The operation of bicycles on sidewalks is prohibited. It shall be unlawful for any person to operate a bicycle on any sidewalk or walkway in the city.
(Code 1973, Ch. 7; Code 1997, § 70.02(A); Ordinance of 10/17/1944)
(a) Drive-in restaurant Parking lots or areas Public place.
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
means any restaurant where meals, sandwiches, cold drinks, beverages, ice cream, or other food is served directly to or is permitted to be consumed by patrons in automobiles, motorcycles, or other vehicles parked on the premises.
means any area or premises in, at, or adjacent to a restaurant, drive-in restaurant, or any retail or wholesale business establishment used, designed, or intended for the parking of any type of vehicle, including motor vehicles, either by the owners, employees, customers or other business visitors of such business entities, including the general public, and whether publicly or privately owned.
For the purpose of preserving public peace, health, and safety, the entire premises occupied by a drive-in restaurant including any adjacent or nearby premises on which customers or patrons of a drive-in restaurant park their vehicles or consume the purchases from such drive-in restaurants and parking lots and areas, together with the means of ingress thereto and egress therefrom are hereby declared to be a public place.
(b)
Purpose and intent.
It is declared to be the intention and purpose of this section not to repeal any other provision in effect applicable to premises such as drive-in restaurants and parking lots or areas prior to November 6, 1968, and it is hereby declared that the purpose of this section is to make this section cumulative with other such applicable provisions; provided, however, that whenever conflict in language between this section and any other provisions applicable to drive-in restaurants or parking lots or areas, the language of this section shall prevail.
(c)
Unlawful parking.
It shall be unlawful for any person to enter a drive-in restaurant premises or any parking lot or area in a motor vehicle of any description and park such vehicle and leave the entire premises without getting the consent of the owner or operator of the restaurant or other business entity. In such event, the vehicle may be impounded subject to the usual impounding charges.
(d)
Using premises for cruising, racing, or short cuts prohibited.
It shall be unlawful for any person to enter a drive-in restaurant or any parking lot or area in a motor vehicle of any kind and using such premises for cruising, or racing, or as a short-cut to another street.
(e)
Congregation of three or more persons and lingering or loitering restricted.
It shall be unlawful for three or more persons to congregate on the premises and linger or loiter at any location on the premises of any drive-in restaurant or parking lot or area other than in the restaurant building, or business entity buildings, or in a legally parked motor vehicle.
(f)
Duty of operator or owner of premises to post sign on premises.
It shall be the duty of the operator or owner of any premises covered by this section to post on the premises in a conspicuous location one or more signs bearing the following legend:
"CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE OF A MOTOR VEHICLE IS UNLAWFUL. NO UNOCCUPIED VEHICLES MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE OWNER OR OPERATOR OF SUCH PREMISES."
(Code 1973, §§ 18-88—18-93; Code 1997, § 70.03; Ordinance 68-33, adopted 11/6/1968)
(a) Hand-held wireless communication device Text-based communication
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
means a text-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text, or pictorial communication, or both, whether by internet or other electronic means. The term "hand-held wireless communication device" includes a mobile telephone, and personal digital assistant (PDA).
means a communication that is designed or intended to be transmitted between wireless communication devices for the purpose of manually communicating in a non-spoken manner with another person in a written medium. The term "text-based communication" includes, but it not limited to, a text message, an instant message, a picture message and an email.
(b)
A person commits an offense if the person uses a hand-held wireless communication device to view, read, write, or send a text-based communication while operating a motor vehicle.
(c)
It is an affirmative defense to prosecution of an offense under this section if a wireless communication device is used:
(1)
While the vehicle is stopped;
(2)
Strictly to engage in a telephone conversation, including dialing or deactivating the call;
(3)
As a global positioning or navigation system that is affixed to the vehicle;
(4)
For obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed;
(5)
In the reasonable belief that a person's life or safety is in immediate danger;
(6)
If the device is permanently installed inside the vehicle; or
(7)
Solely in a voice-activated or other hands-free mode.
(d)
Subsection (b) of this section does not apply to the use of any hand-held wireless communication device or to any text-based communication, however transmitted, used in connection with the operation of an authorized emergency vehicle, an emergency medical services vehicle, or any other motor vehicle operated by an emergency medical services provider licensed by the Texas Department of State Health Services. For purposes of this subsection (d), the term "authorized emergency vehicle" shall have the meaning set out in Texas Transportation Code § 541.201, and the terms "emergency medical services provider" and "emergency medical services vehicle" shall have the meanings set out in Texas Health and Safety Code § 773.003.
(e)
To the extent that this section conflicts with the Texas Transportation Code § 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or Texas Transportation Code § 545.425, regarding the use of wireless communication devices in school crossing zones, this section does not apply.
(f)
A person convicted of an offense under this section shall be punished by a fine not to exceed $200.00 per violation.
(g)
An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record.
(h)
An offense under this section is a strict liability offense.
(i)
In addition to enforcement by a peace officer of the city, this section may be enforced by a peace officer of another governmental entity pursuant to a duly authorized interlocal agreement between the governmental entity and the city.
