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HomeMy WebLinkAboutOrdinances (O-73-112)-02/13/1973 , l. 0/ .l\ 'i?J ll-Y ~ uJ \J 6~02 PIIGr415 IU.R-30-Tl 2 1 2 09 VOL;,; CITY OF COLLEYVILLE VuLlJ1.3 TARRANT COUNTY ORDINANCE NO. 0-73-11~ lS - WO --riI "P}.."! '" .fl1:::... ... ~ lr .lJ it::: I~,O /../ 7 .- AN ORDINANCE RELATING TO AND REGULATING THE TRAFFIC AND THE USE OF THE PCBLIC STREET'S, HIGHWAYS, ROADWAYS AND SIDEWALKS OF THE CITY OF COLLEYVILLE, TEXAS, BY MO'l'OR AND OTHER VEHICLES OF ALL KINDS, AND PEDESTRIANS; ESTAB- LISHING A SPEED LIMIT FOR ALL STREET'S WITHIN THE SAID CITY, AS WELL AS A SPEED LIMIT IN SCHOOL ZONES SITUATED THEREIN; PROVIDING REGULATIONS FOR THE LOCATION OF BOULEVARD STOP SIGNS AND STOPPING AT THE SAME; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF SAID REGULATIONS SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON COli'VICTION THEREOF SHALL BE FINED IN A SUM NO'I' IN EXCESS OF TWO HUN- DRED ($200.00) DOLLARS; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING FOR A SAVING CLAUSE; AND FURTHER PROVIDING THAT SUCH ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS PROVIDED BY LAW. WHEREAS, Article 6701d of the Revised Civil Statutes of 1925, as amended, being a uniform act requiring traffic on the highways of the State of Texas, and Article 827a of the Penal Code of the State of Texas, further regulating the speed of vehicles on the Highways of said State, provided that all cities, towns and villages may adopt such regulations not inconsistent with the aforementioned statutes; and, WHEREAS, there are conditions existing in said City endangering the life, health and safety of the publiC and there exists a publiC necessity for the immediate preservation of publiC health and safety; BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN UF COLLEYVILLE, TEXAS: I. DEFINITIONS Whenever in this ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section. POLICE DEPARTMENT - The Police Department of the City, acting directly, or through its duly authorized officers or agents. CHIEF OF POLICE as used in this ordinance shall be synonymous w.ith term "City or Town Marshal". PERSONS - Every natural person, firm, co-partnership, assoC- iation or corporation. DRIVER - Every person who drives or is in actual physical control of a vehicle. .-.. VOL 6~~02 Pt\Gf"416 OWNER - A person who hold s the legEol title of a vehicle or in the event a vehicle is the subject of an agreement for the condit.ional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event of a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this ordinance. VOLUME --0;; PAGE ff'_ STREET OR HIGHWAY - 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. PRIVATE ROAD OR DRIVEWAY - Every way or place In private owner- ship and used for vehicular travel by the owner and those havlng express or implied permlsslon from the owner but not by other persons. ROADWAY - That portion of a highway improved, designed, or ord.in- arilY used for vehlcular travel. 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 cOllectlvely. SIDEWALK - That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property Ilnes in- tended for the use of pedestrians. LANED ROADWAY - A roadway which ls divided into two or more clearly marked lanes for vehicular trafflc. THROUGH HIGHWAY - Every highway or portion thereof at the en- trance to which vehlcular traffic from imtersecting highways is re- quired by law to stop before entering or crossing the same and when stop signs are erected as provided In this Act. LIMITED - ACCESS OR CONTROLLED ACCESS HIGHWAY -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 authorlty having jurisdiction over such highway, street or roadway. INTERSECTION- The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundry lines of the roadways of two (2) highways which join one another at, or approximately at, r.ight angles, or the area wl th.in which vehicles traveling upon different highways joining at any other angle may come in confllct. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every cross.ing of each roadway of such div.ided high- way by an intersecting h.ighway shall be regarded as a separate .intersect.ion. 