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HomeMy WebLinkAboutOrdinance No. 300 ORDINANCE NO. J�f�D AN ORDINANCE PROVIDING FOR AND ESTABLISHING RULES AND REGULATIOP75 GOVERNIPIG VEHICULAR AND PEDESTRIAN TRAFFIC ON THE PUBLIC STREETS WITHIN THE CITY OF FRIENDSWOOD, TEXAS; CREATING THE OFFICE OF CITY TRAFFIC DIRECTOR; PRESCRIBING THE RESPONSIBILITIES AND AUTHORITIES OF THE CITY TRAFFIC DIRECTOR; PROVIDIPJG FOR THE ESTABLISH- MENT OF TRAFFIC COP7TROL DEVICES RFGULATING SPEED, TUNING MOVEMENT, CRO5SWALKS, DIRECTION OF MOVEMENT, STOPPING AND YEILDING, PARKING, AND CLASS AND TYPE OF VEHICULAR TRAFFIC ON CERTAIN STREETS; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; CONTAINING A REPEALING CLAUSE, AND PROVIDING FOR SEVER- ABILITY . * * �r * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section l. CITY TRAFFIC DIRECTOR The Office of City Traffic Director is hereby established. - The City Traffic Director shall be appointed by the City Council and shall exercise the powers and duties with respect to traffic as provided in this ordinance. Section 2 . RESPONSIBZLITY AND AUTHORITY OF CITY TRAFFIC DIRECTOR The City Traffic Director shall have the general re- sponsibility and authority to determine the installation and proper timing and maintenance of traffic-control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the streets and highways of this City, and to cooperate with other officials in the development of ways and means to improve � traffic conditions, and to carry out the additional powers and duties imposed by ordinances of this City. Section 3 . EMERGENCY AND EXPERIMENTAL REGULATIONS (a) The City Traffic Director is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this City and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regu- lation shall remain in effect for more than 90 days. (b) The City Traffic Director may test traffic-control devices under actual conditions of traffic. Section 4 . CITY TRAFFIC DIRECTOR - FURTHER AUTHORITY AND PRESUMPTIONS r (a) Wherever in this ordinance the authority is given to the City Traffic Director to do acts as he deems or, in his opinion, are advisable, or necessary, or desirable, such acts shall be based on his observations and studies, according to generally used, accepted traffic control �principles or techniques. (b) Traffic innovations and experiments , however, are not to be inhibited hereby. (c) Every traffic control device, signal, sign, marker, or marking erected under the direction of the City Traffic Director shall be presumed to have been installed pursuant to his obser- vations and studies, based on generally used and accepted traffic control principles or techniques. (d) Any responsibility or authority imposed or conferred on the City Traffic Director by the provisions of this ordinance may be performed by the City Traffic Director or by those officers, employees, or agents of the City working under his supervision and control and designated by him to perform the same. Section 5. AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS (a) It shall be the duty of the officers of the Police Department or such officers as are assigned by the Chief of Police to enforce all traffic laws of this City and of the State. (b) Officers of the Police Department or such officers . as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance 2. with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedes- trians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic ther_e or in the imraediate ��icinity thereof. Section 6 . REQUIRED OBEDIENCE TO TRAFFIC ORDINANCE It is unlawful for any person to do any act forbidden or fail to perform any act required in this ordinance. Section 7. OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. Section S . USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RES.TRICTED No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar vehicle, shall go upon any roadway except while crossing a street in a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable. Section 9 . AUTHORITY TO INSTALL TRAFFIC-CONTROLL DEVICES The City Traffic Director shall place and maintain official traffic-control devices when required under the traffic ordinances of this City to make effective the provisions of such ordinances, i and may place and maintain such additional official traffic- control devices when he deems such necessary to regulate, warn or guide traffic under the traffic ordinances of this City and State law. Section 10. MANUAL AND SPECIFICATIONS FOR TRAFFIC-CONTROL DEVICES All traffic-control signs, signals, and devices shall 3. . �.0 � ' . . conform to the Manual and specifications approved by the Texas Commission on Highways and Public Transportation. All signs and signals required h�reunder for a particular purpose shall so far as practicable be uniform as to type and location through- out the City. All traffic-control devices so erected and not inconsistent with the provisions of State law and this ordinance shall be official traffic-control devices. Section 11. OFFICIAL TRAFFIC-CONTROL DEVICES - PRESUMPTIONS OF LEGALITY (a) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this ordinance, such devices shall be presumed to have been placed by the official act or direction of lawful authority, un.less the contrary shall be established by competent evidence. ' (b) Any official traffic-control device placed pursuant to the provisions of this ordinance and purporting to conform to the lawful requi�ements pertaining to such devices shall be presumed to comply with the rec�uire:�ents of this crdinance, unless the contrary shall be established by competent evidence. Section 12. CITY TRAFFIC DIRECTOR TO DESIGNATE CROSSWALKS, SI-�FETY ZONES AND TRAFFIC LANES: The City Traffic Director is hereby authorized: (a) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrains crossing the roadway, and at such other places as he may deem necessary. (b) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. (c) To mark traffic lanes upon the roadway of any street or highway where in his opinion a regular alignment of traffic is necessary. 