The following words and phrases, when used in this chapter,
shall have the following meanings, to wit:
Any street, as defined in this section, having no regular
or official name other than “alley,” of twenty (20) feet
or less in width.
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 governing body of an incorporated city, private vehicles operated
by volunteer firemen or certified emergency medical services 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, medicines or organs.
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.
That part of a roadway at an intersection included within
the connections 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, or any portion of
a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surfaces.
The edge of a street, roadway or highway.
Every person who drives or is in actual physical control
of a vehicle.
The space or section of the street adjacent to the curb,
set aside for the exclusive use of loading or unloading passengers,
supplies or merchandise.
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.
The want of such care and caution as a person of ordinary
prudence would use under like circumstances.
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.
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 merchandise or passengers.
The space or section of the street adjacent to the curbing
and bounded and indicated by lines or metal markers upon the surface
of the street extending from the curbing into the street.
Any person afoot.
Every officer authorized to direct or regulate traffic or
to make arrests for violations of traffic regulations.
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 purposes of business, amusement, recreation or other lawful
purposes, and for the purpose of this chapter the term “public
place” shall include all streets and alleys within the corporate
limits of the city.
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 grants precedence to the other.
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.
When prohibited, 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.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances, either singly or together, while using any
street or highway 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 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 street or highway, except
devices used exclusively upon stationary rails or tracks.
(2003 Code, sec. 13.1)
The motor vehicle code of the state (article 6701d Revised Civil
Statutes), as amended, is hereby adopted as the motor vehicle code
of the city, with the additions contained in this chapter.
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.
(2003 Code, sec. 13.2)
It shall be the general duty of the city manager or his designee
to determine the installation and proper timing of traffic-control
devices, to conduct engineering analysis of traffic accidents and
to devise remedial measures, to conduct engineering investigations
of traffic conditions and to cooperate with other city officials in
the development of ways and means to improve traffic conditions, and
to carry out the additional powers and duties imposed by this chapter
and other ordinances of the city.
(2003 Code, sec. 13.3)
Every regulation, designation, delineation or determination
promulgated by the city manager or his designee pursuant to the authority
granted in this chapter shall be described in writing and filed with
the city secretary beginning with March 20, 1986. Such writing shall
constitute a public record, and all persons shall be charged with
notice of the contents of the same.
(2003 Code, sec. 13.4)
It shall be the duty of the police department to enforce the
provisions of this chapter.
(2003 Code, sec. 13.5)
Unless otherwise provided, any person arrested for violating
any provisions of this chapter shall be given a notice by the arresting
officer to appear before the municipal court, and it shall be unlawful
and an offense for any person to disobey such notice.
(2003 Code, sec. 13.6)
(a)
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; provided
that, in the event of a fire or other emergency or to expedite traffic
and to safeguard pedestrians, officers of the police department may
direct traffic as conditions may require notwithstanding provisions
of the traffic laws.
(b)
Officers of the fire department, when at the scene of a fire, may
direct or assist the police directing traffic thereat or in the immediate
vicinity.
(2003 Code, sec. 13.7)
It is unlawful and a class C misdemeanor for any person to do any act forbidden or to fail to perform any act required in this chapter, and punishment shall be as provided in section 1.01.009 of this code.
(2003 Code, sec. 13.8)
The provisions of this chapter applicable to drivers of vehicles
upon streets or highways shall apply to the drivers of all vehicles
owned or operated by the United States, the state, the county and
the city, subject to such specific exemptions as are set forth in
this chapter with reference to authorized emergency vehicles.
(2003 Code, sec. 13.9)
(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 provided in this section.
(b)
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 herein stated.
(c)
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 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.
(d)
The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the requirements of V.T.C.A., Transportation Code, section 547.702, 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 (d) only when the driver is responding to an emergency call or when he or she is in pursuit of a suspected violator of the law and he or she has probable cause to believe that:
(1)
Knowledge of his or her presence will cause the suspect to destroy
or lose evidence of a suspected felony;
(2)
Knowledge of his or her 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 or her presence will cause the suspect to evade
apprehension or identification of the suspect or his or her 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.
(e)
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 or she has first notified a designated
office of his or her 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.
(2003 Code, sec. 13.10)
No person shall operate or park any vehicle on any street, roadway,
or highway, and no owner shall suffer or permit any vehicle belonging
to such owner to be operated or parked, for the primary purpose of
advertising.
(2003 Code, sec. 13.100)
