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0562ORDINANCE NO. ~ AN ORDIN~NCE PROVIDING FOR THE LOCATIONv INSTALL~TIONv REGULATION AND MAINTEN/~NCE OF TR~_FFIC CONTROL DEVICES THaT CONTROL THE USE OF THE PUBLIC STREETS ~ SIDEWALKS BY PEDESTRIANS ~ MOTOR AND OTHER VEHICLES; PROVIDING A PROCEDURE FOR THE ESTABLISHMENT OF SPEED LIMITS ON ALL PUBLIC STREETS; PROVIDING THAT THIS ORDIN~NCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH SHALL EE REPEALED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; ~ PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, acting under its charter adopted by Article XI, Section 5 of the Texas the Local Government Code; and Texas is a home rule city the electorate pursuant to Constitution and Chapter 9 of WHEREAS, the City Council of the City of Southlake, Texas, after due and careful consideration, has determined that it is necessary and appropriate to establish uniform traffic regulations for the purpose of protecting the citizens of the City of Southlake, Texas; and WHEREAS, in order to implement a plan for establishing uniform traffic control regulations, the City Council of the City of Southlake, Texas, has directed that such studies of traffic conditions and vehicle operations be undertaken as are necessary and appropriate to determine the type and location of traffic control devices necessary to ensure the safe and efficient movement of traffic within the corporate limits of the City of Southlake, Texas; and WHEREAS, in order to ensure that the traffic control 1 regulations and devices employed by the city of Southlake, are in full conformance with the laws of the State of Texas and are common and consistent with traffic control devices utilized by other public entities within the State of Texas, the city Council of the City of Southlake has determined that it shall be the public policy of the city to ensure that all traffic control devices employed by the city are constructed and designed in accordance with the Texas Manual on Traffic Control Devices for Streets and Highways; and WHEREAS, the city Council of the city of Southlake, Texas, has reviewed the staff recommendations on the placement of the various types of traffic control devices and has determined that the guidelines for placement of traffic control devices as provided in this Ordinance are necessary and appropriate and are justified based upon normal engineering practices and standards for the placement of such devices; and W-~EREAS, after due and careful consideration, the city Council of the city of Southlake, Texas, has made a determination that it is in the best interest of the citizens of the city of Southlake, Texas, and in the furtherance of the legitimate police power of the city to adopt these traffic regulations in accordance with the provisions of Article 6701d of Vernon's Annotated Statutes and the inherent police power authority of city; NOW~ THEREFORE, Texas civil a home rule BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 2 SECTION I DEFINITIONS Whenever the following terms are used in this ordinance, they shall have the meanings respectively ascribed to them: Alley: Any street herein defined having no legal or official name other than "Alley" or any street twenty (20) feet or less in width. Authorized Emerqency Vehicle: Vehicles of the fire department (fire control), 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 firefighters or certified emergency medical services volunteers while answering a fire alarm or responding to a medical emergency, and vehicles operated by blood banks or tissues banks, accredited or approved under the laws of this State or the United States, while making emergency deliveries of blood, drugs, medicines, or organs. city: The City of Southlake, Texas. Crosswalk: (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalk on opposite sides of the roadway measured from the curbs, or in the absence of the curbs from the edges of the traversable roadway; and (2) Any portion of a roadway at an intersection or 3 elsewhere distinctly indicated by lines or other markings for pedestrian crossing- curb: The line adjacent to the edge of the roadway which may be either a raised or lowered, marked or unmarked surface. H_i_qhway: 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. ~ntersection: (1) 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 (2) or more highways which join one another at any angle, or the area within which vehicles travelling upon different highways joining at any angle may come in conflict; or (2) Where a highway includes two (2) 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 (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a separate intersection- The junction of any alley with a street or highway shall not constitute an intersection; M_~otor vehicle: Any vehicle which is self-propelled. Traffic Control device: Any sign, signal (including a traffic control signal), marking, or device, whether manually, electronically or mechanically operated and not inconsistent with 4 state statutes or this ordinance, placed or erected by appropriate authority of a public body or official having jurisdiction, for the purpose of regulating, warning, guiding, or directing traffic. When used in this ordinance, the terms "official traffic control device" and "traffic control device" are interchangeable. Operator: Any ~erson who operates or is in control of or assumes control of a vehicle. Pedestrian: Any person afoot. Person: Any natural person, firm, partnership, association, or corporation. Police officer: Any officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Prima facie: The term "prima facie" is to be defined according to the law of the State of Texas, and, to the extent that there is no conflict with state law, the following meaning shall apply: Such as will suffice to constitute proof of a fact unless and until it is overcome, rebutted, or contradicted by other evidence; no particular weight is assigned to prima facie evidence by law except that the fact finder may find a verdict based upon it; as in all criminal cases, the accused starts out with a presumption of innocence that must be overcome by evidence beyond a reasonable doubt. Right-of-way: The right of one 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 5 grants precedence to the other. Roadway: 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 (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. Sidewalk: That portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. SiGn or siqnal: Means any name, number, description, declaration, device, announcement, display, flag, beacon or light, and any structure supporting same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs the operator of a motor or other vehicle or pedestrian to follow and comply with the directives contained therein or signified thereby. Street: 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. Traffic: Pedestrians, ridden or herded animals, vehicles, and other conveyances used singly or together while using any street for purposes of travel. Vehicle: 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 rails or tracks. used exclusively upon stationary 6 SECTION II CONFORMITY WITH STATE REQUIREMENTS Ail traffic control devices, including signs, signals and markings installed or used for the purpose of directing and controlling traffic within the city shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (hereinafter called the "Manual"), adopted by the State Highway Commission. Ail traffic control devices erected hereunder for a particular purpose shall, so far as is practicable, be uniform as to type and located throughout the City. Ail existing traffic control devices and those erected in the future by the City in accordance with the Manual, state law and this ordinance are hereby affirmed, ratified and declared to be official traffic control devices. Ail provisions of Article 6701d, V.A.C.S. currently enacted or which may be enacted in the future regulating traffic control devices erected or used by the City are hereby adopted as if set forth fully in this ordinance. SECTION III AUTHORITY TO INSTALL CONTROL DEVICES (a) The Director of Public Works is authorized and directed to erect or install or to cause to be erected or installed upon, over, along, or beside all highways, freeways, roadways, streets, and alleys within the City, appropriate traffic control devices in accordance with this.ordinance and state law and consistent with the Manual. The erection or installation of traffic control devices as provided herein shall be upon the basis of a traffic 7 engineering analysis performed by the Director of Public Works. Upon a determination by the Director of Public Works that a