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0231 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. ll8 OF THE CITY OF SOUTHLAKE,TEXAS, BY SUBSTITUTING A NEW PARAGRAPH I.-DEFINITIONS; SUBSTITUTING A NEW PARAGRAPH XXV.- SPEED LIMIT; DELETION OF ARTICLE XXVIII; PROVIDING A SEVERABILITY CLAUSE~ REPEALING ORDINANCE OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE; AMENDING FINES FOR VIOLATION AS NOW IN ORIGINAL ORDINANCE 118; AND DIRECTING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE. AMENDED WHEREAS, pursuant to Section 169 of Article 6701d, Revised Civil Statutes of Texas as amended, the City of Southlake, Texas has authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and, WNEREAS, upon the basis of engineering and traffic investigations and recon~endations on the part of the Chief of Police of the City of Southlake, Texas, and after public hearing held; and after the said City Council finding that maximum prima facie speed limits on the public streets and highways mentioned hereafter should be so regulated in the interest of preservation of the public health, safety and welfare; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1. A. That Section I. Ordinance 118 entitled "Definitions" shall read as follows: I. DEFINITIONS: A. Police Department- The Police Department of the City of Southlake,Texas, acting directly or through its duly authorized officers or agents. B. Chief of Police- Chief of Police of said Police Department of the City of So~Jthlake, Texas. C. The definitions of the following terms shall be those definitions as used in Article I. subdivisions I. through IV. of Article 6701d, Revised Civil Statutes of Texas as amended from time to time; such definitions being found in said State Statute which is incorporated herein by reference and which definitions include: (a). "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks. (b). "Motor Vehicle" means 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. (c). "Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor or motor-assisted bicycle. (d). "Authorized Emergency Vehicle" means 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, and private vehicles operated by volunteer firemen while answering a fire alarm. (e). "School bus" means 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 [ducation Association, Washington, D.C., and is being used to transport children to or frnm school or in connection with school activities, but not including buses operated by co~on carriers in urban transportation of school children. (f). '~Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than fourteen (14) inches in diameter. (g). "Motor driven Cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed 5-brake horsepower (brake horsepower developed by a prime mover, as measured by a brake applied to the driving shaft), and every bicycle with motor attached other than a motor-assisted bicycle. (h). "Passenger Car" means every motor vehicle, except motorcycles and motor driven cycles, designed for carrying ten (10) passengers or less and used for the transportation of persons. (i). "Motor-assisted bicycle" means a bicycle which may be propelled by human power or a motor, or by both, with a motor of a capacity of less than sixty (60) cubic centimeters piston displacement, which is capable of a maximum speed of not more than twenty (20) miles per hour on a flat surface with not more than one (1) percent grade in any direction when the motor is engaged. (j). "Farm Tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (k). "Road Tractor" means 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. (1). "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property. (m). "Bus" means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and, every motor vehicle, other than taxicab, designed and used for the transportation of persons for compensation. (n). "Trailer" means 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. (o). "Semi-Trailer" means 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 th~some part of its weight and that of its load rests upon or is carried by another vehicle. (p). "Pole Trailer" means 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. (q). "House Trailer" means a trailer or semitrailer (1) 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, (2) whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in Subdivisbn (1) but which is used instead permanently or temporarily for the advertising, sales, 