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 highways shall be regarded as a separate intersection. -2- Ordinance 0-73-112 VOL 6~~02 PAGF 417 Vu1ulE 1J[ ;:; A r: 1;": q-- _ ...... ..i..U j;J --'---.... ,- CROSSWALK - That portion of a roadway ordinar,ily included within the prolongation or connection of curt and property lines at inter- section, or any other portion of a roadway clearly indicated for pedestrians crossing by lines or other markings on the surface. Any portion of a roadway at any ,intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other mark- ings on the surfaces. SAFETY ZOnES - The area or space officially set apart within a roadway for the exclusive use of pedestrians and wh,ichis protected oris so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (a) BUSINESS DISTRICT - The territory contiguous to and incl uding a roadway when w,i thin any six hundred (600) feet along such roadway there are buildings in use for business or industrial pur- poses which occupy three hundred (300) feet of frontage on one side or three hundred (JOO) feet collectively on both sides of the road- way. (b) RESIDENCE DISTRICT - The territory contiguous to and in- cluding a highway not comprising a business district when the property on $Uch 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. VEHICLE - Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power. MOTOR VEHICLE - Every vehicle as herein defined, which is self- propelled. MOTORCYCLE - Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (J) wheels in contact with the ground but excluding a tractor. AUTHORIZED EMERGENCY 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, and emergency vehicles of municipal departments or public service corporations as are designated or author.ized by the governing body of an incorporated town. RIGHT-OF-WAY - The pr.iv.ilege of the .immed.iate use of the street or highway. OFFICIAL TRAFFIC SIGNS - All signs, markings and dev.ices other than signals, not .inconsistent with this ordinance, placed or erected by author.ity of a public body or official having jurisd.ict.ion, for the purpose of gu.iding, d.irecting, warn.ing or regulating traffic. ~' TRAFFIC CONTROL SIGNAL - Any device, whether manually, elec- trically or mechanically operated, by which traffic .is alternately directed to stop and proceed. -3- Ordinance 0-73-112 VOL 6~~02 PAGf418 VOLUME 1ffPAGE IIJ ~ -- RAILROAD SIGN OR SIGNAL - 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. TRAFFIC - Pedestrians, ridden or herded animals, vehicles, street wars, and other conveyances, either singly or together while using any highway for purposes of travel. PARKING - The standing of vehicle, whether occupied or not, upon a roadway, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading, or in obedience to traffic signs or signals. POLICE OFFICER - Every officer of the City Police Department or any other officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations. CITY - The word "City" shall mean City of Colleyville, Texas. II. CHIEF OF POLICE TO DIRECT TRAFFIC It shall be the duty of the Police Department of the City to enforce the provisions of this ordinance. Officers of the Police Department are hereby authorized to direct all traffic either in person or by means of visible or audible signals in conformance with the provisions of this ordinance, provided that in the event of a fire or other emergency or to expedite traffic or safequard pedestrians, officers of the Police Department and Fire Department may direct traffic,as conditions require, notwithstanding the provisions of this ordinance. III. CHIEF OF POLICE AillHORIZED TO ADOPT EMERGENCY REGULATIONS The Chief of Pol.ice is hereby empowered to mal\:e and enforce regulations necessary to make effective the provisions of this ord.inance and to mal\:e and enforce temporary regulat ions to cover emergencies or special conditions. IV. OBEDIENCE TO CHIEF OF POLICE It shall be unlawful for any person to wilfully refuse to or fail to comply with any lawful order, signal or direction of any police officer invested by law with authority to direct, control or regulate traffic. .. V. PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS -4- Ordinance 0-73-112 VOL 6~~H~2 PA;;r419 VOLUME J1{PAGm // .:1 Public Employees to Obey Traffic Regulations (conttd) The provisions of this ordinance shall apply to the driver of any vehicle owned by or used in the service of the United States Government, any State, County, City Town or Village, and it shall be unlawful for any said driver to violate any of the provisions of this ordinance, except as otherwise permitted herein or in the uniform traffic act of the State of Texas. VI. EXEPTIONS TO AUTHORIZED EMERGENCY VEHICLES A. The provisions of this ordinance regulating the movement, parlring, and standing of vehicles shall not apply to authorized emergency vehicles as defined in this ordinance while the driver of such vehicle is operating the same in an emergency in the necessary performance of public duties. