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Ordinance #167
Beginning of Traffic Code
ORDINANCE NO. 167
he AN ORDINANCE ENTITLED "THE TRAFFIC CODE OF 1951 ", DEFINING WORDS
AND PHRASES; PRESCRIBING REGULATIONS; PROVIDING FOR PROCEDURE AND
METHODS OF TRAFFIC CONTROL; PROVIDING FOR REPORTS OF ACCIDENTS;
PROHIBITING DRIVING UNDER INFLUENCE OF DRUGS AND PRESCRIBING A
PENALTY THEREFOR; PRESCRIBING DRIVING RULES; PROVIDING FOR SAFETY
MEASURES IN TURNING, STARTING, SIGNALING, AND STOPPING; PRESCRIBING
RIGHT -OF -WAY; PROVIDING FOR PEDESTRAINS ' RIGHTS AND DUTIES; REGU-
LATING SPECIAL STOPS AND RESTRICTED SPEEDS; REGULATING STOPPING,
STANDING, AND PARKING; MISCELLANEOUS RULES; REGULATING EQUIPMENT ON
VEHICLES; PROVIDING FOR INSPECTION OF VEHICLES; PRESCRIBING A PEN-
ALTY FOR VIOLATION OF THIS ORDINANCE; PRESCRIBING PROCEDURE TON
ARREST; PRESCRIBING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING A SAVING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS.
This Ordinance shall be entitled "THE TRAFFIC CODE OF 1951."
ARTICLE I - WORDS AND PHRASES DEFINED
Section 1. The following words and phrases when used in this
Ordinance shall for the purpose of this Ordinance, have the mean-
ings respectively ascribed to them in this Article.
Vehicles and Equipment Defined
Section 2. (a) Vehicle. Every device in, upon, or by which
any person or property is or may be transported or drawn upon a
street or highway, except devices moved by human power or used ex-
clusively upon stationary rails or tracks.
(b) Motor Vehicle. 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. 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.
(d) Authorized Emergency Vehicle, Vehicles of the fire depart-
ment (fire patrol), police vehicles, and such ambulances and emer-
gency vehicles of municipal departments or public service corpora-
tions as are designated or authorized by the police commissioner or
the chief of police of the city,
(e) School Bus. Every motor vehicle owned by a public or
governmental agency and operated for the transportation of children
to or from school or privately owned and operated for compensation
for the transportation of children to or from school.
Tractors
Section 3. (a) Truck Tractor. Every motor vehicle designed
and used primarily for drawing other vehicles and not so constructed
ir
as to carry a load other than a part of the weight of the vehicle
and load so drawn.
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Ordinance No. 167 - Page 2
(b) Farm Tractor. Every motor vehicle designed and used pri-
marily as a farm implement for drawing plows, mowing machines, and
other implements of husbandry.
(c) Road Tractor. 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.
Truck and Bus
Section 4. (a) Truck. Every motor vehicle designed, used,
or maintained primarily for the transportation of property.
(b) Bus. 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.
Trailers
Section 5. (a) Trailer. Every vehicle with or without mo-
tive 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.
(b) Semi - Trailer. Every vehicle with or without motive power
rd other than a pole trailer, designed for carrying persons or property
and for being drawn by a motor vehicle and so constructed that some
part of its weight and that of its load rests upon or is carried by
another vehicle.
(c) Pole Trailer. 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 mem-
bers capable, generally, of sustaining themselves as beams between
the supporting connections.
(d) House Trailer. Every vehicle without automotive power
designed for human habitation and for carrying persons and property
upon its own structure and for being drawn by a motor vehicle.
Tires
Section 6. (a) Pneumatic Tire. Every tire in which com-
pressed air is designed to support the load.
(b) Solid Tire. Every tire of rubber or other resilient ma-
terial which does not depend upon compressed air for the support
of the load.
(c) Metal Tire. Every tire the surface of which in contact
with the highway is wholly or partly of metal or other hard non -
resilient material.
r '' Railroads and Street Cars
Section 7. (a) Railroad. A carrier of persons or property
upon cars, other than street cars, operated upon stationary rails.
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Ordinance No. 167 - Page 3
`, (b) Railroad Train. A steam engine, electric or other motor
with or without cars coupled thereto, operated upon rails, except
street cars.
(c) Street Car. A car other than a railroad train for trans-
porting persons or property and operated upon rails principally
within a municipality.
Explosives
Section 8. (a) Explosives. Any chemical compound or mechan-
ical mixture that is commonly used or intended for the purpose of
producing an explosion and which contains any oxidizing and com-
bustive units or other ingredients in such proportions, quantities,
or packing that an ignition by fire, by friction, by concussion, b'r
percussion, or by detonator of any part of the compound or mixture
may cause such a sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing destructible
effects on contiguous objects or of destroying life or limb.
(b) Flammable Fluid. Any liquid which has a flash point of
70 degrees F.o, or less, as determined by a tabliabue or equivalent
closed -cup test device.
Governmental Agencies, Persons, Owners, Etc., Defined
Section 9. (a) Police Commissioner. The Police Commissioner
re of the City of College Station.
(b) Department. The Police Department of the city, acting
directly or through its duly authorized officers and agents.
Person, Pedestrian, Driver
Section 1.0. (a) Person. Every natural person, firm, co-
partnership, association, or corporation.
(b) Pedestrian. Any person afoot.
(c) Driver. Every person who drives or is in actual physical
control of a vehicle.
(d) Owner. A person who holds the legal title of a vehicle
or in the event a vehicle is the subject of an agreement for the
conditional 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 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.
(e) personal Injury. A wound or injury to any part of the
human body which necessitates treatment.
Police Officer
Section 11. Every officer authorized to direct or regulate
r , traffic or to make arrests for violations of traffic regulations.
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Ordinance No. 167 - Page 4
k Highways, Restricted Districts, Zones, Etc., Defined
Section 12. (a) 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.
(b) Private Road or Driveway. Every way or place in private
ownership and used for vehicular travel by the owner and those
having express or implied permission from the owner but not by other
persons.
(c) Roadway. That portion of a street or highway improved,
designed, or ordinarily used for vehicular travel. In the event a
street or highway includes two (2) or more separate roadways sepa-
rately but not to all such roadways collectively.
(d) 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.
(e) Laned Roadway. A roadway which is divided into two or
more clearly marked lanes for vehicular traffic.
(f) Yhrough Highway or Street. Every street or highway or
portion thereof at the entrances to which vehicular traffic from
intersecting highways or streets is required by law to stop before
entering or crossing the same and when stop signs are erected as
provided in this Ordinance.
(g) Limited Access or Controlled Access Highway. Every high-
le way, 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.
Intersection
Section 13. (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 (2) street or highways which
join one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different streets or highways
joining at any other angle may come in conflict.
(b) Where a street or highway includes two (2) roadways
thirty (30) feet or more apart, then every crossing of each roadway
of such divided street or highway by an intersecting street or
highway shall be regarded as a separate intersection. In the event
such intersecting highway or street also includes two (2) roadways
thirty (30) feet or more apart, then every crossing of two (2)
roadways of such streets or highways shall be regarded as a separate
intersection.
Crosswalk
MI Section 14. (a) That part of a roadway at an intersection
included within the connections of the lateral lines of the side-
walks on opposite sides of the highway or street measured from the
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Ordinance No. 167 - Page 5
lir curbs, or in the absence of curbs from the edges of the traversable
roadway.
(b) Any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other
markings on the surfaces.
Safety Zones
Section 15. The area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is protected
or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
Business and Residence Districts
Section 16. (a) Business District. The territory contiguous
to and including a roadway when within any six hundred (600) feet
along such roadway there are buildings in use for business or in-
dustrial purposes which occupy three hundred (300) feet of frontage
on one side or three hundred (300) feet collectively on both sides
of the roadway.
(b) Residence District. The territory contiguous to and in-
cluding a highway or street not comprising a business district when
the property on such street or highway for a distance of three hun-
dred (300) feet or more is in the main improved with residences or
residences and buildings in use for business.
Signals and Devices
Section 17. (a) Official Traffic - Control Devices. All signs,
signals, markings, and devices not inconsistent with this ordinance
placed or erected by authority of the City or official having juris-
diction for the purpose of regulating, warning, or guiding traffic.
(b5 Traffic- Control Signal. Any device, whether manually,
electrically, or mechanically operated, by which traffic is alter-
nately directed to stop and to proceed.
(c) Railroad Sign or Signal. Any sign, signal, or device
erected by authority of the City 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
Section 18. Pedestrians, ridden or herded animals, vehicles,
street cars, and other conveyances either singly or together while
using any street or highway for purposes of travel.
Right- of -Way
Section 19. The privilege of the immediate use of the street
rr or highway.
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Ordinance No. 167 - Page 6
hie ARTICLE II - PRESCRIBING REGULATIONS; OBEDIENCE TO AND EFFECT OF
TRAFFIC LAWS
Provisions of Ordinance Refer to Vehicles upon the
Highways and Streets - Exceptions
Section 20. The provisions of this ordinance relating to the
operation of vehicles refer exclusively to the operation of vehi-
cles upon streets or highways except:
(1) Where a different place is specifically referred to in a
given section;
(2) The provisions of Articles IV and V shall apply upon
streets and highways.
Required Obedience to Traffic Laws
Section 21. It is unlawful and, unless otherwise declared in
this ordinance with respect to particular offenses, it is a mis-
demeanor for any person to do any act forbidden or fail to perform
any act required in this ordinance.
Obedience to Police Officers
Section 22. No person shall willfully fail or refuse to comply
with any lawful order or direction of any police officer invested by
law with authority to direct, control, or regulate traffic.
Public Officers and Employees to Obey Ordinance; Exceptions
Section 23. (a) The provisions of this ordinance applicable
to the driver of vehicles upon the streets or highways shall apply
to the driver of all vehicles owned or operated by the United
States, this State, or any county, City, town, district, or any
other political subdivision of the State, subject to such specific
exceptions as are set forth in this ordinance with reference to
authorized emergency vehicles.
(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.
(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 immediate
pursuit of an actual or suspected violator of the law.
(d) The provisions of this ordinance shall not apply to per-
sons, teams, motor vehicles, and other equipment while actually
engaged in work upon the surface of a street or highway but shall
apply to such persons and vehicles when traveling to or from such
work.
Traffic Laws Apply to Persons Riding Animals or
h. Driving Animal -Drawn Vehicles
Section 24. Every person riding an animal or driving any
animal -drawn vehicle upon a roadway shall be granted all the rights
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Ordinance No. 167 - Page 7
and shall be subject to all of the duties applicable to the driver
of a vehicle by this ordinance except those provisions of this or-
dinance which by their very nature can have no application.
This Ordinance Not to Interfere with Rights of
Owners of Real Estate Property with reference thereto
Section 25. Nothing in this ordinance shall be construed to
prevent the owner of real property used by the public for purposes
of vehicular travel by permission of the owner and not as matter
of right from prohibiting such use, or from requiring other or
different or additional conditions than those specified in this
ordinance or otherwise regulating such use as may seem best to such
owner.
