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