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others. B. The driver of any authorized emergency vehicle when re- sponding to an emergency call upon approaching a red or stop signal, or any stop signs, shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal. c. No driver of any authorized emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is operated in response to an emergency call or in the .immed.iate pursuit of an actual or suspected violator of the law. VII. TRAFFIC SIGNS The Chief of Police is hereby authorized, and as to all traffic signs and signals required hereunder, it shall be his duty to place and maintain or cause to be placed and maintained, all such official traffic signs and signals at whatever points and places he may deem necessary for the protection of the general public, providing that such signs and signals are uniform and location thereof is not contrary to provisions of the Uniform Traffic Code of the State of Texas. VIII. DISPLAY OF UNAUTHORIZED SIGNS AND SIGNALS PROHIBITED ~ It shall be unlawful for any person to place or maintain or to display upon or in view of any street and unofficial traffic sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view or -5- Ordinance 0-73-112 VIII (Cont'd) 6( Jon '" ()O' VOL I..; ~ P/\tJ4...... _. 1i. ,,,,", - .: .~ ,..'. ' ____ __u. .._ /J.. ./ ,--- interferes with the effectiveness of any official sign or signal. The Chief of Police or any officer under his direction, is herepy empowered to remove every such prohibited sign, signal or device, or cause it to be removed, without notice. IX. CHIEF OF POLICE AUTHORIZED TO DESIGNATE CROSSWALKS A. The Chief of Police is hereby authorized to establish and to designate and shall thereafter maintain or cause to be maintained, by appropriate devices, marks or lines upon the surface of the road- way, crosswalks at intersections where in his opinbn there is parti- cular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary. B. All pedestrians shall strictly comply with the directions of an official traffic control signal and are prohiited from crossing any roadway in a business district or any designated high- ways where crosswallrs have been .installed. X. INTERFERENCE WITH SIGNS It shall be unlawful for any person to wilfully deface, ,injure, move obstruct or interfer with any official sign or signal. XI. CHIEF OF POLICE AUTHORIZED TO DESIGNATE SAFETY ZONES AND LANES FOR TRAFFIC A. The Chief of Police is hereby empowered to establish safety zones of such kind and character and at. such places as he may deem necessary for the protection of pedestrians. B. The Chief of Police is also authorized to make lanes for traffic on street pavements at such places as he may deem advisable, consistant with the provisions of this ordinance. XII. STOP BEFORE ENTERING A THROUGH STREET --... A. The driver of any vehicle on the streets or thoroughfares of the City shall bring the vehicle that he or she is driving to a full and complete stop when approaching the intersection of any street or thoroughfare where a stop sign, signal or other device has teen placed indicating that said vehicle should stop before passing over the curb line of such intersecting street or other thoroughfare and that such full and complete stop shall be made within fifteen (15) feet of the nearest side of the street or thoroughfare being approached. -6- Ordinance 0-73-112 VOL 6~~02 p/\fir421. VOLm[E~~.AG"E L=J B. It shall be unlawful for any person, except a member of the Police Department or someone acting under the direction of the Chief of Police, to place any stop sign or signal of any kind upon streets, alleys or thoroughfares of the City, and the Chief of Police shall be authorized to designate the location of such stop signs, signals, or devices at boulevard intersections. XIII. STOPPING PROHIBITED IN SPECIFIC PLACES It shall be unlawful for the driver of a vehicle to stop, stand or parlc such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in com- pliance with the directions of a police officer or traffic control signs or signal; ~ A. Within an intersection. B. On a crosswalk. C. Within twenty (20) feet of a Crosswalk at an intersection. D. In any safety zone as officially marked by the Chief of Police or by any person under his direction. ~ E. Within twenty-five (25) feet from the intersection of curb lines, or, if none, then within flfteen (15) feet of the intersection of property lines at an intersection, except at alleys. F. Within thirty (30) feet upon the approach to a flashing beacon, stop sign or traffic control signal located at the side of the roadway. G. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; H. Within fifty (50) feet of the nearest rail of a railroad crossing; I. Wi thin any area des ignated and mar Iced as a "No Parking" area, with official "No Parlcing" signs or other markings as may be installed, in front of any theatre or larger buildings where public entertain- ment and meetings are held. J. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted); K. Within fifteen (15) feet of a fire hydrant. L. In front of a public or private driveway. M. On a sidewalk N. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic. O. On the road_way side of any vehicle stopped or parlced at the edge of curb of a street. P. It shall be unlawful for any driver to park a vehicle with- in an alley. Q. At any place where official traffic signs have been erected prohibiting standing and parking. R. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. -7- Ordinance 0-73-112 6r)(Jn 4' . n VOL (""." P/.Gr ~~ XIV. 1TU"L,: .,,...., ::I1L ~ u ". J.~' P 1\ GH!' - ...... J..:-' /1 r- STANDIKG FOR LOADING OR UNLOADING ONLY IN CERTAIN PLACES A. The Chief of Police shall have authority to determine the location of passenger zones and loading zones and shall erect and maintain, or cause to be maintained, appropriate signs indicating the same. . B. It shall be unlawful for the driver of a vehicle to stop, stand or park said vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers in any place marleed as a passenger zone. C. It shall be unlawful for the driver of a vehicle to stop, stand or parle said vehicle for a period of time longer than .is necessary for the expeditious loading or unloading of passengers, or for the unloading and delivery or pickup and load.ing of mater.ials, in any place marleed as a loading zone. In no Case shall the stop for loading and unloading of materials exceed f.ifteen (15) minutes. XV. PARKING PROHIBITED IN C~~TAIN PLACES A. It shall be unlawful for any driver to stop, stand or park any vehicle upon a street in such manner or under such conditions as to leave available less than ten (10) feet of the width of the road- way for free movement of vehicular traffic, except that a driver may stop temporarily during actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signs of a police officer. B. It shall be unlawful for any driver or owner to parle any vehicle or permit the same to be parl~ed, stand or remain adjacent to any parlrnay, neutral strip or subway approach situated or being in any roadway. C. It shall be unlawful for any driver or owner to parle any vehicle or permit the same to be parlced, stand, or remain on the roadway of any bridge, viaduct or subway, or the roadway of the approach to any bridge, viaduct or subway. XVI. e=L~ - $EF' 'YlII\JU""IFS 2-/3-73 [[!c"uc/L /l7ecn;t./t' ALL NICHT P..I\"RKDJC PROHIBITED .:- J /-..., It ohall be unlawf'.......l for th~ grlY~r of lil:r~T u~h.i~le to park ~aid vehicl~ on any paued \Otr~lSt for a plSriod of t.imlS longer th9n thirt;)l (30) minuteo between the houro of 2,00 A.M. and 6.00 A.M:. of any day. -8- Ordinance 0-73-112 VOL 6202 PA~r 4~3 VOLUME jJf- PAGE !5 XVI 1. STANDING OR PARKING CLOSE TO CURB Except when necessary in obedience to traffic regulations or traffic signs or signals, the driver of any vehicle shall not stop, stand or park any vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of traffic, and with the curbside wheels of the vehicle within eighteen (18) inches of the edge of the roadway, except where streets have been marlred for angle or head-in parking. XVIII. OPERATION OF' VEHICLFB ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES Upon the approach of any authorized emergency veh.icle or vehicles giving audible signal by bell, siren or exhaust whistle, the driver of every other vehicle shall immediately drive the same to a position as near as possible and para.llel to the right hand edge or curb of the stree, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless other~gise directed by a police officer. XIX. FOLLOWING FIRE APPARATUS PROHIBITED It shall be unlawful for the driver of any vehicle, other than an official business, to follow closer than five hVIJdrec1 (500) feet to any fire apparatus traveling in response to a fire a.larm, or to drive into or stop any vehicle 'ttJi thin the bloclr where the fire apparatus has stopped in answer to a fire alarm. XX. CROSSING FIRE: HOSE No vehicle shall be driven over any unprotrected hose of a Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire, without consent of the Fire Marshal or F.ire Department official in command. XXI. UNLAWFUL TO DRIVE THROUGH PROCESSION UNLESS DIRECTED BY TRAFFIC CONTROL SIGNALS OR BY POLICE OFFICER It shall be unlawful for the driver of any vehicle to drive between the vehicles comprising a funeral or between other auth- orized processions while they are in motion, provided that said vehicles are conspicuously so designated. The provision shall not apply to intersection where traffic is controlled by traffic control signals or police officers. -9- Ordinance 0-73-112 VOLiJ1/;Z*_PAGE /~ VOL 6~~02 PlIsr 4~4 XXII. ~ OVERTAKING AND PASSING SCHOOL BUS. The driver of a vehicle upon a highway and/or public stre~t inside or outside of a business or residential district upon me~t- ing or overtal(ing from e.i ther dlrection any school bus wh.ich has stopped on the highway and/or publlc street for the purpose of re- celving or discharging any school children shall stop the vehicle before reaching such school bus when there ls in operation on said school bus a visual slgnal as specified in Article XIII section 124 of VCS 