4 . Section 13 . EXISTING DEVICES AFFIRMED AND RATIFIED All traffic-control signs, signals, devices and markings heretofore placed or erected by the Chief Police or other officials or employees of the City and now in use for the pur- poses of regulating, warning or guiding traffic are hereby affirmed, ratified and confirmed to be official traffic control devices; provided, however,. such traffic control devices are not inconsistent with the provisions of State law or this ordinance. Section 14. STATE SPEED LAWS APPLICABLE The State traffic laws regulating the speed of vehicles shall be applicable upon all streets within this City except where the City Traffic Director, upon the basis of an engineering and traffic investigation, determines that other speed limits shall be applicable on specified streets or in certain areas, in which event any speed in excess of the limits specified by the City Traffic Director, when signs are in place giving notice of the speed limit, shall be prima facie evidence that the speed is not reasonable and prudent a.nd that it is unlawful. Section 15. AUTHORITY OF CITY TRAFFIC DIRECTOR (a) Upon the basis of an engineering and traffic investi- gation, the City Traffic Director may decrease maximum speed limits at intersections and outside urban districts and he may increase limits within urban districts. (b) Upon the basis of an engineering and traffic investi- gation, the City Traffic Director shall determine the maximum � speed limits on arterial streets. (c) Speed limits established pursuant to this section shall be applicable at all times, unless specific times of application are indicated by official traffic control devices. Section 16 . AUTHORITY TO PLACE DEVICES ALTERING OR RESTRIC- TING TURNS 5. The City Traffic Director is authorized: (a) To place official traffic control devices within or adjacent to intersections indicating the course to b e traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than prescribed by law. (b) To determine those intersections at which drivers of vehicles shall not make a right, left or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indi- cated on the signs or they may be removed when such turns are permitted. Section 17. AUTHORITY TO SIGN ONE-WAY STREETS AND ALLEYS - AT1D TO RESTRICT DIRECTION OF MOVEMENT ON STREETS The City Traffic Director is hereby authorized: (a) To determine and designate one-way streets or alleys and shall place and maintain official traffic control devices giving notice thereof. No such designation shall be effective unless such devices are in place. (b) To determine and designate streets, parts of streets , or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers, or other devices to give notice thereof. The City Traffic Director may erect � signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway. Section 18. AUTHORITY FOR STOP SIGNS AND YIELD SIGNS The City Traffic Director is hereby authorized to ereCt and maintain stop signs, yield signs or other official traffic 6 . control devices to designate through streets or to designate intersections or other roadway junctions. Section 19. STOP WHEN TRAFFIC OBSTRUCTED No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the inter- section or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. Section 20. SIGNS OR hSARKINGS INDICATING ANGLE PARKING The City Traffic Director shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any Federal-aid or State Highway within this City unless the Texas Commission on Highways and Public Transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. Section 21. CITY TRAFFIC DIRECTOR TO DESIGNATE LOADING ZONES The City Traffic Director is hereby authorized to determine the location of loading zones and passenger loading zones and shall place and maintain appropriate signs indicating the same and stating the hours when the regulations applicable to such loading zones are applicable. Section 22. STANDING IPd PASSENGER LOADING ZONE No person shall stop, stand, or park a vehicle for any r purpose other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to such loading zones are effective, and then only for a period not to exceed three min- utes. Section 23. STANDING IN A LOADING ZONE 7. (a) No person shall stop, stand, or park a vehicle for any purpose other than for the expeditious unloading and deli- very or pick-up and loading of property in any place marked as a loading zone during hours when the regulations applicable to such zones are in effect. In no case shall the stop for loading or unloading of property exceed 30 minutes. (b) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping do�s not interfere with any vehicle which is waiting to enter such zone to load or unload property. Section 24 . AUTHORITY OF CITY TRAFFIC DIRECTOR (a) The City Traffic Director is hereby authorized, � on the basis of an engineering and traffic investigation, to prohibit or limit stopping, standing or parking of vehicles at all times or during specified hours. (c) No prohibition, regulation or limitation relating to stopping, standing or parking imposed under this or any other ordinance of this City shall be effective unless official traffic control devices are erected and in place at the time of an alleged offense and it shall be the duty of the City Traffic Director to erect and maintain such devices. Section 25. GROSS WEIGHT LIMITS The City Traffic Director is hereby authorized ,on the basis of an engineering and traffic investigation, to erect and maintain traffic control devices on any streets or parts � of streets to impose gross weight limits. Section 26 . EXCLUDING SPECIFIED TRAFFIC The City Traffic Director is hereby authorized ,on the basis of an engineering and traffic investigation ,to determine and designate those heavily traveled streets upon which shall 8 . be prohibited any elass or kind of traffic which is found to be incompatible with the normal safe mavement of traffic and shall erect appropriate official traffic control devices. Section 27. PENAL PROVISION Any person who shall violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two-hundred dollars ($200. 00} , Section 28 . REPEALING CLAUSE All ordinances and parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 29 . SEVER.ABILITY If any word, phrase, clause, sentence, paragraph, section, subsection, part, or portion of this ordinance shall be held by any court of competent jurisdiction upon final judgement to be invalid, or unconstitutional, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part so declared to be invalid or uncon- stitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part so declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this the �� day of ��Ci����`�19 7 7. ` PASSED AND APPROVED on second reading this the `��day of ,c�-�v '�----_'—= 1977. --- - -=---- � PASSED AND APPROVED on third and final reading this the 9� day of 197$. 9 . � ����� �� ��� � Ralph L. owe, Mayor ATTEST: � C � c..�_ � x�t � City Secretary APPROVED AS TO FORM: City Attorney , �