The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A public thoroughfare which ordinarily affords only a second
means of access to abutting property.
Any U.S. or state numbered route, controlled-access highway,
or other major radial or circumferential street or highway designated
by the city as part of a major arterial system of streets or highways.
Vehicles of the fire department (fire patrol), police vehicles,
public and private ambulances for which permits have been issued by
the state board of health, emergency vehicles of municipal departments
or public service corporations as are designated or authorized by
the city council, private vehicles operated by volunteer firemen or
certified emergency medical services employees or volunteers while
answering a fire alarm or responding to a medical emergency, and vehicles
operated by blood banks or tissue banks, accredited or approved under
the laws of this state or the United States, while making emergency
deliveries of blood, drugs or medicines, or organs.
Every device propelled by human power upon which any person
may ride, having two (2) tandem wheels either of which is more than
fourteen (14) inches in diameter.
Every motor vehicle designed for carrying more than ten (10)
passengers and used for the transportation of persons; and every motor
vehicle, other than taxicabs, designed and used for the transportation
of persons for compensation.
The territory contiguous to and including a highway when,
within any six hundred (600) feet along such highway, there are buildings
in use for business or industrial purposes which occupy at least three
hundred (300) feet of frontage on one (1) side or three hundred (300)
feet collectively on both sides of the highway.
Every vehicle designed, maintained or used primarily for
the transportation of property.
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 at such points only and in such
manner as may be determined by the public authority having jurisdiction
over such highway, street or roadway.
That part of a roadway at any intersection included within
the connection of the lateral lines of the sidewalks on opposite sides
of the highway, measured from the curbs, or, in the absence of curbs,
from the edges of the traversable roadway. The word “crosswalk”
also includes 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.
“Daytime” means from one-half hour before sunrise
to one-half hour after sunset and “nighttime” means at
any other hour.
Any operation in which any motor vehicle, trailer or semitrailer,
singly or in combination, new or used, constitutes the commodity being
transported, when one (1) set or more of wheels of any such vehicle
are on the roadway during the course of the transportation, whether
or not any such vehicle furnishes the motive power.
Any motor vehicle engine modification to control or cause
the reduction of substances emitted from motor vehicles or motor vehicle
engines beginning with the model year 1968, which system is installed
or incorporated in any motor or motor vehicle engine in compliance
with the requirements imposed by or under authority of the (United
States) Motor Vehicle Air Pollution Control Act, Public Law 89-272,
42 U.S.C. 1857 et seq., or other applicable law.
Any chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which
contains any oxidizing and combustive units or other ingredients in
such proportions, quantities, or packing that an ignition by fire,
by friction, by concussion, by percussion, or by detonator of any
part of the compound or mixture may cause such a sudden generation
of highly heated gases that the resultant gaseous pressures are capable
of producing destructible effects on contiguous objects or of destroying
life or limb.
Every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements
of husbandry.
Any liquid which has a flash point of seventy (70) degrees
Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup
test device.
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight.
The weight of a vehicle without load plus the weight of any
load thereon.
A trailer or semitrailer:
Which is designed, constructed and equipped as a dwelling place,
living abode or sleeping place (either permanently or temporarily)
and is equipped for use as a conveyance on streets and highways; or
Whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection (1), but which is used instead permanently or temporarily for the advertising, sale, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
Every vehicle designed and adapted for use as a farm implement,
machinery or tool as used in tilling the soil, but shall not include
any passenger car or truck.
A paved shoulder.
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) highways 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 two (2) roadways
of such streets shall be regarded as a separate intersection. The
junction of an alley with a street or highway shall not constitute
an intersection.
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
Any truck with a manufacturer’s rated carrying capacity
not to exceed two thousand (2,000) pounds, and is intended to include
those trucks commonly known as pickup trucks, panel delivery trucks
and carry-all trucks.
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 tire the surface of which in contact with the highway
is wholly or partly of metal or other hard nonresiliant material.
A motor-driven cycle where speed attainable in one (1) mile
is not more than thirty (30) miles per hour and that is equipped with
a motor that produces not more than two-brake horsepower. If an internal
combustion engine is used, the piston displacement may not exceed
fifty (50) cc and the power drive system may not require the operator
to shift gears.