traffic control device is necessary; it shall be installed as soon as such specific traffic control device can be procured. (b) The Director of Public Works is hereby authorized and directed to maintain all traffic control devices erected in accordance with this ordinance and state law and consistent with the Manual. Whenever any traffic control device has been damaged or removed or whenever the Director of Public Works shall determine that a traffic control device is no longer appropriate at its existing location, he shall be authorized and directed to repair or replace same with an appropriate traffic control device. (c) As soon as practical after the adoption of this ordinance, the Director of Public Works shall file a written inventory with the city Secretary of all traffic control devices in existence at the time this ordinance is passed. The inventory shall describe the type of each traffic control device and its location. Hereafter, whenever the Director of Public Works erects and installs any traffic control device at any location in this city in accordance with this ordinance and the Manual, he shall file an updated inventory with the City Secretary. The city Secretary shall file and maintain such inventory among the official papers of the office of the City Secretary. SECTION IV OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES The operator of any vehicle or motor vehicle shall obey the instructions of any traffic control device placed in accordance with this ordinance, the Manual or state law, unless otherwise directed by a police officer, subject to the exceptions granted the operator V.A.C.S. of an authorized emergency vehicle under Article 6701d, SECTION V ENFORCEMENT PURPOSES No provision of this ordinance for which traffic control devices are required to be erected shall be enforced against an alleged violator if, at the time and place of the alleged violation a traffic control device was not in proper position, sufficiently legible, by an ordinarily observant person. Whenever a particular section of this ordinance does not state that traffic control devices are required, such section shall be effective even though no traffic control devices are erected or in place. SECTION VI UNAUTHORIZED SIGNS AND DEVICES PROHIBITED (a) It shall be unlawful for any person, other than the Director of Public Works or a person acting under his direction to install or cause to be installed any traffic control device purporting to direct the use of the streets or the activities on those streets by pedestrians, vehicles, motor vehicles or animals. (b) No person shall place, maintain, or display upon or in 9 view of any highway, street, roadway, freeway or alley any unauthorized traffic control devices or other devices which purport to be or are an imitation of or resemble official traffic control devices, or which attempt or direct the movement of traffic, or which hide from view or interfere with the effectiveness of any traffic control devices. (c) No person shall place or maintain upon any highway, street, roadway, freeway or alley, any traffic control device bearing thereon any commercial advertising. (d) This section shall not be deemed to prohibit the erection of a sign upon private property adjacent to a highway, roadway, street, freeway or alley giving useful directional information of a type that cannot be mistaken for official traffic control devices provided the erection of such sign is in accordance with the City's Sign Code and other applicable regulations. (e) All unauthorized signs are declared to be a public nuisance, and the Director of Public Works is empowered to remove such signs without notice. (f) No person shall without lawful authority place, maintain or display upon or in view of any public sidewalk, curb or street, any sign, signal, marking or device which indicates reserved parking spaces, or is designed to reserve parking spaces, upon the street for the adjoining property owners or for customers of the adjoining property owners. (g) No person shall without lawful authority place, maintain or display upon or in view of any public sidewalk, curb or street, 10 any sign, signal, marking or device which tends to reserve parking on private property for said property owners or their customers, unless sufficient space is provided to allow for the parking and maneuvering of vehicles off of the