Loading...
OR 179 Authorizes the erection of traffic control devices AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 179 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DEFINING THE TERM "TRAFFIC CONTROL DEVICE"; AUTHORIZING THE ERECTION OF TRAFFIC CONTROL DEVICES; MAKING IT UNLAWFUL TO FAIL TO OBEY A TRAFFIC CONTROL DEVICE; ESTABLISHING THE POSITION OF DIRECTOR OF TRAFFIC CONTROL; PROVIDING THAT ALL TRAFFIC CONTROL DEVICES, HEREINAFTER ERECTED WITHIN THE CITY SHALL CONFORM TO THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGH- WAYS, VOLUMES I AND II; PROVIDING EXEMPTIONS FOR EMERGENCY VEHI- CLES; MAKING IT UNLAWFUL TO PLACE, MAINTAIN OR DISPLAY UNAUTHORIZED SIGNS, SIGNALS, OR DEVICES; PROHIBITING COMMERCIAL ADVERTISING SIGNS UPON PUBLIC WAYS; DECLARING COMMERCIAL ADVERTISING SIGNS UPON PUBLIC WAYS TO BE A PUBLIC NUISANCE; MAKING IT UNLAWFUL TO ALTER, DEFACE, INJURE, KNOCK DOWN OR REMOVE ANY TRAFFIC CONTROL DEVICE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND SPECIFICALLY REPEALING ORDINANCE NO. 78 AND ORDINANCE NO. 136; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. DEFINITION. The term "traffic control device" as that term is used in this ordinance, shall mean any sign, signal or marking, including markings upon pavement and curbs, installed within the City at the direction of the director of traffic control for the purpose of directing and controlling traffic within the City or to guide or warn traffic within the City. SECTION 2. TRAFFIC CONTROL DEVICES. The director of traffic control shall place and maintain traffic control devices as he may deem necessary to regulate traffic under the ordinm~ces of the City and the laws of this State or to guide or warn traffic. SECTION 3. OBEDIENCE TO TRAFFIC CONTROL DEVICES. The driver of any vehicle or animal shall obey the instructions of any traffic control device applicable thereto placed in accordance with this ordinance or other traffic ordi- nances of the City, unless otherwise directed by a police officer, subject to the exceptions granted herein to the driver of an authorized emergency vehicle. SECTION 4. DIRECTOR OF TRAFFIC CONTROL. In absence of specific appointment, the Chief of Police shall be the director of traffic control. SECTION 5. UNIFORm4 TRAFFIC CONTROL DEVICES. All traffic control devices, hereinafter erected within the City, shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, Volumes I and II (hereinafter called the Manual). SECTION 6. EXCEPTIONS FOR EMERGENCY VEHICLES. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the con- ditions herein stated. driver of an authorized emergency vehicle (a) The may: (1) Park or stand, irrespective of the provi- sions of this ordinance; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as he does not endanger life or property; provided, however, in no event shall an ambulance operating as an authorized emergency vehicle, exceed a speed of ten (10) miles per hour greater than the authorized posted speed limit on the route of travel of such ambulance; (4) Disregard regulations governing direction of movement or turning in specified directions. (b) The exemptions herein granted to the driver of an authorized emergency vehicle shall apply only when such vehicle is making use of audible siren, exhaust whistle or bell as may be reasonably necessary, and visual signals from signal lamps mounted as high and as widely spaced laterally as practical, which are capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level, having sufficient intensity to be visible at 500 feet in normal sunlight, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle and need not be equipped with alternately flashing red lights. (c) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. SECTION 7. ~qAUTHORIZED SIGNS, SIGNALS OR DEVICES. It shall be unlawful for any person to place, maintain or display upon or in view of any highway, street or alley any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. SECTION 8. PROHIBITING COMMERCIAL ADVERTISING. NO person shall place or maintain nor shall any public authority permit upon any highway, street or alley any traffic sign or signal bearing thereon any commercial advertising. This section shall not be deemed to prohibit the erection upon pri- vate property adjacent to highways, streets or alleys of signs giving useful directional information and of a type that cannot be mistaken for official traffic control devices. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the Chief of Police is hereby empowered to remove the same or cause it to be moved without notice. SECTION 9. UNLAWFUL INTERFERENCE. It shall be unlawful for any person without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device, sign or signal or any railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof. SECTION 10. DUTY TO ERECT. The director of traffic control shall determine the necessity for installing traffic control devices based upon all relevant facts and such traffic study as he shall deem necessary. He shall report such findings to the City Council. He shall have the duty to install, erect and maintain all traffic control devices within the City, or cause the same to be done, in accordance with this ordinance and consistent with the above-mentioned Manual. Whenever the director of traffic control has erected and installed any official traffic control device at any location within the City, or has caused the same to be done under his direction, he shall thereafter file a report with the City Secretary in writing, stating the type of traffic control device, and when and where the same was erected and installed. The City Secretary shall file and maintain such report of the director of traffic control along with the official papers of the office of the City Secretary. SECTION 11. PRIMA FACIE PROOF. In any prosecution for failure to obey a traffic control device or in any prosecution for violation of this ordinance, or any other traffic ordinance of the City, proof that a traffic control device was actually in place on any street shall constitute prima facie evidence that the same was installed by the director of traffic control pursuant to the authority of this ordinance and of the ordinances direct- ing the installation of such traffic control device, and that such device is an official traffic control device of the City. SECTION 12. REPEALING CLAUSE. All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Ordinance No. 78 and Ordinance No. 136 are hereby specifically repealed. SECTION 13. SEVERABILITY CLAUSE. If any article, paragraph or subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 14. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day such offense is con- tinued shall constitute a new and separate offense. SECTION 15. EFFECTIVE DATE. This ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, on this the ~ day of ~' ~ APPROVED: ATTEST: MAYOR APPROVED AS TO FORM: '*