ARTICLE III - TRAFFIC SIGNS. SIGNALS, AND MARKINGS
Section 26. City Manager Authorized to Adopt. The City Man -
ager is authorized and directed to adopt signs and signals to regu-
late, warn, and guide traffic, and the same shall be consistent
with and conform to, in so far as possible.
Section 27. City Manager Authorized to Place. The City Man-
ager is authorized to place and maintain any traffic control devices
or signals as he may deem necessary to continue and carry out the
provisions of this ordinance, subject, however, to the approval of
the City Council.
Section 28. Obedience to Official Traffic - Control Devices.
No driver of a vehicle shall disobey the instructions of any offi-
cial traffic - control device placed in accordance with the provi-
sions of this ordinance, unless at the time otherwise directed by
a police officer.
Section 29. Traffic - Control Signal Legend. Whenever traffic
is controlled by traffic - control signals exhibiting the words "Go ",
"Caution ", or "Stop ", or exhibiting different colored lights suc-
cessively one at a time, or with arrows, the following colors only
shall be used and said terms and lights shall indicate and apply to
drivers of vehicles and pedestrians, as follows:
(a) Green alone or "Go"
(1) Vehicular traffic facing the signal, except when prohib-
ited under Section 28, may proceed straight through or turn right
or left, unless a sign at such place prohibits either such turn.
But vehicular traffic, including vehicles turning right or left,
shall yield the right -of -way to other vehicles and to pedestrians
lawfully within the intersection of an adjacent crosswalk at the
time such signal is exhibited.
(2) Pedestrians facing the signal may proceed across the road-
way within any marked or unmarked crosswalk.
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Ordinance No. 167 - Page 8
kw (b) Yellow alone or "Caution ", when shown following the green
or "Go" signal:
(1) Vehicular traffic facing the signal is thereby warned
that the red or "Stop" signal will be exhibited immediately there-
after, and such vehicular traffic shall not enter or be crossing
the intersection when the red or "Stop" signal is exhibited.
(2) Pedestrians facing such signal are thereby advised that
there is insufficient time to cross the roadway, and any pedestrian
then starting to cross shall yield the right -of -way to all vehicles.
(c) Red alone or "Stop"
(1) Vehicular traffic facing the signal shall stop before
entering the crosswalk on the near side of the intersection, or,
if none, then before entering the intersection and shall remain
standing until green or "Go" is shown alone.
(2) No pedestrian facing such signal shall enter the roadway
unless he can do so safely and without interfering with any vehic-
ular traffic.
(d) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter
the intersection only to make the movement indicated by such arrow
rp but shall yield the right -of -way to pedestrians lawfully within a
crosswalk and to other traffic lawfully using the intersection.
(2) No Pedestrian facing such signal shall enter the roadway
unless he can do so safely and without interfering with any vehic-
ular traffic.
(e) In the event an official traffic - control signal is erected
and maintained at a place other than an intersection, the provisions
of this Section shall be applicable except as to those provisions
which by their nature can have no application. Any stop required
shall be made at a sign or marking on the pavement indicating where
the stop shall be made, but in the absence of any such sign or
marking the stop shall be made at the signal.
Section 30. Pedestrian Walk and Wait Signals. Whenever special
pedestrian - control signals exhibiting the words "Walk" or "Wait" are
in place such signals shall indicate, as follows:
(a) Walk. Pedestrians facing such signal may proceed across
the roadway in the direction of the signal and be given the right -
of -way by the drivers of all vehicles.
(b) Wait. No pedestrian shall start to cross the roadway in
the direction of such signal, but any pedestrian who has partially
completed his crossing on the walk signal shall proceed to a side-
walk or safety island while the wait signal is showing.
Section 31. Flashing Signals. Whenever flashing red or yellow
signals are used, they shall require obedience by vehicular traffic,
as follows:
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Ordinance No. 167 - Page 9
1. Flashing red (stop signal). When a red lens is illuminated
by rapid intermittent flashes, drivers of vehicles shall stop before
entering the nearest crosswalk at an intersection or at a limit line
when marked and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is
illuminated with rapid intermittent flashes, drivers of vehicles may
proceed through the intersection or past such signal only with cau-
tion.
Section. 32. Display of Unauthorized Signs, Signals, or Mark-
ings. (a) No person shall place, maintain, or display upon or in
view of any street or highway any unauthorized sign, signal, mark-
ing, or 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, and no person
shall place or maintain nor shall any public authority permit upon
any street or highway any traffic sign or signal bearing thereon any
commercial advertising. This shall not be deemed to prohibit the
erection upon private property adjacent to streets or highways of
signs giving useful directional information and of a type that can-
not be mistaken for official signs.
(b) Every such prohibited sign, signal, or marking is hereby
declared to be a public nuisance and the authority having jurisdic-
tion over the street or highway is hereby empowered to remove the
same or cause it to be removed without notice.
Section 33. Interference with Official Traffic- Control Devices
or Railroa& Signs or Signals. No person shall without lawful author-
ity attempt to or in fact alter, deface, injure, knock down, or re-
move any official traffic- control device or any railroad sign or
signal or any inscription shield, or insignia thereon, or any other
part thereof.
ARTICLE IV - ACCIDENTS
Section 34. Accidents Involving Death or Personal Injuries.
(a) The driver of any vehicle involved in an accident resulting in
injury to or death of any person shall immediately stop such vehicle
at the scene of such accidents or as close thereto as possible, but
shall then forthwith return to and in every event shall remain at
the scene of the accident until he has fulfilled the requirements of
Section 36. Every such stop shall be made without obstructing traf-
fic more than is necessary.
(b) Any person failing to stop or to comply with said require-
ments under such circumstances shall upon conviction be punished by
charge of fine of not less than $50 :00 and not more than $200.00.
Section 35. Accident Involving Damage to Vehicle. The driver
of any vehicle involved in an accident resulting only in damage to
a vehicle which is driven or attended by another person shall imme-
diately stop such vehicle at the scene of such accident or as close
thereto as possible, but shall forthwith return to and in every
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Ordinance No. 167 - Page 10
r, event shall remain at the scene of such accident until he has ful-
filled the requirements of Section 36. Every such stop shall be
made without obstructing traffic more than is necessary. Any person
failing to stop or to comply with said requirements under such cir-
cumstances shall be fined not less than $25.00 and not more than
$200.00.
Section 36. Duty to Give Information and Render Aid. The
driver of any vehicle involved in an accident resulting in injury
to or death of any person or damage to any vehicle which is driven
or attended by any person shall give his name, address, and the
registration number of the vehicle he is driving, and shall upon
request and if available exhibit his operator's, commercial opera-
tor's, or chauffeur's license to the person struck or the driver or
occupant of or person attending any vehicle collided with, and
shall render to any person injured in such accident reasonable as-
sistance, including the carrying, or the making of arrangements for
the carrying, of such person to a physician, surgeon, or hospital
for medical or surgical treatment if it is apparent that such treat-
ment is necessary or if such carrying is requested by the injured
person.
Section 37, Duty upon Striking Unattended Vehicle. The driver
of any vehicle which collides with and damages any vehicle which is
unattended shall immediately stop and shall then and there either
hof locate and notify the operator or owner of such vehicle of the name
and address of the driver and owner of the vehicle striking the un-
attended vehicle or shall leave in a conspicuous place in, or se-
curely attached to and plainly visible, the vehicle struck, a writ-
ten notice giving the name and address of the driver and of the
owner of the vehicle doing the striking and a statement of the cir-
cumstances thereof.
Section 38. Duty upon Striking Fixtures upon a Street or
Highway. The driver of any vehicle involved in an accident result-
ing only in damage to fixtures legally upon or adjacent to a street
or highway shall take reasonable steps to locate and notify the
owner or person in charge of such property of such fact and of his
name and address, of the registration number of the vehicle he is
driving, and shall, upon request and if available, exhibit his op-
erator's, commercial operator's, or chauffeur's license, and shall
make report of such accident when and as required in Section 40
hereof.
Section 39. Immediate Reports of Accidents. The driver of a
vehicle involved in an accident resulting in injury or death of any
person shall immediately by the quickest means of communication
give notice of such accident to the police department of the City.
Section 40. Written Report of Accidents. (a) The driver of
a vehicle involved in an accident resulting in injury to or death
of any person or total property damage to an apparent extent of
Twenty -five ($25.00) Dollars or more shall, within twenty -four (24)
hours after such accident, forward a written report of such accident
to the Police Department.
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Ordinance No. 167 - Page 11
(b) The department may require any driver of a vehicle in-
volved in an accident of which report must be made as provided in
this section to file supplemental reports whenever the original
report is insufficient in the opinion of the department, and may
require witnesses of accidents to render reports to the department.
(c) Every law enforcement officer who, in the regular course
of duty, investigates a motor - vehicle accident of which report
must be made as required in this Section, either at the time of and
at the scene of the accident or thereafter by interviewing partici-
pants or witnesses, shall, within twenty -four (24)' hours after com-
pleting such investigation, forward a written report of such acci-
dent to the department.
Section 41. Accident Report Forms. (a) The department shall
prepare and upon request supply to the police department, garages
and other suitable agencies or individuals, forms for accident re-
ports required hereunder, appropriate with respect to the persons
required to make such reports and the purposes to be served. The
written reports to be made by persons involved in accidents and by
investigating officers shall call for sufficiently detailed infor-
mation to disclose with reference, to a traffic accident the cause,
conditions then existing, and the persons and vehicles involved.
(b) Every accident report required to be made in writing
shall be made on the appropriate form approved by the department
and shall contain all of the information required therein unless
not available.
ARTICLE V - DRIVING WHILE UNDER ,l INFLUENCE OF DRUGS AND RECKLESS
DRIVING
Section 42. Persons under the influence of Drugs. (a) It is
unlawful for any person who is under the influence of any narcotic
drug or who is under the influence of any other drug to a degree
which renders him incapable of safely driving a vehicle to drive a
vehicle within this City. The fact that any person charged with a
violation of this Section is or has been entitled to use such drug
under the laws of the City shall not constitute a defense against
any charge of violating this Section.
(b) Every person who is convicted of a violation of this Sec-
tion shall be guilty of a misdemeanor and shall be punished by a
fine of not less than X50.00 and not more than $200,00
Section 43. Reckless Driving. Every person who drives any
vehicle in a wilful or wanton disregard of the rights or safety of
others or without due cuation or circumspection, and at a speed or
in a manner so as to endanger or be likely to endanger a person or
property, shall be guilty of reckless driving.
ARTICLE VI - pRIVING ON RIGHT SIDE a ROADWAY; OVERTAKING AIN
PASSING, ETC.
Section 44. Drive on Right Side of Roadway; Exceptions. Upon
all roadways the driver of a vehicle shall drive upon the right
half of the roadway, except, as follows:
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Ordinance No. 167 - Page 12
ibr' (1) When overtaking and passing another vehicle proceeding
in the same direction under the rules governing such movement;
(2) When the right half of a roadway is closed to traffic
while under construction or repair;
(3) Upon a roadway divided into three (3) marked lanes for
traffic under the rules applicable thereon; or
(4) Upon a roadway designated and signposted for one -way
traffic.
Section 45. Passing Vehicles Proceeding in Opposite Directions.