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. (r). "Department" means The Department of Public Safety of this state acting directly or through its duly authorized officers and agents. (s). "State" means The State of Texas. (t). "Urban District" means the territory contiguous to and including any highway or street which is built up with structures devoted to business, industry or dwelling houses, situated at intervals of less than one hundred (lO0) feet for a distance of one-quarter(I/4) of a mile or more on either side. (u). "Police Officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (v). "Local Authorities" means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state. (w). "Street or Highway" means 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. (x). "Private road or Driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having e×press or implied permission from the owner but not by other persons. (y). ~'Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. (z). "Laned Roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. (aa). "Through Highway" means 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 in this Act. (bb). "Limited-Access or Controlled Access Highway" means 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. (cc). "Intersection"means (a) the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (c). The junction of an alley with a street or highway shall not constitute an intersection. (d).Notwithstanding the provisions of Subsection (b) of this section, the State Highway Commission and local authorities may, in matters of highway and traffic engineering design, consider the separate intersections of divided highways with medians thirty (30) feet wide or wider, as defined in Subsection (b) of this section, as components of a single intersection. (dd)~ ~'£rosswalk" means 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. Any portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surfaces. (ee). "Business District" means 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, including but not limited to hotels, banks, or office buildings,railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three (300) feet collectively on both sides of the highway. (ff). "Residence District" means the territory contiguous to and including a highway not comprising a business district when the property on such highway 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. (gg). "Official Traffic-Control Devices" means all signs, signals, markings and devices not inconsistent with this Act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (hh). "Traffic-control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (ii). "Railroad Sign or Signal" means 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. (jj). "Daytime and Nighttime" - "Daytime means from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset, and "nighttime" means at any other hour. (kk). "Park or Parking" means 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. (11). "Stand or Standing" means 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. (mm). "Stop" When required means complete cessation from movement. (nh). "Stop or Stopping" 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. B. The Chief of Police is hereby authorized to make engineering and traffic investigations, when specifically required by the City Council, and make recommendations to the City Council concerning speed regulations and traffic control devices. C. Any violation of this ordinance shall be a misdemeanor punishable by a fine of not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars. This subparagraph replaces Article XIX. of Ordinance No. ll8 of the City of Southlake, Texas. 2. That Article XXV. entitled "Speed Limit" shall read as follows: XXV. SPEED LIMIT A. It shall be unlawful for any person to drive or operate a vehicle on a street or highway at a speed greater than is reasonable and prudent under the cirumstances then existing. B. Any speed in excess of the prima facie maximum reasonable and prudent speed limit for the location shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. C. Where no prima facie maximum or reasonable and prudent speed requiring the erection of one or more signs giving notice has been established for a public street or highway within the City of Southlake, Texas urban district, the prima facie maximum reasonable and prudent speed for such location shall be 30 miles per hour unless a slower speed is