Every motor vehicle having a saddle for the use of the rider
and designed to propel itself with not more than three (3) wheels
in contact with the ground, but excluding a tractor.
Every motorcycle with a motor which has an engine piston
displacement of not more than one hundred twenty-five (125) cc.
Every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from overhead trolley wires,
but not operated upon rails.
A device consisting of a series of chambers or baffle plates
or other mechanical design for the purpose of receiving exhaust gas
from an internal combustion engine and/or turbine wheels for the purpose
of receiving exhaust gas from a diesel engine, both of which are effective
in reducing noise.
The vehicle does not require towing and can be operated under
its own power in its customary manner, without further damage or hazard
to the vehicle, other traffic or the roadway.
All signs, signals, markings, and devices not inconsistent
with law placed or erected by authority of a public body or official
having jurisdiction, for the purpose of regulating, warning or guiding
traffic.
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person, but excludes a lessee under a lease not intended as
security.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading passengers or merchandise.
Every motor vehicle, except motorcycles and motor-driven
cycles, designed for carrying ten (10) passengers or less and used
for the transportation of persons.
Any person afoot.
A wound or injury to any part of the human body which necessitates
treatment.
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 ordinarily used for transporting long or irregularly shaped loads
such as poles, pipes, or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
Any member of the police department of the city authorized
by law to direct or regulate traffic or make arrests for violations
of traffic regulations.
Every tire in which compressed air is designed to support
the load.
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 carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
Any sign, signal, or device erected by authority of a public
body or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train.
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars.
The territory contiguous to and including a street not comprising
a business district, when the property on such street 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 right of one (1) vehicle or pedestrian to proceed in
a lawful manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one (1) grants precedence to the
other.
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.
That portion of a street improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a street 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.
Every motor vehicle that complies with the color and identification
requirements set forth in the most recent edition of standards as
produced and sponsored by the National Commission on Safety Education
of the National Education Association, Washington, D.C., and is being
used to transport children to or from school or in connection with
school activities, but not including buses operated by common carriers
in urban transportation of schoolchildren.
Streets or roads adjacent to any portion of the school grounds
and shall extend in every direction along such streets for a radius
of six hundred (600) feet from the nearest portion of the school premises.
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 and that of its load rests upon or is carried by another vehicle.
The portion of a highway that is:
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
the use of pedestrians.
Every tire of rubber or other resilient material which does
not depend upon compressed air for the support of the load.
Every vehicle not designed or used primarily for the transportation
of persons or property and only incidentally operated or moved over
a highway, including but not limited to ditch-digging apparatus, well-boring
apparatus and road construction and maintenance machinery such as
asphalt spreaders, bituminous mixers, bucket loaders, tractors other
than truck tractors, ditchers, levelling graders, finishing machines,
motor graders, road rollers, scarifiers, earth-moving carry-alls and
scrapers, power shovels and draglines, and self-propelled cranes and
earth-moving equipment. The term does not include house trailers,
dump trucks, truck-mounted transit mixers, cranes or shovels, or other
vehicles designed for the transportation of persons or property to
which machinery has been attached.
The halting of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
When required, means complete cessation from movement.
When prohibited, means any halting, even momentarily, of
a vehicle, whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions of
a police officer or traffic-control sign or signal.
A car other than a railroad train for transporting persons
or property and operated upon rails principally within a municipality.
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 purposes of vehicular travel.
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway in obedience
to a stop sign, yield sign or other official traffic-control device,
when such signs or devices are erected as provided by law.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances, either singly or together, while using any
street for purposes of travel.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and permitted
to proceed.
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.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
The act of turning a vehicle on any public street so as to
proceed in the opposite direction.
Any device in, upon or by which any person or property may
be or is transported upon a highway, except devices moved by human
power or used exclusively upon stationary rails or tracks. The term
shall not include manufactured housing as defined by the Texas Manufactured
Housing Standards Act (V.T.C.A., Occupations Code, chapter 1201).