Drivers of vehicles proceeding in opposite directions shall pass each
other to the right, and upon roadways having width for not more than
one line of traffic in each direction each driver shall give to the
other at least one -half (1/2) of the maintraveled portion of the
roadway as nearly as possible.
Section 46. Overtaking a Vehicle on the Left. The following
rules shall govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions, a:zd
special rules hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle pro-
ceeding in the same direction shall pass to the left thereof at a
safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is per -
ks/ mitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal, and
shall not increase the speed of his vehicle until completely passed
by the overtaking vehicle.
Section 47. When Overtaking on the Right Is Permitted.
(a) The driver of a vehicle may overtake and pass upon the right
of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a
left turn;
(2) Upon a street or highway with unobstructed pavement not
occupied by parked vehicles of sufficient width for two (2) or more
lines of moving vehicles in each direction;
(3) Upon a one -way street, or upon any roadway on which traf-
fic is restricted to one direction of movement, where the roadway
is free from obstructions and of sufficient width for two (2) or
more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another ve-
hicle upon the right only under conditions permitting such movement
in safety. In no event shall such movement be made by driving off
pavement or main - traveled portion of the roadway.
Section 48. Limitations on Overtaking on the Left. No vehi-
cle shall be driven to the left side of the center of the roadwa:
in overtaking and passing another vehicle proceeding in the same
direction unless such left side is clearly visible, and is free of
oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be completely made without interfering
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Ordinance No. 167 - Page 13
with the safe operation of any vehicle approaching from the opposite
direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the right -hand side of the roadway before
coming within one hundred (100) feet of any vehicle approaching
from the opposite direction.
Section 49. Further Limitations on Driving to Left of Center
of Roadway. (a) No vehicle shall at any time be driven to the left
side of the roadway under the following conditions:
(1) Where sight restriction is such that the section of high-
way or street being traversed lies within a no passing zone as de-
termined and marked in accordance with Section 50,
(2) When approaching within one hundred (100) feet of or trav-
ersing any intersection or railroad grade crossing;
(3) When approaching within one hundred (100) feet of any
bridge, viaduct, or tunnel.
(b) The foregoing limitations shall not apply upon a one -way
roadway.
Section 50. No Passing Zones. The City Manager is hereby
authorized to determine those portions of any street or highway
where overtaking and passing or driving to the left of roadway
would be especially hazardous and may by appropriate signs or mark-
ings on the roadway indicate the beginning and end of such zones
and when such signs or markings are in place and clearly visible
hv to an ordinarily observant person every driver of a vehicle shall
obey the directions thereof.
Section 51. One -Way Roadways and Rotary Traffic Islands.
(a) The City Manager may designate any street, highway or any sep-
arate roadway under its jurisdiction for one -way traffic, and shall
erect appropriate signs giving notice thereof.
(b) Upon a roadway designated and signposted for one -way traf-
fic, the driver of a vehicle shall drive only in the direction
designated.
(c) The driver of a vehicle passing around a rotary traffic
island shall drive only to the right of such island.
Section 52. Driving on Roadways Laned for Traffic. Whenever
any roadway has been divided into two (2) or more clearly marked
lanes for traffic, the following rules, in addition to all others
consistent herewith, shall apply:
(a) The driver of a vehicle shall drive as nearly as practi-
cal entirely within a single lane, and shall not be moved from
such lane until the driver has first ascertained that such move-
ment can be made with safety.
(b) Upon a roadway which is divided into three (3) lanes, the
driver of a vehicle shall not drive in the center lane except when
overtaking and passing another vehicle, where the roadway is clearly
visible and such center lane is clear of traffic within a safe dis-
h , tance, or in preparation for a left turn or where such center lane
is at the time allocated exclusively to traffic moving in the direc-
tion the vehicle is proceeding and is signposted to give notice of
such allocation.
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Ordinance No. 167 - Page 14
ihW (c) Official signs may be erected directing slow - moving traf-
fic to use a designated lane or designating those lanes to be used
by traffic moving in a particular direction regardless of the center
of the roadway and drivers of vehicles shall obey the direction of
every such sign.
Section 53. Following too Closely. (a) The driver of a motor
vehicle shall not follow another vehicle more closely than is rea-
sonable and prudent, having due regard for the speed of such vehi-
cles and the traffic upon and the conditions of the street or high-
way.
(b) The driver of any motor truck or motor vehicle drawing
another vehicle when traveling upon a roadway outside of a business
or residential district and which if following another motor truck
or motor vehicle drawing another vehicle shall, whenever conditions
permit, leave sufficient space so that an overtaking vehicle may
enter and occupy such space without danger, except that this shall
not prevent a motor truck or motor vehicle drawing another vehicle
from overtaking and passing any like vehicle or other vehicle.
(c) The drivers of motor vehicles driven upon any roadway out-
side of a business or residential district in a caravan or motorcade,
whether or not towing other vehicles, shall drive so as to allow
sufficient space between each such vehicle or combination of vehi-
cles so as to enable any other vehicles to enter and occupy such
space without danger. This provision shall not apply to funeral
processions.
Section 54. Driving on Divided Highways. Whenever any highway
or street has been divided into two (2) roadways by leaving an in-
tervening space or by a physical barrier or clearly indicated divid-
ing section so constructed as to impede vehicular traffic, every
vehicle shall be driven only upon the right -hand roadway, and no
vehicle shall be driven across, over, or within any such dividing
space, barrier, or section, except through an opening in such phy-
sical barrier or dividing section or space or at a crossover or
intersection established by public authority.
Section 55. Restricted Access. No person shall drive a vehi-
cle onto or from any limited- access or controlled- access roadway
except at such entrances and exits as are established by public
authority.
ARTICLE VII - TURNING AND STARTING AND SIGNALS ON STOPPING AND
TURNING
Section 56. Required Position and Methods of Turning at Inter-
sections. The driver of a vehicle intending to turn at an inter-
section shall do, as follows)
(a) Both the approach for a right turn and a right turn shall
be made as close as practical to the right -hand curb or edge of the
roadway.
(b) Approach for a left turn shall be made in that portion of
the right half of the roadway nearest the center line thereof, and
after entering the intersection the left turn shall be made so as
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Ordinance No. 167 - Page 15
hir to leave the intersection to the right of the center line of the
road being entered.
(c) Approach for a left turn from a two -way street into a one -
way street shall be made in that portion of the right half of the
roadway nearest the center line thereof and by passing to the right
of such center line where it enters the intersection. A left turn
from a one -way street into a two -way street shall be made by passing
to the right of the center line of the street being entered upon
leaving the intersection.
(d) Where both streets or roadways are one way, both the
approach for a left turn and a left turn shall be made as close as
practicable to the left -hand curb or edge of the roadway.
(e) The City Manager, with the approval of the City Council,
may cause markers, buttons, or signs to be placed within or adjacent
to intersections and thereby require and direct that a different
course from that specified in this Section be traveled by vehicles
turning at an intersection, and when markers, buttons, or signs are
so placed no driver of a vehicle shall turn a vehicle at an inter-
section other than as directed and required by such markers, buttons,
or signs.
Section 57. Turning on Curve or Crest of Grade Prohibited.
No driver of a vehicle shall turn so as to proceed in the opposite
direction where sight restriction is such that the section of
street or highway being traversed lies within a no- passing zone as
11, determined and marked in accordance with the provisions of Section
51.
Section 58. Starting Parked Vehicle. No person shall start
a vehicle which is stopped, standing, or parked unless and until
such movement can be made with safety.
Section 59. Turning Movements and Required Signal. (a) No
person shall turn a vehicle at an intersection unless the vehicle
is in proper position upon the roadway as required in Section 56,
or turn a vehicle to enter a private road or driveway or otherwise
turn a vehicle from a direct course or move right or left upon a
roadway unless and until such movement can be made with safety. No
person shall so turn any vehicle without giving an appropriate sig-
nal in the manner hereinafter provided in the event any other
traffic may be affected by such movement.
(b) A signal of intention to turn right or left when required
shall be given continuously during not less than the last one hun-
dred (100) feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner
provided herein to the driver of any vehicle immediately to the
rear when there is opportunity to give such signal.
Section 60. Signals by Hand and Arm or Signal Device. Any
stop or turn signal, when required herein, shall be given either
by means of the hand and arm or by a signal lamp or lamps or mech-
anical signal device of a type approved by the department, but
when a vehicle is so constructed or loaded that a hand - and -arm
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Ordinance No. 167 - Page 16
signal would not be visible both to the front and rear of such
vehicle, then said signals must be given by such a lamp or lamps
or signal device.
Section 61. Method of Glvine Hand - and -Arm Signals. All
signals herein required given by hand and arm shall be given from
the left side of the vehicle in the following manner, and such
signals shall indicate, as follows:
(1) Left turn. Hand and arm extended horizontally.
(2) Right turn, Hand and arm extended upward.
(3) Stop or decrease speed. Hand and arm extended downward.
The signals herein required shall be given either by means of
the hand - and -arm, or by a signal lamp or signal device approved by
the department.
ARTICLE VIII - RIGHT -OF -WAY
Section 62. Vehicles Approaching or Entering Intersection.
(a) The driver of a vehicle approaching an intersection shall
yield the right -of -way to a vehicle which has entered the inter-
section from a different street or highway,
(b) When two (2) vehicles enter an intersection from dif-
ferent streets or highways at approximately the same time, the
driver of the vehicle on the left shall yield the right -of -way to
the vehicle on the right,
by (c) The right -of -way rules declared in subdivisions (a) and
(b) are modified at through streets and highways and otherwise as
hereinafter stated in this Article,
Section 63. Vehicle Turning Left at Intersection. The driver
of a vehicle within an intersection intending to turn to the left
shall yield the right -of -way to any vehicle approaching from the
opposite direction which is within the intersection or so close
thereto as to constitute an immediate hazard, but said driver,
having so yielded and having given a signal when and as required by
this ordinance, may make such left turn and the drivers of all
other vehicles approaching the intersection from said opposite
direction shall yield the right -of -way to the vehicle making the
left turn.
Section 64, Vehicle Entering Through Street, Highway, or Stop
Intersection. (a) The driver of a vehicle shall stop as requires:
by this ordinance at the entrance to a through street or highway and
shall yield the right -of -way to other vehicles which have entered
the intersection from said through street or highway or which are
approaching so closely on said through street or highway as to con-
stitute an immediate hazard, but said driver having so yielded may
proceed and the drivers of all other vehicles approaching the in-
tersection on said through street or highway shall yield the right -
of -way to the vehicle so proceeding into or across the through
street or highway,
(b) The driver of a vehicle shall likewise stop in obedience
to a stop sign as required herein at an intersection where a stop
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Ordinance No. 167 - Page 17
hr sign is erected at one or more entrances thereto, although not a
part of a through street, and shall proceed cautiously, yielding
to vehicles not so obliged to stop which are within the intersection
or approaching so closely as to constitute an immediate hazard, but
may then proceed.
Section 65. Vehicle Entering Street or Highway from Private
Road or Driveway. The driver of a vehicle about to enter or cross
a highway or street from a private road or driveway shall yield the
right -of -way to all vehicles approaching on said street or highway.