public right of way. (h) No person ~hall place or maintain a flashing light or flashing electric sign of any kind or color within one thousand (1,000) feet of any intersection unless a permit is granted by the Texas Department of Transportation for such flashing light or flashing electric sign and unless said sign complies with the requirements of the City Sign Code and other applicable regulations. SECTION VII DAMAGE TO DEVICES PROHIBITED No person shall, without fact alter, deface, injure, control device. lawful authority, attempt to or in destroy or remove any official traffic SECTION VIII INSTALLATION AUTHORITY The existence of any traffic control device shall constitute prima facie proof of all facts necessary to prove the proper and lawful installation of such traffic control device at that location. SECTION IX D~I~NATION OP CRO~WALKS, MARKED TRAFFIC LANES AND SAFETY ZONES The Director of Public Works is hereby authorized: 11 (1) To designate and maintain appropriate devices, marks, or lines upon the surface of the roadways and crosswalks and such other places as he may deem necessary where, in his opinion, there is a particular danger to pedestrians crossing the roadway; (2) To establish safety zones with such character and at such places as he may deem necessary for the protection of pedestrians; and (3) To mark lades for traffic or street places as he may deem advisable, consistent control ordinances of the city. SECTION X ESTABLISHMENT OF SPEED ZONES than pavements at such with the traffic Whenever the city Council shall determine that a speed other thirty (30) miles per hour is reasonable or safe under conditions found to exist at any intersection or other place or upon any part of any street or highway, the City Council may adopt an ordinance revising the speed limit at such location. Such revised speed limit shall be based upon a traffic engineering study prepared by the Director of Public Works. SECTION XI IBV~NTORY OF STREETS AND CORRESPONDING SPEED ZONES The Director of Public Works is hereby authorized to inventory the existing speed limits of the city. The Director of Public Works is directed thereafter to maintain this inventory of speed zones within the city and is authorized to amend this inventory when necessary and directed by the city Council without 12 necessitating an amendment to this ordinance. This inventory list shall be filed with and shall be maintained by the City Secretary among the official papers of the office of the City Secretary. The inventory shall be accessible by any person requesting access to The inventory of streets and posted speed limits, speed limits in parks and school zones, shall be follows: MAXIMUM BLOCK NOS. EXTENT SPEED (MPH) such list. including formatted as STREET EX2~MPLE: Main St. 100-500 East Property line of 35 200 Center St. to the West property line of 300 South Blvd. SECTION XII CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION XIII BEARABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of 13 competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION XIV PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION XV SAVINGS CLAUSE Ail rights and remedies of the City of Southlake are expressly saved as to any of all violations of ordinances affecting traffic safety which have accrued at the time of the effective date of this ordinance; litigation, not, under ordinance but may be and, as to such accrued violations and all pending both civil and criminal, whether pending in court or such ordinances, same shall not be affected by this prosecuted until final disposition by the courts. 14 SECTION XVI PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the city of Southlake. SECTION XVII EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED " t 199'2. ,~,~.~,,. .......... .,,~. -~ .' A '.'~ ON FIRST READING ON THIS ~ DAY OF AT, ST: CITY SECRETARY 15 PASSED AND ,,,,~%~.L~r% ,,,: ~ ............ ~..' , '...% APPROVED ON SECOND READING DAY OF ATTEST: ~ITY sECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney ADO PTE D: ~ /~.~ f~/~ EFFECTIVE: .~/./~,~JQ ~,~? /~ ~ sLake\trafcont.ord 16 Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who, after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO DESCRIPTION AD SIZE 1`� �� RATE AMOUNT MAY 22 ' 6874257 CL . 358 1X67 L 67 . 40 26 . 80 May 22 P . O. # ORD . 