(1987 Code, sec. 26-1; Ordinance
1420, sec. 1, adopted 3/10/09)
The provisions of this chapter relating to the operation of
vehicles refer exclusively to the operation of vehicles upon highways
except:
(1)
Where a different place is specifically referred to in a given section.
(2)
Where otherwise provided by law.
(1987 Code, sec. 26-2)
It is unlawful for any person to do any act forbidden or fail
to perform any act required in this chapter.
(1987 Code, sec. 26-3)
(a)
No person shall willfully fail or refuse to comply with any lawful
order or direction of a police officer invested by law with authority
to direct, control or regulate traffic.
(b)
No person shall willfully fail or refuse to comply with any lawful
order or direction to stop and yield to pedestrians given by any school
crossing guard while in the performance of his duties in a designated
school crossing zone.
(1987 Code, sec. 26-4)
(a)
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, this
state, or any city, county, town or other political subdivision of
this state, subject to such specific exceptions as are set forth in
this chapter with reference to authorized emergency vehicles.
(b)
Except as otherwise provided by law, unless specifically made applicable,
the provisions of this chapter shall not apply to persons, teams,
motor vehicles and other equipment while actually engaged in work
upon the surface of a highway, but shall apply to such persons and
vehicles when traveling to or from such work.
(1987 Code, sec. 26-5)
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.
(1987 Code, sec. 26-6)
(a)
The driver of an authorized emergency vehicle, when responding to
an emergency call or when in the pursuit of an actual or suspected
violator of the law, or when responding to but not upon returning
from a fire alarm, may exercise the privileges set forth in this section,
but subject to the conditions stated in this section.
(b)
The driver of an authorized emergency vehicle may:
(1)
Park or stand, irrespective of 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 maximum speed limits so long as he does not endanger life
or property;
(4)
Disregard regulations governing direction of movement or turning
in specified directions.
(c)
The exemptions herein granted to an authorized emergency vehicle
will apply only when such vehicle is making use of audible and visual
signals meeting the requirements of law, except that an authorized
emergency vehicle operated as a police vehicle need not be equipped
with or display a red light visible from in front of the vehicle.
The driver of an authorized emergency vehicle that is used for law
enforcement purposes may operate without using the emergency warning
devices required by this subsection only when the driver is responding
to an emergency call or when he is in pursuit of a suspected violator
of the law and he has probable cause to believe that:
(1)
Knowledge of his presence will cause the suspect to destroy or lose
evidence of a suspected felony;
(2)
Knowledge of his presence will cause the suspect to cease a suspected
continuing felony before the driver has acquired sufficient evidence
to establish grounds for arrest;
(3)
Knowledge of his presence will cause the suspect to evade apprehension
or identification of the suspect or his vehicle; or
(4)
Traffic conditions on a multi-laned roadway are such that movements
of motorists in response to the emergency warning devices may increase
the potential for a collision or may unreasonably extend the duration
of the pursuit.
(d)
The driver of an authorized emergency vehicle that is used for law
enforcement purposes may not operate without using the emergency warning
devices as provided above unless he has first notified a designated
office of his intention to operate without such devices. The designated
office to which such notification is made shall keep an accurate record
of the exact time notification is received.
(e)
The foregoing provisions shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety
of all persons, nor shall such provisions protect the driver from
the consequences of his reckless disregard for the safety of others.
(1987 Code, sec. 26-7)
Nothing in this chapter shall be construed to prevent the owner
of real property used by the public for purposes of vehicular travel
by permission of the owner and not as matter of right from prohibiting
such use, or from requiring other or different or additional conditions
than those specified in this chapter, or otherwise regulating such
use as may seem best to such owner.
(1987 Code, sec. 26-8)
Every person who commits, attempts to commit, conspires to commit
or aids or abets in the commission of any act declared by this chapter
to be unlawful or a misdemeanor, whether individually or in connection
with one (1) or more other persons or as a principal, agent or accessory,
shall be guilty of such offense; and every person who falsely, fraudulently,
forcibly or willfully induces, causes, coerces, requires, permits
or directs another to violate any provision of this chapter is likewise
guilty of such offense.
(1987 Code, sec. 26-9)
It is unlawful for the owner, or any other person, employing
or otherwise directing the driver of any vehicle to require or knowingly
to permit the operation of such vehicle upon a highway in any manner
contrary to law.
(1987 Code, sec. 26-10)
(a)
Any person willfully violating his written promise to appear in court
shall be guilty of a misdemeanor regardless of the disposition of
the charge upon which he was originally arrested.
(b)
A written promise to appear in court may be complied with by an appearance
by counsel.
(1987 Code, sec. 26-11)
The foregoing provisions of this article shall govern all police
officers in making arrests without a warrant for violations of this
chapter, but the procedure prescribed herein shall not otherwise be
exclusive of any other method prescribed by law for the arrest and
prosecution of a person for an offense of like grade.
(1987 Code, sec. 26-12)
(a)
Any minor who has passed his fourteenth birthday but has not reached
his seventeenth birthday, and who drives or operates an automobile
or any other motor vehicle on any street, alley, public way, overpass
or avenue within the corporate limits of the city in violation of
this chapter, shall, upon conviction, be guilty of a misdemeanor and
shall be punished by a fine of not more than one hundred dollars ($100.00).
No such minor, after conviction or plea of guilty and imposition of
fine, shall be committed to jail in default of payment of the fine
imposed, but the court imposing such fine shall have power to suspend
and take possession of such minor’s driving license and retain
the same until such fine has been paid.
(b)
If any such minor shall drive any motor vehicle upon any street,
alley, public way, overpass or avenue within the corporate limits
of the city without having a valid driver’s license authorizing
such driving, such minor shall be guilty of a misdemeanor and, upon
conviction, shall be fined not more than one hundred dollars ($100.00).
(1987 Code, sec. 26-13)
(a)
When a person is charged with a misdemeanor offense under this chapter, other than a violation of section 12.05.001, committed while operating a motor vehicle, the court:
(1)
In its discretion, may defer proceedings and allow the person ninety
(90) days to present evidence that, subsequent to the alleged act,
the person has successfully completed a defensive driver’s course
approved by the state department of public safety or other driving
safety course approved by the court.
(2)
Shall defer proceedings and allow the person ninety (90) days to
present written evidence that, subsequent to the alleged act, the
person has successfully completed a defensive driver’s course
approved by the state department of public safety or another driving
safety course approved by the court, if:
(A)
The person presents to the court an oral request or written motion
to take a course;
(B)
The person has a valid Texas driver’s license or permit; and
(C)
The person’s driving record as maintained by the state department
of public safety does not indicate successful completion of a driving
safety course under this subsection within the two (2) years immediately
preceding the date of the alleged offense.
(b)
When the person complies with the provisions of subsection (a) of this section and the evidence presented is accepted by the court, the court shall dismiss the charge.
(c)
When a charge is dismissed under this section, the charge may not be part of the person’s driving record or used for any purpose, but the court shall report the fact that a person has successfully completed a driving safety course and the date of completion to the state department of public safety for inclusion in the person’s driving record. The court shall note in its report whether the course was taken under the procedure provided by subsection (a)(2) of this section for the purpose of providing information necessary to determine eligibility to take a subsequent course under that subsection.
(1987 Code, sec. 26-14)
The conviction of a person upon a charge of violating any provision
of this chapter or other traffic regulation less than a felony shall
not affect or impair the credibility of such person as a witness in
any civil or criminal proceeding.
(1987 Code, sec. 26-15)
The city police department is hereby authorized to tow motor vehicles when the operator of the vehicle either fails to maintain, or cannot present proof of, financial responsibility required by the state. City police department officers are hereby authorized to remove or impound any vehicle where the operator has failed to maintain, or cannot present proof of, the required financial responsibility. The police department is also authorized to develop and require a financial responsibility verification form for the registered owner or a designee to obtain release of any vehicle removed or impounded pursuant to this section. A signed affidavit is required from the owner of the vehicle giving the designee authority to have the vehicle released to them. The fee for said financial responsibility verification form shall be as established in appendix B to this code. Said fee shall be in addition to any applicable towing or storage charges.
(1987 Code, sec. 26-205a;)