Section 66. Operation of Vehicles on Approach of Authorized
Emergency Vehicles. (a) Upon the immediate approach of an author-
ized emergency vehicle equipped with at least one lighted lamp ex-
hibiting red light visible under normal atmospheric conditions from
a distance of five hundred (500) feet to the front of such vehicle
and /or when the driver is giving audible signal by siren, exhaust,
whistle, or bell;
The driver of every other vehicle shall yield the right -of -way
and shall immediately drive to a position parallel to, and as close
as possible to, the right -hand edge or curb of the roadway clear of
any intersection, and shall stop and remain in such position until
the authorized emergency vehicle has passed, except when otherwise
directed by a police officer.
(b) This section shall not operate to relieve the driver of
`, an authorized emergency vehicle from the duty to drive with due re-
gard for the safety of all persons using the highway or street.
ARTICLE IX - PEDESTRIANS' RIGHTS AND DUTIES
Section 67. Pedestrians Subject to Traffic Regulations.
(a) Pedestrians shall be subject to traffic - control signals at in-
tersections as provided in Section 30 of this ordinance, but at all
other places pedestrians shall be accorded the privileges and shall
be subject to the restrictions stated in this Article.
(b) Local authorities are hereby empowered by ordinance to
require that pedestrians shall strictly comply with the directions
of any official traffic - control signal and may by ordinance prohibit
pedestrians from crossing any roadway in a business district or an'
designated highways or streets except in a crosswalk.
Section 68. Pedestrians' Right -of -Way in Crosswalks. (a) When
traffic - control signals are not in place or not in operation, the
driver of a vehicle shall yield the right -of -way, slowing down or
stopping if need be to so yield, to a pedestrian crossing the roadway
within a crosswalk when the pedestrian is upon the half of the road-
way upon which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as to be
in danger, but no pedestrian shall suddenly leave a curb or other
place of safety and walk or run into the path of a vehicle which is
so close that it is impossible for the driver to yield. This provi-
r► sion shall not apply under the conditions stated in Section 69 -(b).
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Ordinance No. 167 - Page 18
k/ (b) Whenever any vehicle is stopped at a marked crosswalk or
at any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway, the driver of any other vehicle approaching
from the rear shall not overtake and pass such stopped vehicle.
Section 69. Crossing at other than Crosswalks. (a) Every
pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right -of -way to all vehicles upon the highway.
(b) Any pedestrian crossing a roadway at a point where a pe-
destrian tunnel or overhead pedestrian crossing has been provided
shall yield the right -of -way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic - control
signals are in operation pedestrians shall not cross at any place
except in a marked crosswalk.
Section 70. Drivers to Exercise Due Care. Notwithstanding the
foregoing provisions of this Article, every driver of a vehicle
shall exercise due care to avoid colliding with any pedestrian upon
any roadway, and shall give warning by sounding the horn when nec-
essary, and shall exercise proper precaution upon observing any
child or any confused or incapacitated person upon a roadway.
Sectional. Pedestrians to Use Right Half of Crosswalks. Pe-
destrians shall move, whenever possible, upon right half of cross-
by walks.
Section 72. Pedestrians on Roadways. (a) Where sidewalks
are provided, it shall be lawful for any pedestrian to walk along
and upon an adjacent roadway.
(b) Where sidewalks are not provided, any pedestrian walking
along and upon a highway shall, when possible, walk only on the
left side of the roadway or its shoulder, facing traffic which may
approach from the opposite direction.
(c) No person shall stand in a roadway for the purpose of
soliciting a ride from the driver of any vehicle.
ARTICLE X - SPECIAL STOPS AND RESTRICTED SPEEDS REQUIRED
Section 73. Obedience to Signal Indicating Approach of Train.
Whenever any person driving a vehicle approaches a railroad grade
crossing, the driver of such vehicle shall stop within fifty (50)
feet but not less than fifteen (15) feet from the nearest rail of
such railroad, and shall not proceed until he can do so safely,
when:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a train;
(b) A crossing gate is lowered, or when a human flagman gives
or continues to give a signal of the approach or passage of a train;
(c) A railroad engine approaching within approximately fifteen
hundred (1500) feet of the highway or street crossing emits a signal
be audible from such distance and such engine, by reason of its speed
or nearness to such crossing, is an immediate hazard;
(d) An approaching train is plainly visible and is in hazardcas
proximity to such crossing.
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Ordinance No. 167 - Page 19
hoe Section 74. All vehicles Must Stop at Certain Railroad Grade
Crossings. The City Manager with the approval of the City Council
is hereby authorized to designate particularly dangerous highway
grade crossings of railroads and to erect stop signs thereat. When
such stop signs are erected, the driver of any vehicle shall stop
within fifty (50) feet but not less than fifteen (15) feet from the
nearest rail of such railroad, and shall proceed only upon exercis-
ing due care.
Section 75. Certain Vehicles Must Stop at all Railroad Grade
Crossings. (a) The driver of any motor carrying passengers for
hire, or of any school bus carrying any school child, before cross-
ing at grade any track or tracks of a railroad shall stop such ve-
hicles within fifty (50) feet but not less than fifteen (15) feet
from the nearest rail of such railroad, and while so stopped shall
listen and look in both directions along such track for any approach-
ing train and for signals indicating the approach of a train, except
as hereinafter provided, and shall not proceed until he can do so
safely. After stopping as required herein and upon proceeding when
it is safe to do so, the driver of any said vehicle shall cross only
in such gear of the vehicle that there will be no necessity for
changing gears while traversing such, and the driver shall not shift
gears while crossing the track or tracks.
(b) No stop need be made at any such crossing where a police
officer or a traffic - control signal directs traffic to proceed.
`✓ (c) This section shall not apply at street - railway grade cross-
ings within a business or residence district.
Section 76. Certain Vehicles Must Reduce Speed at All Railroad
Grade Crossings. (a) The driver of any vehicle carrying explosive
substances or flammable liquids as its principal cargo, before
crossing at grade any track or tracks of a railroad, shall stop if
traveling in excess of twenty (20) miles per hour before approach-
ing within two hundred (200) feet from the nearest rail of such
railroad and shall listen and look in both directions along such
track for any approaching train, and for signals indicating the ap-
proach of the train, except as hereinafter provided, and shall not
cross such track until he can do so safely. After reducing speed as
required herein and upon proceeding when it is safe to do so, the
driver of any said vehicle shall cross only in such gear of the ve-
hicle that there will be no necessity for changing gears while trav-
ersing such and the driver shall not shift gears while crossing the
track or tracks.
(b) This section shall not apply at any such crossing where a
police official or a traffic - control signal directs traffic to pro-
ceed.
(c) This section shall not apply at street - railway grade cross-
ings within a business or residence districts.
(d) Nothing in this section shall be deemed to exempt the
driver of any vehicle from compliance with the requirements contained
lw in Sections 73 and 74 of this ordinance.
Section 77. Moving Heavy Equipment at Railroad Grade Crossing.
(a) No person shall operate or move any caterpillar tractor, steam
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Ordinance No. 167 - Page 20
shovel, derrick, roller, or any equipment or structure having a
normal operating speed of six (6) or less miles er hour or a ver-
tical body or load clearance of less than nine(9) inches above the
level surface of a roadway upon or across any tracks at a railroad
grade crossing without first complying with this section,
(b) Before making any such crossing the person operating or
moving any such vehicle or equipment shall first stop the same not
less than fifteen (15) or more than fifty (50) feet from the neare +t
rail of such railway, and while so stopped shall listen and look in
both directions along such track for any approaching train and for
signals indicating the approach of train, and shall not proceed un-
til the crossing can be made safely.
(c) No such crossing shall be made when warning is given by
automatic signal or crossing gates or a flagman or otherwise of the
immediate approach of a train or a car.
Section 78. Vehicles Must Stop at Through Streets or Highways.
(a) The City Manager, with the approval of the City Council, may
designate through streets or highways and erect stop signs at spec-
ified entrances thereto or may designate any intersection as a stop
intersection and erect like signs at one or more entrances to such
intersection.
(b) Every said sign shall conform to the manual and specifi-
cations for uniform traffic control devices as adopted bar the City
Manager. Every stop sign shall be located as near as practicable
Irr at the nearest line of the crosswalk thereat, or if none, at the
nearest line of the roadway.
(c) Every driver of a vehicle shall stop at such sign or at a
clearly marked stop line before entering an intersection, except
when directed to proceed by a police officer or traffic - control
signal.
Section 79. Stop Before Emerging from Alley or Private Drive-
way. The driver of a vehicle within a business or residence district
emerging from an alley, driveway, or building shall stop such vehi-
cle immediately prior to driving onto a sidewalk or into the sidewalk
area extending across any alleyway or private driveway.
ARTICLE XI - STOPPING. STANDING, AND PARKING
Section 80. Stooping, Standing, or Parking_ Outside of Business
or Residence Districts. (a) Upon any street or highway outside of
a business or residence district no person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon the paved
or main - traveled part of the street or highway, when it is possible
to stop, park, or so leave vehicle off such part of said street or
highway, but in every event an unobstructed width of the street or
highway opposite a standing vehicle shall be left for the free pas-
sage of other vehicles, and a clear view of such stopped vehicle
shall be available from a distance of two hundred (200) feet in each
direction upon such highway or street.
(b) This section shall not apply to the driver of any vehicle
which is disabled while on the paved or main - traveled portion of a
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Ordinance No. 167 - Page 21
street or highway in such manner and to such extent that it is im-
possible to avoid stopping and temporarily leaving such disabled
vehicle in such position.
Section 81. Officers Authorized to Remove Illegally Stopped
Vehicles. (a) Whenever any police officer finds a vehicle standing
upon a street or highway in violation of any of the foregoing provi-
sions of this Article, such officer is hereby authorized to move such
vehicle or require the driver or other person in charge of the vehi-
cle to move the same to a position off the paved or main - traveled
part of such street or highway.
(b) Whenever any police officer finds a vehicle unattended up-
on any bridge or causeway or in any tunnel where such vehicle con-
stitutes an obstruction to traffic, such officer is hereby authorized
to provide for the removal of such vehicle to the nearest garage or
other place of safety.
(c) The police officer is hereby authorized to remove a vehicle
from a street or highway to the nearest garage or other place of
safety, or to a garage designated or maintained by the governmental
agency of which the officer is a member, under the circumstances
hereinafter enumerated:
(1) When any vehicle is left unattended upon any bridge, via-
duct, or causeway, or in any tube or tunnel where such vehicle con-
stitutes an obstruction to traffic;
(2) When any vehicle is illegally parked so as to block the
it entrance to any private driveway and it is impracticable to move such
vehicle from in front of the driveway to another point on the street
or highway;
(3) When any vehicle is found upon a street or highway and
report has previously been made that such vehicle has been stolen or
complaint has been filed and a warrant thereon issued charging that
such vehicle has been embezzled;
(4) When any such officer has reasonable grounds to believe
that any vehicle has been abondoned;
(5) When a vehicle upon a street or highway is so disabled that
its normal operation is impossible or impractical and the person or
persons in charge of the vehicle are incapacitated by reason of phys-
ical injury or other reason to such an extent as to be unable to pro-
vide for its removal or custody, or are not in the immediate vicinity
of the disabled vehicle;
(6) When an officer arrests any person driving or in control of
a vehicle for an alleged offense and such officer is by this code or
other law required to take the person arrested immediately before a
magistrate.