6701 D., and said driver shall not pass or proceed until such school bus resumes motion or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. XXIII. EMERGING FROM ALLEY OR PRIVATE DRIVEWAY The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sldewaH( or onto the sidewalk area extending across any alleyway. XXIV. CLINGING TO f'iOVING VEHICLES It shall be unlawful for any person travelling upon any b iaycle:s, motorcycle, coaster, sled, roller sJrates, or any toy vehicle to cling to or attach himself or his vehicle to any other moving vehicle upon any roadway. xxv. TURNING A'll INTERSECTICNS The driver of a vehicle intending to turn at an intersection shall do so as follows, unless a different method of turn.ing 1s ci5 reetec3 by buttons, markers or sj.gr"s at jntersections, in which event turns shall be made In accordance with the directions of such marlrers, buttons or s.igns: A. Approach for a right iturn shall be made in the lane for traffic nearest to the right-hand side of the roadway and right- hand curb or edge of the roadway. B. Approach for left turn shall be made in the lane for traffic to the right of and nearest to the center line of the road- way, and the left turn shall be made by passing to the right of such center line where it enters the intersection and upon leaving the intersection by passing to the right of the center line of the road- way then entered. ~ -10- Ordinance 0-73-112 VOL 62(J~2 PAGr4:~5 XXVI. -::IlL.;. 17 ,.-- SPEED LIMI'r A. It shall be unlawful for any person or persons to run, drive, direct or permit the running or driving of any motor-driven vehicle, in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial or residential districts within the corporate limits of the City at a greater rate of speed than thirty (30) miles per hour unless otherwise posted; it shall be unlawful for any person or persons to run, drive or permit the runn.ing or driving of any vehicles, designated as sch601 safety zones, and a$ marked by signs erected on the said roads, streets and highways, during the school season and between the hours of 7:30 A.M. and 4:30 P.M. at a greater rate of speed than twenty (20) m.iles per hour. B. The above sub-section shall not apply to emergency vehicles as is herein defined when responding to emergency calls. C. Nothing in this provision shall be construed as prohibit- ing the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal or device directing the movement of traffic. D. The driver of any vehicle passing a school building or the grounds thereof during school recess or while children are going to or leaving school during the opening or closing hours, shall bring said vehicle to a full and complete stop where signs have been erected indicating the proximity of a school or school grounds, and the Chief of Police is hereby authorized to erect and maintain signs in conformity with this section. XXVII. PROHIBITING THE USE OF A SIREN EXCEPT BY A POLICE OFFICER OR PERSONS OPERATING A FIRE TRUCK OR AN AMBULANCE It shall be unlawful for anyone except a police officer, or one operating a fire truclc, ambulance or private vehicles operated by volunteer firemen while answering a fire alarm, to use a siren on such vehicle provided those who are permitted to use a siren, shall be required to use the same, when emergency call is being made. No s ren shall be used, except an electtric dr.i ven siren of a shrill pierCing tone capable of being heard several blocks in advance of a moving vehicle. XXVIII. REPORTS A. Any person in charge of a garage or repair shop situated within the City, to which is brought any motor veh.icle whlch shows evldence of having been involved in an accident, or struck by any bullet, shall report the same to the Police Department within twenty-four (24) hours after such motor vehicle is received, giving the engine number, registration number and and name and address of the owner of such vehicle -11- ORDinance 0-73-112 6f)02 . )(..~ VOL (",J "" PAGr4:.u VOLT~~ _~PAGm IS B. Any person, driver of a vehicle involved in any accident, shall file with the Police Department of the City a report of such accident, giving full details thereof and such report shall be for the confidential use of the Police Department and be subject to the provisions of Section 47 of the Uniform Traffic Code of the State of Texas. XXIX. OFFENSE BY PERSONS OWNING OR CONTROLLING VEHICLES A. It is unlaw.ful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicles upon a highway in any manner contrary to law. B. Whenever any person is arrested for any violation of this Ordinance punishable as a misdemeanor, the arrested person shall be immediately taken before a magistrate within the County in which the offense charged is alleged to have been committed and who has jurisdiction of such offense and is nearest or most acc- essible with reference to the place where said arrest is made, .in any of the following cases: 1. When a person arrested demands an immediate appearance before a magistrate. 