required by applicable provisions of the State laws of Texas. D. The prima facie maximum reasonable and prudent speed on the portion of any street or highway designated below shall be the speed in miles per hour designated below, between 7:30 A.M. to 8:45 A.M., both inclusive, and 2:30 P.M. to 3:45 P.M., both inclusive, Monday through Friday, provided that an appropriate sign giving notice thereof is erected. It shall be an affirmative defense to a charge of exceeding said prima facie maximum speed, established below, that the day in question was a day when there were no classes in session at the nearest school. SCHOOL ZONE STREET BLOCK NUMBER MAXIMUM SPEED (MPH) DOVE STREET E. 800-1100 20 CARROLL AVENOE N. 900-1200 20 CARROLL AVENUE N. 2200-2600 20 HIGHLAND STREET E. lO00-1300 20 SOUTHLAKE BOULEVARD E. 2600-2800 20 CROOKED LANE 2600-2800 20 E. The prima facie maximum and prudent speed at the following locations shall be as designated below, effective when an appropriate sign giving notice thereof is erected: STREET BLOCK NUMBER MAXIMUM SPEED (MPH) DOVE STREET W. 100-500 30 DOVE STREET E. 100-2200 30 RIDGECREST DRIVE 2300-3400 30 LAKE DRIVE 2900-3300 30 FLAMINGO CIRCLE 2900-3100 30 BLUE TEAL COURT 1200~1300 30 WHITE WING COURT 1200-1300 30 PENINSULA DRIVE 3100-3300 30 STREET POST OAK TRAIL CYPRESS CREEK CIRCLE JOHNSON ROAD ROLLI[~G LANE GREENBOUGH RAINTREE LANE HICASTLE LANDING CIRCLE AUSTIN PLACE N. AUSTIN PLACE S. GATEWOOD LANE N. GATEWOOD LANE S. OAK KNOLLS DRIVE LOVE HENRY COURT CASEY COURT MIDWAY DRIVE RIDGEWOOD CIRCLE OAKHURST DRIVE OAKHURST COURT OAKWOOD TRAIL BROCK DRIVE BLOCK NUMBER 1300-1500 1200-1300 2000-3200 2400-2700 2400-2700 2400-2800 2700-2800 2700-2800 100 Block 100 Block 100 Block 100 Block 2800-3000 400-600 1100-1200 2900-3200 1200 Block 1300 Block 1200 Block 1200 Block 100-500 MAXIMUM SPEED (MPH) 30 30 30 3O 3O 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 STREET JELLICO CIRCLE CARLISLE LANE RAINBOW STREET KIMBALL AVENUE N. KIMBALL AVENUE S. CROOKED LANE BLDEBONNET DRIVE PINE DRIVE LILAC LANE CARROLL AVENUE N. PRIMROSE LANE HIGHLAND STREET W. HIGHLAND STREET E. SUNSHINE LONESOME DOVE BURNEY LANE SltADY LANE CONTINENTAL BOULEVARD W. CONTINENTAL BOULEVARD E. WB1TE CHAPEL BOULEVARD N. W~IITE CHAPEl. BOULEVARD S. BRUMLOW AVENUE BLOCK NUMBER 100 Block 800-1100 1500-1800 300-2100 lO0-1100 2200-2700 100-200 100-500 100-400 100-2900 700-1100 lO0-60O 100-2100 1200-1800 2100-2900 800-1700 300-1100 lO0-2100 lO0-2100 100-3200 100-1600 1200-1900 MAXIMUM SPEED(MPN) 30 3O 3O 3O 30 30 30 30 30 30 30 3O 30 30 30 30 3O 4O 40 40 4O 4O STREET BLOCK NUMBER MAXIMUM SPEED (MPH) SOUTHLAKE BOULEVARD E. lO0-3100 40 SOUTHLAKE BOULEVARD W. I00-3300 40 CARROLL AVENUE S. lO0-1100 40 SHADY OAKE DRIVE 100-2200 40 PEYTONVILLE AVENUE N, 100-2200 40 PEYTONVILLE AVENUE S. lO0-1100 40 DOVE STREET W. 600-1200 40 RANDOL MILL AVENUE 100-300 40 RANDOL MILL AVENUE 1700-2200 40 F. The foregoing itemized speed areas shall have the following meaning to any abbreviations used therein: "E" means "East" "W" means "West" "N" means "North" "S" means "South" "F.M." means "Texas Farm to Market Road" "R.M." means "Texas State Ranch to Market Road" "I" means "Interstate" "S.H." means "Texas State Highway" "U.S." means "United States Highway" Block number is inclusive as to the portion of the street covered by both block numbers and all areas between said block numbers including intersections. Article XXVIII. entitled "OFFENSE BY PERSONS OWNING OR CONTROLLING VEHICLES" is hereby rescinded in total and the applicable State laws of Texas shall govern in place thereof. The penalty for violation of the provisions created by this said ordinance shall be the same as provided for in Section XXIX of original Ordinance ll8 entitled "PENALTY OF ORDINANCE". If any portion of this amendment shall be declared for any reason unconstitutional or invalid, then such decision shall not affect the validity of the remaining portions of this amendment. 6. This amendment hereby repeals any other ordinance or portion thereof of the City of Southlake, Texas, in direct conflict herewith. 7. The City Secretary of the City of Southlake, Texas is hereby directed to publish this amendment under the applicable laws but may publish only the caption and penalty clause thereof and this said ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. ADOPTED this 21st day of December, 1976. APPROVED: al1/44LAIrat' Mayor ATTEST: City Secretary APPROVED AS TO FORM: 777€2:A *9:City A torney