Section 82. Officers Authorized to Remove Parked Vehicles.
Any Police Officer is hereby authorized to remove any vehicle parked
or standing in or on any portion of a street or highway when, in the
opinion of the said Police Officer, the said vehicle constitutes a
hazard, or interferes with a normal function of a governmental agency,
or by reason of any catastrophe, emergency, or unusual circumstance
Br the safety of said vehicle is imperiled.
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Ordinance No. 167 - Page 22
`/ Section 83. Stopoing, Standing, or Parking Prohibited in
Specified Places. (a) No person shall stop, stand, or park a
vehicle, except when necessary to avoid conflict with other traffic
or in compliance with law or directions of a police officer or traf-
fic- control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen (15) feet of a fire hydrant;
(5) On a crosswalk;
(6) Within twenty (20) feet of a crosswalk at an intersection;
(7) Within thirty (30) feet upon the approach to any flashing
beacon, stop sign, or traffic - control signal located at the side of
the roadway;
(8) 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 a sign or markings;
(9) Within fifty (50) feet of the nearest rail of a railroad
crossing;
(10) 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);
(11) Alongside or opposite any street excavation or obstruc-
tion when stopping, standing, or parking would obstract traffic;
(12) Upon any bridge or other elevated structure upon a
street or highway or within a street or highway tunnel;
(13) On the roadway side of any vehicle stopped or parked at
the edge or curb of a street or highway;
(14) At any place where official signs prohibit stopping.
(b) No person shall move a vehicle not lawfully under his con-
trol into any such prohibited area or away from a curb such distance
as is unlawful.
Section 84. Additional Parking Regulations. (a) Except as
otherwise provided in this section, every vehicle stopped or parked
with the right -hand wheels of such vehicle parallel to and within
eighteen (18) inches of the right -hand curb.
(b) Local authorities may by ordinance permit parking of vehi-
cles with the left -hand wheels parallel and adjacent to and within
eighteen (18) inches of the left -hand curb of a one -way roadway.
(c) The City Manager, with the approval of the City Council,
may permit angle parking on any street or highway.
ARTICLE XII - MISCELLANEOUS MILES
Section 85. Unattended Motor Vehicle. No person driving or in
charge of a motor vehicle shall permit it to stand unattended with-
out first stopping the engine and effectively setting the brake
`, thereon and, when standing upon any grade, turning the front wheels
to the curb or side of the street or highway.
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Ordinance No. 167 - Page 23
he Section 86. Coasting Prohibited. (a) The driver of any motor
vehicle when traveling upon a hazardous down grade marked or signed
shall not coast with the gears of such vehicle in neutral.
(b) The driver of a commercial motor vehicle when traveling
upon a down grade shall not coast with the clutch disengaged.
Section 87 Following Fire Apparatus Prohibited. The driver of
any vehicle other than one on official business shall not follow any
fire apparatus traveling in response to a fire alarm closer than
five hundred (500) feet or drive into or park such vehicle within the
block where the fire apparatus has stopped to answer a fire alarm.
Section 88. Crossing Fire Hose. No driver of a vehicle shall
drive over an unprotected hose of a fire department when laid down
on any street, private driveway, to be used at any fire or alarm of
fire, without the consent of the fire department official in command.
Section 89. Putting Glass. etc., on Streets or Highways Pro-
hibited. No person shall throw or deposit upon any street or high-
way any glass bottle, glass, nails, tacks, wire, cans, or any other
substance likely to injure any person, animal, or vehicle upon such
street or highway.
Section 90. Removing Materials from Street or Highway.
(a) Any person who drops or permits to be dropped or thrown upon
any street or highway any destructive or injurious material shall
immediately remove the same or cause it to be removed.
(b) Any person removing a wrecked or damaged vehicle from a
highway or street shall remove any glass or other injurious sub-
stance dropped upon the street or highway from such vehicle.
Section 91. School Buses. (a) The driver of a vehicle upon
a highway outside of a business or residence district upon meeting
or overtaking from either direction any school bus which has stopped
on the highway for the purpose of receiving or discharging any
school children shall stop the vehicle immediately before passing
the school bus, but may then proceed past such school bus at a speed
which is prudent, not exceeding ten (10) miles per hour and with
due caution for the safety of such children.
(b) All vehicles used for the transportation of pupils to and/
or from any school or college shall have a sign on the front and
rear and on each side of said vehicle, showing the words "School
Bus" and said words shall be plainly readable in letters not less
than eight (8) inches in height, and the words "School Bus" shall
be removed or covered when the vehicle is not in use as a school bus.
Section 92. Limitations as to Trailers. (a) No driver of a
motor vehicle shall drive upon any highway or street drawing or hav-
ing attached thereto more than one vehicle; such vehicle may be a
trailer, semi - trailer, pole trailer, or another motor vehicle.
(b) When one vehicle is towing another, the draw bar or other
connection shall be of sufficient strength to pull all weight towed
thereby, and said draw bar or other connection shall not exceed
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Ordinance No. 167 - Page 24
fifteen (15) feet from one vehicle to the other, except the connec-
k, tion between any two vehicles transporting poles, pipe, machinery,
or other objects of structural nature which cannot readily be dis-
membered.
(c) When one vehicle is towing another and the connection con-
sists of a chain, rope, or cable, there shall be displayed upon such
connection a white flag or cloth not less than twelve (12) inches
square.
Section 93. Fire Extinguishers. Every school bus and every
motor vehicle engaged in the transportation of passengers for hire
or lease shall be equipped with at least one quart of chemical type
fire extinguisher in good condition and conveniently located for
immediate use.
ARTICLE XIII - EQUIPMENT
Section 94. Scope and Effect of Regulations. (a) It is a
misdemeanor for any person to drive or move or for the owner to
allow or knowingly permit to be driven or moved on any highway or
street any vehicle or combination of vehicles which is in unsafe
condition as to endanger any person, or which does not contain
those parts or is not at all times equipped with such lamps and
other equipment in proper condition and adjustment as required in
this Article, or which is equipped in any manner in violation of
this Article, or for any person to so perform any act forbidden or
kr fail to perform any act required under this Article.
(b) Nothing contained in this Article shall be construed to
prohibit the use of additional parts and accessories on any vehicle
not inconsistent with the provisions of this Article.
(c) The provisions of this Article with respect to equipment
on vehicles shall not apply to implements of husbandry, road machin-
ery, road rollers, or farm tractors, except as herein made appli-
cable.
Section 95. When Lighted Lamps are Required. (a) Every ve-
hicle upon a street or highway within this city at any time from a
half hour after sunset to a half hour before sunrise and at any
other time when there is not sufficient light to render clearly dis-
cernible persons and vehicles on the street or highways at a distance
of five hundred (500) feet ahead shall display lighted lamps and
illuminating devices as hereinafter respectively required for diff ^r-
ant classes of vehicles, subject to exceptions with respect of parked
vehicles as hereinafter stated.
(b) Whenever requirement is hereinafter declared as to the dis-
tance from which certain lamps and devices shall render objects vis-
ible or within which such lamps or devices shall be visible, said
provisions shall apply during the times stated in the subdivision (a)
of this section upon a striaght, level, unlighted street or highway
under normal atmospheric conditions unless a different time or con-
dition is expressly stated.
by (c) Whenever requirement is hereinafter declared as to the
mounted height of lamps or devices it shall mean from the center of
such lamp or devices to the level ground upon which the vehicle
stands.
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Ordinance No. 167 - Page 25
Section 96. Head Lamps on Motor Vehicles. (a) Every motor
vehicle other than a motorcycle shall be equipped with at least two
head lamps with at least one on each side of the front of the motor
vehicle, which head lamps shall comply with the requirements and
limitations set forth in this Article.
(b) Every motorcycle shall be equipped with at least one and
not more than two head lamps, which shall comply with the require-
ments and limitations of this Article.
Section 97. Tail Lamps. (a) Every motor vehicle, trailer,
semi - trailer, and pole trailer, and any other vehicle which is being
drawn at the end of a train of vehicles shall be equipped with at
least one tail lamp mounted on the rear, which, when lighted as
hereinbefore required, shall emit a red light plainly visible from
a distance of five hundred (500) feet to the rear, provided that,
in the case of a train of vehicles, only the tail lamp on the rear-
most vehicle need actually be seen from the distance specified.
(b) Either a tail lamp or a separate lamp shall be so con-
structed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance of
fifty (50) feet to the rear. Any tail lamp or tail lamps, together
with any separate lamp for illuminating the rear registration plate,
shall be so wired as to be lighted whenever the head lamps or auxil-
iary driving lamps are lighted.
bo,. Section 98. New Motor Vehicles To Be Equipped with Reflectors.
(a) Every new motor vehicle hereafter sold and operated upon a
street or highway, other than a truck tractor, shall carry on the
rear, either as a part of the tail lamps or separately, two red
reflectors meeting the requirements of this section, except that
vehicles of the type mentioned in Section 100 shall be equipped
with reflectors as required in those sections applicable thereto.
(b) Every such reflector shall be mounted on the motor vehicl:
at a height not less than twenty -four (24) inches nor more than
sixty (60) inches above the ground on which the vehicle stands and
shall be such size and characteristics and so maintained as to be
visible at night from all distances within three hundred (300) feet
from such vehicle, except that visibility from a greater distance
is hereinafter required of reflectors on certain types of vehicles.
Section 99. Application of Succeeding Sections. The sections
of this Ordinance immediately following, relating to clearance and
marker lamps, reflectors, and stop lights, shall apply as stated in
said sections to vehicles of the type herein enumerated, namely
passenger buses, trucks, truck tractors, and certain trailers, semi-
trailers, and pole trailers, respectively, when operated upon any
street or highway, and said vehicles shall be equipped as required
and all lamp equipment required shall be lighted at the times men-
tioned in Section 95, except that clearance and side marker lamps
need not be lighted on any vehicle when operated within any munici-
r► pality where there is sufficient light to render clearly discernible
persons and vehicles on the street or highway at a distance of five
hundred (500) feet.
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Ordinance No. 167 - Page 26
Iry Section 100. Additional Equipment Required on Certain Vehicles.
In addition to other equipment required in this Ordinance, the follow-
ing vehicles shall be equipped as herein stated under the conditions
stated in Section 99:
(a) On every bus or truck, whatever its size, there shall be
the following:
On the rear, two reflectors, one at each side, and one st'p
light.
(b) On every bus or truck eighty (80) inches or more in overall
width, in addition to the requirements in subparagraph (a):
On the front, two clearance lamps, one at each side.
On the rear, two clearance lamps, one at each side.
On each side, two side marker lamps, one at or near the
front and one at or near the rear.
On each side, two reflectors, one at or near the front
and one at or near the rear.
(c) On every truck tractor:
On the front, two clearance lamps, one at each side.
On the rear, one stop light, when such truck tractor is
operated as a single unit.
(d) On every trailer or semi- trailer having a registered or
gross weight in excess of 3,000 pounds:
On the front, two clearance lamps, one at each side.
On each side, two side marker lamps, one at or near the
front end and one at or near the rear.
rr► On each side, two reflectors, one at or near the front
and one at or near the rear.
On the rear, two clearance lamps, one at each side; also
two reflectors, one at each side, and one stop light.
(e) On every pole trailer in excess of 3,000 pounds registered
or actual gross weight:
On each side, one side marker lamp and one clearance
lamp which may be in combination, to show to the front,
side, and rear.
On the rear of the pole trailer, or load, two reflectors,
one at each side.
(f) On every trailer, semi - trailer, or pole trailer:
On the rear, two reflectors, one on each side.
If any trailer or semi - trailer is so loaded or is in such di-
mensions as to obscure the stop light on the towing vehicle, then
such vehicle shall also be equipped with one stop light.
Section 101. Color of Clearance Lamps, Side Marker Lamps, and
Reflectors. (a) Front clerance lamps and those marker lamps and
reflectors mounted on the front or on the side near the front of a
vehicle shall display or reflect an amber color.
(b) Rear clearance lamps and those marker lamps and reflectors
mounted on the rear or on the sides near the rear of a vehicle shall
display or reflect a red color.
(c) All lighting devices and reflectors mounted on the rear of
any vehicle shall display or reflect a red color, except the stop
light or other signal device, which may be red, amber, or yellow,
and except that the light illuminating the license plate or the light
emitted by a back -up lamp shall be white.
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Ordinance No. 167 - Page 27
i,, Section 102. Mounting of Reflectors. Clearance Lamps, and
Side Marker Lamps. (a) Reflectors shall be mounted at a height
of not less than twenty -four (24) inches and not higher than sixty
(60) inches above the ground on which the vehicle stands, except
that if the highest part of the permanent structure of the vehicle
is less than twenty -four (24) inches the reflector at such point
shall be mounted as high as that part of the permanent structure
will permit,
The rear reflectors on a pole trailer may be mounted on each
side of the bolster or load.
Any required red reflector on the rear of a vehicle may be in-
corporated with the tail lamp, but such reflector shall meet all
the other reflector requirements of this Ordinance.
(b) Clearance lamps shall be mounted on the permanent struc-
ture of the vehicle in such manner as to indicate its extreme width
and as near the top thereof as possible. Clearance lamps and side
marker lamps may be mounted in combination provided illumination is
given as required herein with reference to both.
Section 103. Visibility of Reflectors, Clearance Lamps, and
Marker Lamps. (a) Every reflector upon any vehicle referred to in
Section 100 shall be of such size and characteristics and so main-
tained as to be readily visible at nighttime from all distances
within five hundred (500) feet to fifty (50) feet from the vehicle
when directly in front of lawful upper beams of head lamps. Re-
y, flectors required to be mounted on the sides of the vehicle shall
reflect the required color of light to the side and those mounted
on the rear shall reflect a red color to the rear.
(b) Front and rear clearance lamps shall be capable of being
seen and distinguished under normal atmospheric conditions at the
times lights are required at a distance of five hundred (500) feet
from the front and rear, respectively, of the vehicle.
(c) Side marker lamps shall be capable of being seen and
distinguished under normal atmospheric conditions at the times
lights are required at a distance of five hundred (500) feet from
the side of the vehicle on which mounted.
Section 104. Stop Lamps Required on New Motor Vehicles. From
and after January 1, 1948, it shall be unlawful for any person to
sell any new motor vehicle in this State or for any person to drive
any such motor vehicle on the streets or highways unless it is equip-
ped with a stop lamp meeting the requirements of Section 110.
Section 105. Obstructed Lights Not Required. Whenever motor
and other vehicles are operated in combination during the time that
lights are required, any lamps (except tail lamps) need not be
lighted which, by reason of its location on a vehicle of the combina-
tion, but this shall not affect the requirement that lighted clear-
ance lamps be displayed on the front of the foremost vehicle required
to have clearance lamps, nor that all lights required on the rear of
the rearmost vehicle of any combination shall be lighted.
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Ordinance No. 167 - Page 28
Section 106. Lamp or Flag on Projecting Load. Whenever the
load upon any vehicle extends to the rear four (4) feet or more
beyond the bed or body of such vehicle, there shall be displayed at
the extreme rear end of the load, at the times specified in Section
95 hereof, a red light or lantern plainly visible from a distance
of at least five hundred (500) feet to the sides and rear. The red
light or lantern required under this section shall be in addition
to the red rear light required upon every vehicle. At any other
time there shall be displayed at the extreme rear end of such a red
flag or cloth not less than twelve (12) inches square and so hung
that the entire area is visible to the driver of a vehicle approach-
ing from the rear.
Section 107. Lamps on Parked Vehicles. Whenever a vehicle is
parked or stopped upon a roadway or shoulder adjacent thereto,
whether attended or unattended, during the times mentioned in Sec-
tion 95, such vehicle shall be equipped with one or more lamps which
shall exhibit a white light on the roadway side visible from a
distance of five hundred (500) feet to the front of such vehicle and
a red light visible from a distance of five hundred (500) feet to
the rear, except that local authorities may provide by ordinance or
resolution that no lights be displayed upon any such vehicle when
stopped or parked in accordance with local parking regulations upon
a street or highway where there is sufficient light to reveal any
person within a distance of five hundred (500) feet upon such streei,
or highway. Any lighted head lamps upon a parked vehicle shall be
depressed or dimmed.
Section 108. Lamps on other Vehicles and Equipment. All vehi-
cles, including animal -drawn vehicles and including those referred
to in Section 94 -(c) not hereinbefore specifically required to be
equipped with lamps, shall at the time specified in Section 95 hereof
be equipped with at least one lighted lamp or lantern exhibiting a
white light visible from a distance of five hundred (500) feet to the
front of such vehicle and with a lamp or lantern exhibiting a red
light visible from a distance of five hundred (500) feet to the rear.
Section 109. Spot Lamas and Auxiliary Driving Lamps. (a)
"Spotlight" shall mean any light or lamp, the direction of the beam
from which is controllable from the front or rear seat of a motor
vehicle or from the seat or side -car of a motorcycle.
(b) It shall be unlawful for any operator of a motor vehicle
or motorcycle to use a spotlight when a motor or motorcycle, ap-
proaching from the front, is in sight. Upon sight of a motor vehicle
or motorcycle approaching from the front, it shall be the duty of the
operator of a motor vehicle or motorcycle upon which a spotlight is
being used to immediately extinguish said spotlight and it shall not
be turned on until the approaching motor vehicle or motorcycle has
passed. In case the headlight of a motor vehicle or headlight of a
motorcycle should fail to function, and the operator of said motor
vehicle or motorcycle is without sufficient driving light, the use
it of a spotlight shall be permissible at all times, but when so used
the beam from said spotlight shall be so directed that it strikes
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Ordinance No. 167 - Page 29
the road not more than fifty (50) feet ahead of the motor vehicle
or motorcycle upon which it is being used. The provision of this
section prohibiting the use of spotlights under certain conditions
shall not apply to police or fire department vehicles.
(c) Any motor vehicle may be equipped with not to exceed three
(3) auxiliary driving lamps mounted on the front at a height not
less than twelve (12) inches nor more than forty -two (42) inches
above the level surface upon which the vehicle stands, and every
such auxiliary driving lamp or lamps shall meet the requirements
and limitations set forth in this Article.
Section 110. Signal Lamps and Signal Devices. (a) Any motor
vehicle may be equipped and when required under this Ordinance shall
be equipped with the following signal lamps or devices:
(1) A stop lamp on the rear which shall emit a red or yellow
light and which shall be actuated upon application of the service
(foot) brake and which may, but need not be incorporated with a tail
lamp.
(2) A lamp or lamps or mechanical signal device capable of
clearly indicating any intention to turn either to the right or to
the left and which shall be visible both from the front and rear.
(b) A stop lamp shall be plainly visible and understandable
from a distance of one hundred (100) feet to the rear both during
normal sunlight and at nighttime, and a signal lamp or lamps indi-
cating intention to turn shall be visible and understandable during
y daytime and nighttime from a distance of one hundred (100) feet to
the front and rear. When a vehicle is equipped with a stop lamp o.
other signal lamps, such lamp or lamps shall at all times be main-
tained in good working condition. No stop lamp or signal lamp shall .
project a glaring or dazzling light.
(c) All mechanical signal devices shall be self - illuminated
when in use at the times mentioned in Section 95.
Section 111. Additional Lighting Equipment. (a) Any motor
vehicle may be equipped with not more than two (2) side cowl or
fender lamps which shall emit an amber or white light without glare,
(b) Any motor vehicle may be equipped with not more than one
(1) runningboard courtesy lamp on each side thereof which shall emit
a white or amber light without glare.
(c) Any motor vehicle may be equipped with a back -up lamp
either separately or in combination with another lamp, but such
back -up lamp shall not be lighted when the motor vehicle is in for-
ward motion.
Section 112. Multiple Beam Road Lighting Equipment. Except as
hereinafter provided, the head lamps, or the auxiliary driving lamps,
or combinations thereof, on motor vehicles shall be so arranged that
the driver may select at will between distributions of light pro-
jected to different elevations, subject to the following requiremerts
and limitations:
(a) There shall be an uppermost distribution of light or com-
b,
posite beam, so aimed and of such intensity as to reveal persons and
vehicles at a distance of at least three hundred and fifty (350) feet
ahead for all conditions of loading, The maximum intensity of this
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Ordinance No. 167 - Page 30
uppermost distribution of light or composite beam one degree (1 °)
of arc or more above the horizontal level of the lamps when the
vehicle is not loaded shall not exceed eight thousand (8,000)
apparent candle power, and at no other point of the distribution of
light or composite beam shall there be an intensity of more than
seventy -five thousand (75,000) apparent candlepower.
(b) There shall be a lowermost distribution of light or
composite beam, so aimed that:
(1) When the vehicle is not loaded, none of the high inten-
sity portion of the light which is directed to the left of the pro-
longation of the extreme left side of the vehicle shall at a dis-
tance of twenty -five (25) feet ahead project higher than a level of
eight (8) inches below the level of the center of the lamp from
which it comes,
(2) When the vehicle is not loaded, none of the high inten-
sity portion of the light which is directed to the right of pro-
longation of the extreme left side of the vehicle shall, at a
distance of twenty -five (25) feet ahead, project higher than a
level of three (3) inches below the level of the center of the
lamp from which it comes.
(3) In no event shall any of the high intensity of such low-
ermost distribution of light or composite beam project higher than
a level of forty -two (42) inches above the level on which the ve-
hicle stands at a distance of seventy -five (75) feet ahead.
(c) Where one intermediate beam is provided, the beam on the
r left side of the road shall be in conformity with Subsection (b),
paragraph (1), of this Section, except when arranged in accordance
with the practice specified in Subsection (e).
(d) All road lighting beams shall be so aimed and of suf-
ficient intensity to reveal a person or vehicle at a distance of
at least one hundred (100) feet ahead.
(e) Every new motor vehicle registered in this State after
January 1, 1948, which has multiple -beam road - lighting equipment
shall be equipped with a beam indicator, which shall be lighted
whenever the uppermost distribution of light from the head lamps
is in use, and shall not otherwise be lighted. Said indicator shall
be so designed and located that when lighted it will be readily
visible without glare to the driver of the vehicle so equipped.
