on Highways, known as article 6701d of the Revised Civil Statutes
of Texas, as passed and amended by the legislature of the state, and
ordains that such act shall be and is hereby in full force and effect
upon all streets, roads, alleys and thoroughfares within the city
limits.
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.
(1987 Code, ch. 9, sec. 19; 2004
Code, art. 12.1900)
If there be a conflict between any of the provisions of this
chapter and the Uniform Act Regulating Traffic on Highways as enacted
by the legislature of the state, or the rules, regulations and requirements
of the Interstate Commerce Commission or the state railroad commission,
relating to the equipping and other safety requirements of vehicles,
motor vehicles, truck-tractors, trucks, buses, trailers, semi-trailers,
or pole trailers, compliance by the owners or operators of such vehicles
with statutes, orders, rules and regulations of the Interstate Commerce
Commission and the state railroad commission shall be deemed in compliance
with this chapter, except that any requirement of this chapter in
addition to, but not in conflict with, said statute or requirement
of the Interstate Commerce Commission or the railroad commission shall
be complied with.
(1987 Code, ch. 9, sec. 20; 2004
Code, art. 12.2000)
No person upon roller skates or riding in or by means of any
coaster, toy vehicle or similar device shall go upon any roadway except
while crossing a street or 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.
(1987 Code, ch. 9, sec. 3E; 2004
Code, sec. 12.305)