(Code 1997, § 70.05; Ordinance 11-51, § 1, adopted 10/19/2011)
(a)
In this section, the term "vulnerable road user" means:
(1)
A pedestrian, including a runner, physically disabled person, child, skater, highway construction and maintenance worker, tow truck operator, utility worker, other worker with legitimate business in or near the road or right-of-way, or stranded motorist or passenger;
(2)
A person on horseback;
(3)
A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle, handcycle, horse-driven conveyance, or unprotected farm equipment; or
(4)
A person operating a motorcycle, moped, motor-driven cycle, or motor-assisted scooter.
(b)
An operator of a motor vehicle passing a vulnerable road user operating on a highway, street, or road shall:
(c)
For the purpose of subsection (b)(2) of this section, when road conditions allow, safe distance is at least:
(d)
An operator of a motor vehicle that is making a left turn at an intersection, including an intersection with an alley or private road or driveway, shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard.
(e)
An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right-hand turn.
(g)
An operator of a motor vehicle shall exercise due care to avoid colliding with any vulnerable road user on a roadway or in an intersection or roadways.
(h)
It is an affirmative defense to prosecution under this section that at the time of the offense the vulnerable road user was acting in violation of the law.
(i)
A person convicted of an offense under this section shall be punished by a fine not to exceed $200.00 per violation.
(j)
An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record.
(k)
An offense under this section is a strict liability offense.
(l)
In addition to enforcement by a peace officer of this city, this section may be enforced by another peace officer of another governmental entity pursuant to a duly authorized interlocal agreement between the governmental entity and the City of Harlingen.
(Code 1997, § 70.06; Ordinance 12-70, § 1, adopted 11/7/2012)
(a) Hazardous material Motor vehicle Road tractor Semi-trailer Truck
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property. Hazardous materials may include products which are described as explosive, radioactive, etiologic agents, flammable or combustible liquids or solids, poisons, oxidizing or corrosive and compressed gases.
means every device in or by which any person or property may be transported or drawn upon a public highway and which device is self-propelled.
means every motor vehicle designed or used for drawing other vehicles or loads and not so constructed as to carry a load independently or any part of the weight of the drawn road or vehicle.
means vehicles of the trailer type, so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its load rests upon or is carried by another vehicle.
means any motor vehicle designed, used or maintained primarily for the transportation of property with a manufacturer-rated carrying capacity exceeding 2,000 pounds and is not intended to include those trucks commonly known as pickup trucks, panel delivery trucks and carry-all trucks, unless they are carrying hazardous material.
(b)
Truck and hazardous material routes.
(1)
There is hereby established and created certain truck and hazardous material routes through and around the city for all trucks, semi-trailers, road tractors or any vehicle carrying hazardous materials entering or exiting the city, as follows:
(2)
The designated truck and hazardous materials routes through and around the city shall be those illustrated in Exhibit A attached to Ordinance No. 03-77, passed October 15, 2003, and made a part of this section.
(c)
Through traffic prohibited.
Through traffic of any truck, semi-trailer, road tractor or hazardous material carrier on any street within the city, other than those streets or highways specifically designated in subsection (b) of this section is expressly prohibited and declared to be unlawful.
(d)
Exceptions.
The terms, provisions and regulations set forth in this section do not and are not intended to apply to trucks, semi-trailers, road tractors or hazardous material carriers entering the city and traveling on streets other than those designated herein for the purposes of pickup and delivery to specific locations or to obtain service, repairs, lodging, fuel or other legitimate purposes requiring a stop within the city. All vehicles departing from an established truck and hazardous material route under one of the stated exceptions herein shall return to said route by the most direct means practical.
(e)
Signs.
The appropriate entity or agent is hereby directed to post appropriate signs upon the streets indicated herein and may, at their discretion, place signs upon other local streets notifying the public that no truck or hazardous material traffic is allowed thereon. These signs shall conform to current standards, as set out in the Texas Manual on Uniform Traffic Control Devices with regard to shape, size, color, letter size and style, mounting and location.
(f)
Fire zones.
(1)
It shall be unlawful for any person to transport any quantity of any liquefied petroleum gas in any container whatsoever upon, over, or across any public street in the city within the limits of the fire zone as such zones are now defined, or as such zones may hereafter be defined.
(2)
Nothing contained herein shall prevent the delivery, outside the limits of the fire zone, of liquefied petroleum gas to residential consumers, if such consumers have installed underground containers in compliance with other applicable provisions of this Code, provided that such trucks making deliveries in areas zoned residential (R-1, R-2, M-1, M-2, MH) are equipped with tanks capable of carrying a maximum of 2,500 gallons or less of liquefied petroleum gas. Such deliveries shall be by designated routes then the shortest route to the place of service and return to the designated routes by the shortest route.
(Code 1997, § 91.14; Ordinance 03-77, adopted 10/15/2003)
(a)
No person operating a motor vehicle on a flooded street, shall operate the vehicle in a manner vehicle in a manner as to cast or discharge a wave that carries beyond the edge of the street or curb line.
(b) Flooded street
is defined as a city street in which the flood water is six inches or more deep on the center line of the roadway.
(c)
It is an affirmative defense to a charge under this section that the operator was operating an emergency, public safety, or official government vehicle directly in furtherance of official duties.
(d)
Any person violating this section shall be punished by a fine not less than $100.00 or not more than $500.00.
(Ordinance 22-54, adopted 12/21/2022)