562 ORDINANCE Nu.562 AN ORDINANCE PRO- VIDING FOR THE LO- CATION INSTALLA- TION, REGULATION �. AND MAINTENANCE OF TRAFFIC COUN- TROL DEVICES THAT CONTROL THE USE OF THE PUBLIC STREETS AND SIDEWALKS BY 1PEDESTRIANS AND MOTOR AND OTHER VEHICLES; PROVID- e ING A PROCEDURE - -- - FOR THE ESTABLISH- i , ho"L MENT OF SPEED LIM- ITS ON ALL PUBLIC S I G N E ► STREETS;PROVIDING U B S RIBS: THAT SHALL BE CU- 0 BEFORE ME , T IS THE 27TH D Y OF Y, 1992 NNI�CESHOFALLOR- NOTARY PU LI PROVIDING•A SEVER- ABILITY CLAUSE PROVIDING FOR A PENALTY FOR VIOLA- TARRANT COUNTY, TEXAS TIONS HEREOF;PRO- VIDING THAT ALL OR- DINANCES IN 1111.11110�11q O'1HK'O'b CONFLICT HEREWITH + r`pv a"�, SHALL BE $ ,otir:.' "'`:.','a KATHRYN J. SP�'NCER REPEALED; PROVID- ♦ ING A SAVINGS Pi''r� '..r%• CLAUSE. PROVIDING �+y: ' COMMISSION MIRES FOR PUBLICATION IN iv ,�`p��� C THE OFFICIAL NEWS- �,lj9j, `1'i�: I}\�;�jlijt�1 !8, 19 5 PAPER;AND PROVID- O d ING AN EFFECTIVE DATE. 1..6.<v►wg,gt.,-z„.-.via aw..vraA-aa�r0. t SECTION XIV �'•/_ 1 PENALTY Any person,firm or corpo- ration whovlolates,disobeys, . omits ffl1eeg�leas or refuses to 3 PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�� comply wl th or who.resists the enforcement of any of the pro- visions of this ordinance shall bH ndrfinednotmoret0an.001oe r REMIT TO : 400 W . SEVENTH, FW , TX 76102 Hundred Dol lars(5500.00)for each offense.Each day that a violation is permitted Coexist ._._ shall constitute a separate of- PASSED AND APPROVED F.E.101 .C: ,,. . XXX 9XIXXXDlr 3004-D(.X�6d(XXXI-2051\ Fort OREADINGTHISDAYOFY TelegramNoi,NHsEE„:)„,h,lar CIT57 26 . 80 Gary Fickes, ACCOUNT AMOUNT Mayor of Southlake, NUMBER DUE ATTEST: Sandra L.LeGrand, City roved Secret aars tyo form: 1 1 App E.Allen Taylor,Jr., PAGE OF City Attorney CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 26.80 SOUTHLAKE TX 76092-8898 PLEASE PAY THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram , R I ,o 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ICE/AFFIDAvI lm***INVOICE/AFFIDAvI 1m *** —"E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth Star—Telegram , published by the Star—Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION 1 AD SIZE 'TI RATE AMOUNT MAY 08 6867302 CL . 358 1X73 L 73 . 40 29 . 20 --- May 8 NOTICE OF PUBLIC HEARING P . O . # ORD . 562 NOTICE is hereby given to ail Interested persons that the Cl- . tv Council of the City of South- lake Texas,will be holdinga -._. public hearing during tthe to be Iheld own May 19 1992,� at -7:00p.m. Southiake(ityHall, 667 North Carroll Avenue, ... _. _. -... .. Southiake,Texas. Purpose of the hearing Is to consider the second readingof the following ordinance: _. ..... .. -..._ ORDINANCE NO.562 AN ORDINANCE PRO- VIDING FOR THE LO- CATION INSTALLA- TION, FIEGULATipN AND MAINTENANCE OFTRAFFICCONTROL VICES THAT CON- S I G N E ► OLTHEU�JSEOFTHE — BLICSTREETSAND AND SWORN TO BEFORE ME , T IS THE 12Th� ti OF )EWALKSSTRIA BY MAY, 99\ DESTRID AND NOTARY PU T VEHICLES; R AND OTHER VEHICLES• P VID- L S`�r,`�� ING A PROCEDURE FOR THE ESTABLISH- MENT OF SPEED LIM- TARRANT COUNTY, TEXAS ITS ON ALL PUBLIC STREETS•PROVIDING THAT THIS ORDI- p.C...Et', Tt i' C ' i' NANCEMULAT SHALL LBEOR- o /r+ I(A++jRV+! J DIN A CES„.IVE ALL OR- f n a 1p f t�C DINANCES Ki PROVIDING A SEVER- r i �a S� R+` ABILITY CLAUSE ru .•G/ • t? !J"^? Ty PROVIDING FOR /S �•..•,,. t �;� Ji�hy 2�, PENALTY FOR �F c' VIOLAITONS HEREOF;PROVIDING THAT ALL ORDI- NANCES HEREWITH SHALL BE BE REPEALED; PROVIDC_A... Atit) - -- ING A SAVINGS CLAUOR PESLICA PROVIONIDING —TEAR ALO THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT THE OFFICIAL NEWS INGEANAEFFECTIVE DATE.SECTION XIV REMIT TO : 400 W . SEVENTH , FW, TX 76102 PENALTY Any person,firm or corpo- Fration who violates,disobeys omits neglects or refuses T r �. � �i ne9 f+t.dl.� 1(„ �; ► e�ylr�vy�y(�y (yy��yy��yyrryhrtmyr,v �y y .,y�1-2051 comply with or who resists � '/R`/R ll�Y1'A�/�T'R'/�'/�Wl�'/1 X���>)Q enforcement ofrdinan any of hepr �ar ram visions of this ordinance shal be fined not more than FMfo ACCOUNT (I T 5 7 AMOUNT 29 . 20 Hundred Dollars 5500.00)for each offense.Each day that a NUMBER DUE violation is permitted To exist shall constitute a separate of- fense.of Southiake Sandra L.LeGrand PAGE 1 OF 1 City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 29. 20 PLEASE PAY hi, SOUTHLAKE TX 76092-8898 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED