(a)
Every motor vehicle shall at all times be equipped with a muffler
in good working order and in constant operation to prevent excessive
or unusual noise, and no person shall use a muffler cut-out, bypass,
or similar device upon a motor vehicle on a highway.
(b)
The engine and power mechanism of every motor vehicle shall be so
equipped and adjusted as to prevent the escape of excessive fumes
or smoke.
(1997 Code, sec. 71.01)
A person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and such operator shall not carry
any other person nor shall any other person ride on a motorcycle unless
such motorcycle is designed to carry more than one person, in which
event a passenger may ride upon the permanent and regular seat if
designated for two persons, or upon another seat firmly attached to
the rear or side of the operator.
(1997 Code, sec. 71.02)
No person riding upon any motorcycle, bicycle, coaster, roller
skates, sled or toy vehicle shall attach the same or himself to any
vehicle upon a roadway.
(1997 Code, sec. 71.03)
No person driving a vehicle shall cross a sidewalk or drive
through a driveway, parking lot, or business or residential entrance
without bringing the vehicle to a complete stop. No person driving
a vehicle shall cross or drive in or on such sidewalks, driveways,
parking lots, or entrances at an intersection for the purpose of making
either a right or left turn from one street or highway to another
street or highway.
(1997 Code, sec. 71.04)
(a)
Use required.
All vehicles registered to have a gross vehicle weight in excess of 35,000 pounds and all vehicles registered as a truck tractor, which are commonly used to pull a trailer, shall be driven only on certain public streets, also known as the “truck route,” as described in schedule II of this chapter (section 12.05.002).
(b)
Exceptions.
The provisions of this section shall not
apply to vehicles which are:
(1)
Owned, leased, used or in service to the city, the county, the state
or the United States.
(2)
School buses and public buses.
(3)
Emergency vehicles en route to and returning from an emergency.
(4)
Making home deliveries or home pickups of goods or services.
(5)
Mobile homes which are being installed within or removed from the
boundaries of the city.
(6)
Travel trailers and recreational vehicles.
(7)
Owned or used or in the service of public utilities when in the performance
of their duties.
(8)
Picking up or delivering material to or from a warehouse or construction
site.
(Ordinance 171017-01 adopted 11/7/17; 1997 Code, sec. 71.05)
(a)
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and when such vehicles are conspicuously designated as required in
this chapter. This provision shall not apply at intersections where
traffic is controlled by traffic-control signals or police officers.
(b)
Each driver in a funeral or other procession shall drive as near
to the right-hand edge of the roadway as practical and shall follow
the vehicle ahead as close as is practical and safe.
(c)
A funeral composed of a procession of vehicles shall be identified
as such by the display upon the outside of each vehicle of a pennant
or other identifying insignia or by such other method as may be determined
and designated by the traffic division.
(1997 Code, sec. 71.06)
(a)
The driver of any vehicle other than one on official business shall
not follow any fire apparatus traveling in response to a fire alarm
closer than 500 feet or drive into or park such vehicle within the
block where the fire apparatus has stopped to answer a fire alarm.
(b)
No driver of a vehicle, except a driver on official business, may
follow closer than 500 feet behind an ambulance when the flashing
red lights of the ambulance are operating. No driver of a vehicle
may drive or park his vehicle at a place where an ambulance has been
summoned for an emergency call in a manner calculated to interfere
with the arrival or departure of the ambulance.
(1997 Code, sec. 71.07)
No driver of any vehicle shall drive over an unprotected hose
of a fire department when laid down on any street or private driveway
to be used at any fire or alarm of fire, without the consent of the
fire department official in command.
(1997 Code, sec. 71.08)
(a)
Electronic message.
Wireless communication device.
Definitions.
For the purposes of this section:
A self-contained piece of digital communication that is designed
or intended to be transmitted to or from a wireless communication
device. An electronic message includes, but is not limited to, a text-based
communication, such as electronic mail, a text message, or an instant
message, or a command or request to access an internet site, or other
data that uses a commonly recognized electronic communication protocol.
A device that uses a commercial mobile service, as defined
by 47 U.S.C. section 332.
(b)
Offense.
A person commits an offense if the person drives
or operates a motor vehicle in the city while using a wireless communication
device to view, send or compose an electronic message.
(c)
Affirmative defenses.
It is an affirmative defense to prosecution of conduct prohibited by subsection (b) if:
(1)
The person is using the wireless communication device strictly to
engage in a telephone conversation, including dialing or deactivating
a phone call;
(2)
The person is in an authorized government vehicle and is using the
wireless communication device to respond to an emergency while acting
in an official capacity;
(3)
The person is using the wireless communication device while stopped
or standing at a position parallel to and as close as possible to
the right-hand edge or curb of a roadway where parking, standing or
stopping in a nonemergency situation is not otherwise prohibited;
or
(4)
The person is using the wireless communication device to:
(A)
Operate only a global positioning or navigation system that is affixed
to the vehicle;
(B)
Obtain emergency assistance to report a traffic accident, medical
emergency, serious traffic hazard, fire or other hazardous response
service;
(C)
Prevent a crime about to be committed;
(D)
Communicate with the reasonable belief that a person’s life,
safety, or property is in immediate danger; or
(E)
Operate only a device that is permanently installed inside the vehicle
or that is solely in a voice-activated or other hands-free mode.
(d)
Conflicting regulations.
To the extent that any clause,
phrase, provision, sentence or part of this section conflicts with
Texas Transportation Code section 545.424, regarding the use of wireless
communication devices while operating a motor vehicle by minors; or
Texas Transportation Code section 545.425, regarding the use of wireless
communication devices in school crossing zones, this section does
not apply.
(Ordinance 11-02-15-1 adopted 2/17/11)
