It shall be the duty of the chief of police, with such aid as
may be rendered by other members of the police department, if any,
to enforce the street traffic regulations of the city and all of the
state vehicle laws applicable to street traffic in this city, to make
arrests for traffic violations, to investigate accidents and to carry
out those duties especially imposed upon him by this chapter and by
other ordinances of this city.
(1987 Code, ch. 9, sec. 2A; 2004
Code, sec. 12.201)
It shall be the duty of the chief of police, assisted by other
members of the police department, if any, to investigate traffic accidents,
and to arrest and to assist in the prosecution of those persons charged
with violation of law causing or contributing to such accident.
(1987 Code, ch. 9, sec. 2B; 2004
Code, sec. 12.202)
Whenever the accidents at any particular location become numerous,
the chief of police shall cooperate with the city council in conducting
studies of such accidents and determining remedial measures and have
power to effect changes.
(1987 Code, ch. 9, sec. 2C; 2004
Code, sec. 12.203)
(a) The chief of police shall maintain a suitable system of filing traffic
accident reports. Such reports shall be available for the use and
information of the city council.
(b) The chief of police shall receive and file all accident reports made
to him under state law or under any ordinances of this city, but all
such reports of traffic accidents made by drivers or police officers
shall be for the confidential use of the police department and the
city council, and no such report shall be admissible in any civil
or criminal proceeding other than on the request of the person making
such report or upon request of the court having jurisdiction and then
only to prove compliance with the laws requiring the making of any
such report.
(1987 Code, ch. 9, sec. 2D; 2004
Code, sec. 12.204)
The chief of police shall annually prepare a traffic report
covering the calendar year, which shall be filed with the city council.
Such report shall contain information on traffic matters as follows:
(1) The number of persons killed, the number of persons injured, and
other pertinent traffic data.
(2) The number of traffic accidents investigated and other pertinent
data on the safety activities of the police department.
(3) The plans and recommendations of the chief of police for future traffic
safety activities.
(1987 Code, ch. 9, sec. 2E; 2004
Code, sec. 12.205)
(a) In accordance with provisions of Texas Transportation Code section
721.005, those city vehicles used for the purposes of performing official
duties and that are eligible for exemption are hereby exempted from
bearing the inscription generally required of municipal vehicles by
section 721.004.
(b) The person holding the position of chief of police with the city
is hereby authorized to determine which eligible city-owned vehicles
shall bear no inscription as provided by this section.
(Ordinance 798 adopted 7/12/05; 2004 Code, sec. 12.206)
(a) It shall be the duty of the chief of police, or such officers as
are assigned by the chief of police, to enforce all street traffic
laws of this city and all state vehicle laws applicable to street
traffic in this city.
(b) The chief of police, 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; provided that, in the
event of a fire or other emergency or to expedite traffic or to safeguard
pedestrians, officers of the police or fire departments may direct
traffic as conditions may require notwithstanding provisions of the
traffic laws.
(1987 Code, ch. 9, sec. 3A; 2004
Code, sec. 12.301)
It is a misdemeanor for any person to do any act forbidden by
or fail to perform any acts required in this chapter.
(1987 Code, ch. 9, sec. 3B; 2004
Code, sec. 12.302)
No person shall willfully fail or refuse to comply with any
lawful order or direction of a police officer of the city.
(1987 Code, ch. 9, sec. 3C; 2004
Code, sec. 12.303)
Every person propelling any pushcart or riding an 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 a vehicle, except those provisions of this chapter which by their
very nature can have no application.
(1987 Code, ch. 9, sec. 3D; 2004
Code, sec. 12.304)
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 in this chapter or by state statutes.
(1987 Code, ch. 9, sec. 3F; 2004
Code, sec. 12.306)
(a) The provisions of this chapter regulating the operation, parking
and standing of vehicles shall apply to authorized emergency vehicles
as defined in this chapter except as follows: A driver when operating
any such vehicle in an emergency, 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) Exceed the speed limit so long as he does not endanger life or property.
(4) Disregard regulations governing direction of movement or turning
in specified directions as long as he does not endanger life or property.
(b) Those exceptions hereinbefore granted in reference to the movement
of an authorized emergency vehicle shall apply only when the driver
of said 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.
(c) The foregoing exemptions shall not, however, protect the driver of
any such vehicle from the consequences of his reckless disregard for
the safety of others.
(1987 Code, ch. 9, sec. 3G; 2004
Code, sec. 12.307)
Whenever any person is arrested for violation of any provision
of this chapter, except as otherwise provided by state law, the arresting
officer shall take the violator’s name, address, make of car
and the registration or license number of said motor vehicle involved,
and issue to such violator, in writing, on a form provided by the
city, a notice to answer the charge against him within not more than
ten (10) days, during the hours and at the place specified in the
notice. The officer shall thereupon have the violator give his written
promise to appear or answer as specified in this notice, and upon
securing such written promise shall release such violator from custody.
(1987 Code, ch. 9, sec. 18A; 2004
Code, sec. 12.1801)
It shall be unlawful for any person upon being arrested by a
police officer of the city for any violation of this chapter or any
other law to give such arresting officer as his name any other than
his correct and true name.
(1987 Code, ch. 9, sec. 18B; 2004
Code, sec. 12.1802)
It shall be unlawful for any person, upon being arrested by
a police officer of the city for any violation of this chapter or
any other law, to give such arresting officer as his address any other
than his true and correct address.
(1987 Code, ch. 9, sec. 18C; 2004
Code, sec. 12.1803)
(a) Any person willfully violating his written promise to appear in court,
given as provided in this chapter, is guilty of a misdemeanor regardless
of the disposition of the charge upon which he was originally arrested.
(b) The failure of a driver or owner of a vehicle to appear as directed
by a notice to appear placed upon a vehicle shall be a misdemeanor.
(c) Proof that the vehicle was unlawfully parked or stopped or had been
used in violation of a provision of this chapter and that the notice
to appear was placed thereon shall constitute prima facie evidence
that the owner failed to appear.
(1987 Code, ch. 9, sec. 18D; 2004
Code, sec. 12.1804)
All fines and forfeitures collected upon conviction or upon
forfeiture of bail of any person charged with a violation of any of
the provisions of this chapter shall be paid to the city manager or
his/her designee and shall be deposited in the general fund.
(1987 Code, ch. 9, sec. 18E; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 12.1805)
Any police officer is authorized to arrest without warrant any
person found committing a violation of any provision of this chapter.
(1987 Code, ch. 9, sec. 18F; 2004
Code, sec. 12.1806)
The judge of the municipal court shall designate the fine to
be paid for the first, second and subsequent offenses, which may be
satisfied by payment of the same to the clerk of the municipal court,
provided said fines are within the limits established as penalties
for violations of the provisions of this chapter.
(1987 Code, ch. 9, sec. 18G; 2004
Code, sec. 12.1807)
(a) Any person who has received any notice to appear in answer to a traffic
charge under this chapter may, within the time specified in the notice,
appear before the judge of the municipal court for a disposition of
the charges against him or he may appear at the city hall before the
clerk of the municipal court and answer the charges set forth in such
notice by paying a prescribed fine, and, in writing, pleading guilty
to the charge, waiving a hearing in court and giving power of attorney
to the person in charge of the bureau to make such a plea and pay
such a fine in court.
(b) Any person who has been guilty of three (3) or more traffic violations,
except as otherwise provided in this chapter, within the preceding
twelve (12) months shall not be permitted to pay a fine to the clerk
of the municipal court, and he must make statutory bail for appearance
in court.
(1987 Code, ch. 9, sec. 18I; 2004
Code, sec. 12.1809)