2. When the person .is arrested upon a charge of negligent homicide. 3. When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs. 4. When the person is arrested upon a charge of fa,ilure to stop in the event of an accident, causing death, personal injuries, or damage to property. 5. In any other event when the person arrested re- fuses to give h,is written promises to appear in court as hereinafter provided. ~ C. Whenever a person is arrested for any violation of this ord.inance punishable as a misdemeanor, ~nd such person is not immediately taken before a magistrate as hereinbefore requ.ired, the arresting officer shall prepare in duplicate written notice to appear in court containing the name and address of such person~ the l.icense number of his vehicle, if any, the offense chargrd, and the time and place when and where such person shall appear .in court. Provided, however, that the offense of speed.ing shall be the only offense making mandatory the issuance of a wr.itten not.ice to appear in cou~t, and only then .if the arrested person gives his wri tten pro-miseto appear in court, by sign.ing ,in dupl.icate the written notice prepared by the arresting officer; and provided further that it shall not be mandatory for an officer to give a written -12- Ordinance 0-73-112 6f)on 4")r-j VOL (_ ~ P/.Gf ... I VOLU'J:I~ -1Jf "PAGE /9 notice to appear in court to any person arrested for the offense of speeding when such person is operating a vehicle licensed in a state or country other than the State of Texas. D. The time specified in said notice to appear must be at least fifteen (15) days after such arrest unless the person arrested shall demand an earlier hearing. E. The place specified in said notice to appear must be be- fore a magistrate w.ithin the City or . County in which the offense charged is alleged to have been committed and who has jurisdiction of such offense. F. The arrested person in order to secure release as provided in this section, must give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of said notice shall be retaiD80 by said officer and the copy thereof delivered to the person arrested. Thereupon, said officer shall forthwith release the person arrested, from custody. G. Any person willfully violating his written promise to appear in court, given as provided in this section, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. H. A written promise to appear in court may be complied with by any appearance by counsel. I. The foregoing provisions of this Section shall govern all police officers in making arrests without a warrant for violations of this Ordinance, but the procedure prescribed herein shall not otherwise be exclusive of any other method nrescribed by law for the arrest of a person for an offense of \ lilce grade. J. Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office. XXX. PENALTY OF ORDINANCE Any person who shall violate any of the provisions of this ordinance or any rule or regulation made by the Chief of Police pursuant thereto shall be guilty of a misdemeanor~ and, upon con- viction thereof, shall be fined not to exceed two hundred (200.00) dollars. XXXI. EFFECT OF ORDINANCE .~ If any section, subsection, sentence, clause or phrase of this ord.inance is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining -13- r- .---- Ordinance 0-73-112 VOL6~~02 PAGr4~9 > ,'",> " :n.,:~,~:~ v', e2..0 ':', ~ .j ~ "'''.... - portions of this ordinance. The Ci~y -C;~~~I~h~r~gy,.}d~;&lares that it would have passed this ordinance and each'se~:tiQ-n, sub- section, senten~e1 ~ta\J~~.~~r) ph~as,e thereof, even if it !'1ad Imown that anyone or mo~~ ~~c~~ons;'sub~ections, sentences, clauses or phrases would be declared unconstitutional. t~ . t Nl t .' :XXXII. ! ORDINANCES RELA~ING TO VEHICLES . ...:1 .. '. Nothing in thi~3rJ:r4;:P~1i~~ '(sH~;'{i':'affect or repeal in any way any ordinance now or hereafter'ena~ted, relating to the operation of jitneys, motor busses, cabs or other vehicles using the streets of the City for hire and ordinances relating to such are hereby in- tended and declared to remain in full force and effect. XXXIII. PURPOSE - TRAFFIC CODE The purpose of this traffic code is declared to be a police regulation designed and intended for the preservation of the publiC peace, health and safety of a rapidly expanding population. XXXIV. REPEAL OF ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed. xxxv. EFFECT IVE DAT E This ordinance shall become effective and be in full force and effect from and after the date of its adoption and publica- tion as by law provided. ADOPTED this /3' day of ~~(l A. D. 1973. APPROVED: -' . , - '-'."l~ ~ . . > !",. . . :Al'TEsT : ~' ~/ ~ C7t~~~'. tt7)U<-~ M. LISE RAMEY, City ecretar)V -14-