Section 113. Use of Multiple Beam Road Lighting Equipment.
(a) Whenever a motor vehicle is being operated on a roadway �r
shoulder adjacent thereto during the times specified in Section 95,
the driver shall use a distribution of light, or composite beam,
directed high enough of sufficient intensity to reveal persons and
vehicles at a safe distance in advance of the vehicle, subject to
the following requirements and limitations:
(b) Whenever the driver of a vehicle approaches an oncoming
vehicle within five hundred (500) feet, such driver shall use a
distribution of light or composite beam so aimed that the glaring
rays are not projected into the eyes of the oncoming driver, and in
Or no case shall the high intensity portion which is projected to the
left of the prolongation of the extreme left side of the vehicle be
aimed higher than the center of the lamp from which it comes at a
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Ordinance No. 167 - Page 31
lie distance of twenty -five (25) feet ahead and in no case higher than
a level of forty -two (42) inches above the level upon which the
vehicle stands at a distance of seventy -five (75) feet ahead.
The lowermost distribution of light specified in Section 112,
paragraph (b), subparagraph (1), shall be dimmed to avoid glare
at all times, regardless of road contour and loading.
Section 114. Single Beam Road Lighting Equipment. Head lamps
arranged to provide a single distribution of light not supplemented
by auxiliary driving lamps shall be permitted on motor vehicles
manufactured and sold prior to one (1) year after the effective
date of this Ordinance in lieu of multiple beam road lighting equip-
ment herein specified if the single distribution of light complies
with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle
is not loaded none of the high intensity portion of the light shall
at a distance of twenty -five (25) feet ahead project higher than a
level of five (5) inches below the level of the center of the lamp
from which it comes, and in no case higher than forty -two (42)
inches above the level on which the vehicle stands at a distance of
seventy -five (75) feet ahead,
(2) The intensity shall be sufficient to reveal persons and
vehicles at a distance of at least two hundred (200) feet.
Section 115. Alternate Road Lighting Equipment. Any motor
r , vehicle may be operated under the conditions specified in Section
95, when equipped with two (2) lighted lamps upon the front there-
of capable of revealing persons and objects seventy -five (75) feet
ahead in lieu of lamps required in Section 114, provided, however,
that at no time shall it be operated at a speed in excess of thirty-
five (35) miles per hour.
Section 116. Number of Drivin! La .s Re•uired or Permitted.
(a) At all times specified in Section 95, at least two (2)
lighted lamps shall be displayed, one on each side at the front of
every motor vehicle, except when such vehicle is parked subject to
the regulations governing lights on parked vehicles.
(b) Whenever a motor vehicle equipped with head lamps as her, -
in required is also equipped with any auxiliary lamps or a spot
lamp or any other lamp on the front thereof projecting a beam of an
intensity greater than three hundred (300) candlepower, not more
than a total of four (4) of any such lamps on the front of a vehi-
cle shall be lighted at any one time when upon a street or highway,.
Section 117. Special Restrictions on Lamps. (a) Any lighted
lamp or illuminating device upon a motor vehicle other than head
lamps, spot lamps, auxiliary lamps, or flashing front direction
signals which project a beam of light of an intensity greater than
three hundred (300) candlepower shall be so directed that no part
of the beam will strike the level of the roadway on which the ve-
hicle stands at a distance of more than seventy -five (75) feet from
the vehicle.
(b) No person shall drive or move any vehicle or equipment
upon any street or highway with any lamp or device thereon display-
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Ordinance No. 167 - Page 32
ing a red light visible from directly in front of the center there-
of. This Section shall not apply to authorized emergency vehicles.
(c) Flashing lights are prohibited on motor vehicles, except on
an authorized emergency vehicle or on any vehicle as a means for
indicating a right or left turn.
Section 118. Brakes. (a) Brake equipment required:
(1) Every motor vehicle, other than motorcycle, when operated
upon a street or highway shall be equipped with brakes adequate to
control the movement of and to stop and hold such vehicle, includ-
ing two (2) separate means of applying the brakes, each of which
means shall be effective to apply the brakes to at least two (2)
wheels. If these two (2) separate means of applying the brakes are
connected in any way, they shall be so constructed that failure of
any one part of the operating mechanism shall not leave the motor
vehicle without brakes on at least two (2) wheels.
(2) Every motorcycle, and bicycle with motor attached, when
operated upon a highway shall be equipped with at last one brake,
which may be operated by hand or foot.
(3) Every trailer or semi- trailer of a registered or actual
gross weight of three thousand (3,000) pounds or more when operated
upon a street or highway shall be equipped with brakes adequate to
control the movement of and to hold such vehicle and so designed as
to be applied by the driver of the towing motor vehicle from its
cab, and said brakes shall be so designed and connected that in
ir
case of an accidental breakaway of the towed vehicle the brakes
shall be automatically applied.
(4) In any combination of motor -drawn vehicles means shall be
provided for applying the rearmost trailer brakes, of any trailer
equipped with brakes, in approximate synchronism with the brakes on
the towing vehicle and developing the required braking effort on
the rearmost wheels at the fastest rate; or means shall be provided
for applying braking effort first on the rearmost trailer equipped
with brakes; or both of the above means capable of being used al-
ternately may be employed.
(5) One of the means of brake operation shall consist of a
mechanical connection from the operating lever to the brake shoes
or bands and this brake shall be capable of holding the vehicle, or
combination of vehicles, stationary under any condition of loading
at any point on the street or highway on which it is operated.
(6) A. The brake shoes operating within or upon the drums on
the vehicle wheels of any motor vehicle may be used for both service
and hand operation.
B. Performance ability of brakes. Every motor vehicle
or combination of motordrawn vehicles shall be capable at all times
and under all conditions of loading of being stopped on a dry,
smooth, level road free from loose material, upon application of
the service (foot) brake, within the distance specified below, or
shall be capable of being decelerated at a sustained rate corre-
sponding to these distances:
10
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Ordinance No. 167 - Page 33
y,, Feet to Stop Deceleration
from 20 miles in ft. per
VEHICLES OR combi- per hour second
nation of vehicles
having brakes on
all wheels 30 14
VEHICLES OR combi-
nation of vehicles
not having brakes
on all wheels 40 10.7
(c) Maintenance of brakes. All brakes shall be maintained in
good working order and shall be so adjusted as to operate as equally
as possible with respect to the wheels on opposite side of the ve-
hicle.
Section 119. Horns and Warning Devices. (a) Every motor ve-
hicle when operated upon a street or highway shall be equipped with
a horn in good working order and capable of emmitting sound audible
under normal conditions from a distance of not less than two hundred
(200) feet, but no horn or other warning device shall emit an un-
reasonably loud or harsh sound or a whistle. The driver of a motor
vehicle shall, when necessary to insure safe operation, give audible
warning with his horn, but shall not otherwise use such horn when
upon a street or highway.
(b) No vehicle shall be equipped with nor shall any person use
upon a vehicle any siren, whistle, or bell, except as otherwise per-
mitted in this section.
(c) It is permissible but not required that any commercial ve-
hicle be equipped with a theft alarm signal device which is so ar-
ranged that it cannot be used by the driver as an ordinary warning
signal.
(d) Any authorized emergency vehicle may be equipped with a
siren, whistle, or bell, capable of emitting sound audible under
normal conditions from a distance of not less than five hundred
(500) feet and of a type approved by the department, but such sirer .
shall not be used except when such vehicle is operated in response
to an emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which said latter event the driver
of such vehicle shall sound said siren when necessary to warn pedes-
trians and other drivers of the approach thereof.
Section 120, Mufflers, Prevention of Noise. (a) Every motor
vehicle shall at all times be equipped with a muffler in good work-
ing condition and in constant operation to prevent excessive or un-
usual noise and annoying smoke, and no person shall use a muffler
cut -out, by -pass, or similar device upon a motor vehicle on a street
or highway.
(b) The engine and power mechanism of every motor vehicle
`, shall be so equipped and adjusted as to prevent the escape of exces-
sive fumes or smoke.
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Section 121. Restrictions as to Tire Equipment. (a) Every
solid rubber tire on a vehicle shall have rubber on its entire
traction surface extending above the edge of the flange of the en-
tire periphery.
(b) No person shall operate or move on any street or highway
any motor vehicle, trailer, or semi - trailer, having any metal tire
in contact with the roadway, rovided, however, this section shall.
not apply to farm wagons and/or farm trailers having a gross weight
less than five thousand (5000) pounds where owners are in the act
of transporting farm products to market or for processing or from
farm to farm.
(c) No tire on a vehicle moved on a street or highway shall
have on its periphery any block, stud, flange, cleat, or spike, or
any other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire, ex-
cept that it shall be permissible to use farm machinery with tires
having protuberances which will not injure the street or highway,
and except also that it shall be permissible to use tire chains of
reasonable proportions upon any vehicle when required for safety
because of snow, ice, or other conditions tending to cause a ve-
hicle to skid.
(d) The City Manager may, in his discretion, issue a special
permit authorizing the operation upon a highway of traction engines
or tractors having movable tracks with transverse corrugations upon
the periphery of such movable tracks or farm tractors or other farm
machinery, the operation of which upon a street or highway would
otherwise be prohibited under this Ordinance.
Section 122. Vehicle Transporting Explosives. Any person
operating any vehicle transporting any explosive as a cargo or pare
of a cargo upon a street or highway shall at all times comply with
the provisions of this section.
(a) Said vehicle shall be marked or placarded on each side and
the rear with the word "Explosives" in letters not less than eight
(8) inches high, or there shall be displayed on the rear of such
vehicle a red flag not less than twenty -four (24) inches square
marked with the word "Danger" in white letters six (6) inches high.
(b) Every said vehicle shall be equipped with not less than
two (2) fire extinguishers of at least one -quart capacity each,
filled and ready for immediate use, and placed at a convenient
point on the vehicle so used.
ARTICT,F XIV - INSPECTION OF VEHICLES
Section 123. Vehicles without Required Equipment or in Unsafe
Condition. No person shall drive or move on any highway any motor
vehicle, trailer, semi - trailer, or pole trailer, or any combination
thereof unless the equipment upon any and every said vehicle is in
good working order and adjustment as required in this Ordinance, and
said vehicle is in safe mechanical condition as not to endanger the
r , driver or other occupant or any person upon the highway or street.
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Ordinance No. 167 - Page 35
Section 124. Inspection by Officers of the Department, A
Police officer may at any time, upon reasonable cause to believe
that a vehicle is unsafe or not equipped as required by law, or
that its equipment is not in proper adjustment or repair, require
the driver of such vehicle to stop and submit such vehicle to an
inspection and such test with reference thereto as may be appro-
priate.
Section 125. Owners and Divers to Comply with Inspection
Laws. No person driving a vehicle shall refuse to submit such ve-
hicle to an inspection and test when required to do so by any
Police officer.
ARTICLE XV - PENALTIES ,AND DISPOSITION OF FINES AND FORFEITURES
Section 126. Penalties for Misdemeanors. (a) It is a mis-
demeanor for any person to violate any of the provisions of this
Ordinance.
(b) Every person convicted of a violation of any of the pro-
visions of this Ordinance for which another penalty is not provided
shall be punished by a fine of not less than One Dollar ($1.00) nor
more than Two Hundred Dollars ($200.00).
ARTICLE XVI - PARTIES, PROCEDURE UPON ARREST Ami REPORTS IN
CRIMINAL CASES
Section 127. Parties to A Crime. Every person who commits,
attempts to commit, conspires to commit, or aids or abets in the
individually or in connection with one or more other persons or as
a principal, agent, or accessory, shall be guilty of such offense,
and every person who falsely, fraudulently, forcibly, or wilfully
induces, causes, coerces, requires, permits, or directs another to
violate any provision of this Ordinance is likewise guilty of such
offense.
Section 128. Offense by Persons Owning or Controlling Vehi-
cles. It is unlawful 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 vehicle upon a street or
highway in any manner contrary to law.
Section 129. When a Person Arrested Must Be Taken Immediately
before a Magistrate. Whenever any person is arrested for any vio-
lation of this Ordinance the arrested person shall be immediately
taken before the City Judge:
(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 failure to
stop in the event of an accident, causing death, personal injuries,
or damage to property;
- 193 -
Ordinance No. 167 - Page 36
`r✓ (5) In any other event when the person arrested refuses to
give his written promise to appear in court as hereinafter provided.
Section 130. When Person Arrested to be Given Five (5) Days'
Notice to Appear in Court. (a) Whenever a person is arrested for
any violation of this Ordinance and such person is not immediately
taken before the City Judge as hereinbefore required, the arresting
officer shall prepare, in duplicate, written notice to appear in
court, containing the name and address of such person, the license
number of his vehicle, if any, the offense charged, and the time
and place when and where such person shall appear in court. Pro-
vided, however, that the offense of speeding shall be the only
offense making mandatory the issuance of a written notice to appear
in court, and only then if the arrested person gives his written
promise to appear in court by signing, in duplicate, the written
notice prepared by the arresting officer.
(b) The time specified in said notice to appear must be at
least five (5) days after such arrest unless the person arrested
shall demand an earlier hearing.
(c) The place specified in said notice to appear must be be-
fore an magistrate within the city or county in which the offense
charged is alleged to have been committed and who has jurisdiction
of such offense.
(d) The arrested person, in order to secure release as pro-
vided 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 re-
tained by said officer and the copy thereof delivered to the person
arrested. Thereupon, said officer shall forthwith release the per-
son arrested from custody.
(e) Any officer violating any of this provisions of this sec-
tion shall be guilty of misconduct in office and shall be subject
to removal from office.
Section 131. Violation of Promise to Appear. (a) Any person
wilfully violating his written promise to appear in court, given
provided in this Article, is guilty of a misdemeanor, regardless of
the disposition of the charge upon which he was originally ar-
rested.
(b) A written promise to appear in court may be complied with
by an appearance by counsel.
,Section 132. Procedure Prescribed Herein Not Exclusive. The
foregoing provisions of this Article shall govern all police offi-
cers in making arrest without a warrant for violations of this
Ordinance, but the procedure prescribed herein shall not otherwise
be exclusive of any other method prescribed by law for the arrest
and prosecution of a person for an offense of like grade.
Section 133. Arrest without Warrant. Any peace officer is
authorized to arrest without warrant any person found committing a
violation of any provision of this Ordinance.
- 194 -
Ordinance No. 167 - Page 37
he ARTICLE XVII - PRESCRIBING AN EFFECTIVE DATE
Section 134. This Ordinance shall take effect and be in force
from and after the 1st day of July, 1951.
ARTICLE XVIII - REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
Section 135. All ordinances or parts of ordinances in conflict
herewith are hereby expressly repealed to the extent of such con-
flict.
ARTICTF XIX - PROVIDING A SAVING CLAUSE
Section 136. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, clause, or part thereof, irrespec-
tive of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Passed, approved and publication of caption ordered on this 13 day
of November, 1951 A. D.
APP ROVED :
s /Ernest Langford
Mayor
ATTEST:
s /N, M, McGinnis
City Secretary
PP
- 195 -
ORDINANCE NO. 224
he
AN ORDINANCE AMENDING ORDINANCE NO. 167 OF THE CITY OF COLLEGE
STATION, TEXAS, 1951, BY ADDING A NEW SECTION AFTER SECTION 43
OF ARTICLE 5 TO BE KNOWN AS SECTION 43A, ENTITLED, "NEGLIGENT
COLLISIONS "; DEFINING THE OFFENSE OF NEGLIGENT COLLISION AND
PRESCRIBING A PENALTY FOR THE VIOLATION OF THE OFFENSE, AND
PRESCRIBING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE City of College Station, Texas:
Section I. That ordinance No. 167 of the City of College
Station, Texas, 1951 be, and the same is hereby amended by add-
ing after Section 43, Article 5, a new section to be known as
Section 43A, defining the offense of negligent collision.
NEGLIGENT COLLISIONS - No person driving or operating, or in
charge of any motor vehicle, animal, railroad engine, railroad car,
or any other vehicle shall, by negligence, cause or suffer or per-
mit the same to come in collision with any other vehicles of any
nature whatever, or with any animal, person, street post, water
plug, mail box or any other obstacle or object whatever, in or
on any street, alley, avenue, highway or other public place
whatever, in the City of College Station. Violation of this
section shall be known as the offense of "negligent collision ".
Section II. NEGLIGENCE - Negligence is the want of such
care and caution as a person of ordinary prudence would use under
like or similar circumstances, Negligence shall be prima facie
presumed from the fact of collision.
Section III. Every person convicted of a violation of this
ordinance shall be punished by a fine of not less than one ($1.00)
Dollar nor more than Two Hundred ($200.00) Dollars,
Section IV. This ordinance shall take effect and be in force
from and after its final passage and publication as prescribed by
the Charter.
Passed and approved this 27th day of February, 1956.
APPROVED:
s/ Ernest Langford
Mayor
ATTEST:
s/ N. M. McGinnis
City Secretary
- 226 -
"Traffic Code"
Chapter 10
Code of Ordinance
CHAPTER 10
TRAFFIC CODE
SECTION 1: ADOPTION OF UNIFORM ACT
The City Council hereby adopts the Texas Uniform Act Regulating Traffic on Highways, known as
Article 6701d of Vernon's Texas Civil Statutes, as heretofore and hereafter amended, and all other
state motor vehicle laws, and re- ordains that such act and laws shall be in full force and effect upon all
streets, roads, alleys, and thoroughfares within the City of College Station, Texas.
EDITOR'S NOTE: Section 1 above supersedes Ordinance No. 167 of November 13, 1951, as subsequently amended,
which adopted The Traffic Code of 1951.
SECTION 2: TRAFFIC CONTROL DEVICES
A. TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES ADOPTED
All traffic control devices including signs, signals, and markings on pavement and curbs 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, which is published by
the State Department of Highways and Public Transportation. All traffic control devices so
erected shall be official traffic control devices of the City of College Station, Texas.
B. THROUGH STREETS
The City hereby designates certain streets as through streets. The designated through
streets for the City of College Station are described in Traffic Control Device Inventory -
Schedule I, (dated September 1, 1981) on file in the office of the City Secretary. This schedule
is hereby adopted and incorporated in this Code as if set out at length herein. The schedule
may be amended from time -to -time by ordinance of the City Council. A current schedule shall
be maintained by the City Secretary at all times. Whenever any ordinance modification of this
city designates and describes a through street, it shall be the duty of the City to place and
maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersec-
tion, a yield sign, on each and every street intersecting such through street unless traffic at
any such street is controlled at all times by traffic control signals; provided, however, that at
the intersection on two (2) such through streets, or at the intersection of a through street and
a heavily traveled street not so designated, stop signs shall be erected at the approaches of
either, or both of said streets as may be determined by the City upon the basis of an
engineering and traffic study.
(Ordinance No. 1320, of September 10, 1981)
C. FOUR -WAY STOP INTERSECTIONS
The City hereby designates certain intersections to be controlled by four -way stop signs. The
designated four -way stop intersections for the City of College Station are described in Traffic
Control Device Inventory - Schedule II, on file in the office of the City Secretary. This
schedule is hereby adopted and incorporated in this Code as if set out at length herein. The
schedule may be amended from time to time by ordinance of the City Council. A current
schedule shall be maintained by the City Secretary at all times.
Dartmouth Street at Krenek Tap Road
(Ordinance No. 3048, of February 28, 2008)
(1115
Ea at Brandenburg Lane
(Ordinance No. 3157, of Janu gle 22 , 2009) Avenue
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Rev. 02/07
D. SPECIAL HAZARD INTERSECTIONS CONTROLLED BY STOP SIGNS
The City hereby designates certain special hazard intersections to be controlled by stop signs.
The designated special hazard intersections for the City of College Station to be controlled by
stop signs are described in Traffic Control Device Inventory - Schedule III on file in the office
of the City Secretary. This schedule is hereby adopted and incorporated in this Code as if set
out at length herein. The schedule may be amended from time to time by ordinance of the
City Council. A current schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 2878 of March 9, 2006; Ordinance No. 2943 of January 11, 2007, Ordinance No. 3159 of January, 22,
2009))
1) Remove the following:
"St. Andrews at Congressional"
2) Include the following:
"New Port at Barron
Congressional at St. Andrews"
(Ordinance No. 3162 of February 12, 2009)
E. SPECIAL HAZARD INTERSECTIONS CONTROLLED BY YIELD SIGNS
The City hereby designates certain special hazard intersections to be controlled by yield signs.
The designated special hazard intersections for the City of College Station to be controlled by
yield signs are described in the Traffic Control Device Inventory - Schedule IV, (dated August
2, 1988) on file in the office of the City Secretary. This schedule is hereby adopted and
incorporated in this Code as if set out at length herein and is amended by adding a yield sign
at the following special hazard intersection:
(1111/ James Parkway Westbound at Puryear Drive
The schedule may be amended from time -to -time by ordinance of the City Council. A current
schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 1772 of August 11, 1988; Ordinance No. 2094 of October 13, 1994; Ordinance No. 2957 of February 22,
2008)
Arrington Road at Arrington Road
(Ordinance No. 1772 of August 11, 1988)
F. SCHOOL ZONES
The City hereby designates school zones on certain streets. A maximum speed limit
designated in the Traffic Control Device Inventory - Schedule V (dated February 9, 2006)
during the hours designated by this ordinance on regularly scheduled days is established
within the designated school zones except school zones on state highways where the
maximum speed limit shall be determined by the State Department of Public Transportation.
The designated school zone speed limits and the hours regulating the time of day that each
zone is in effect are described in Traffic Control Device Inventory - Schedule V (dated
February 9, 2006) on file in the office of the City Secretary. This schedule is hereby adopted
and incorporated in this Code as if set out at length herein.
The schedule may be amended from time to time by ordinance of the City Council. A current
schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 2868 of February 9, 2006)
L or. G. BIKEWAYS AND BIKE PROHIBITIONS
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Rev. 02/07
(1) The City hereby designates certain city streets as bikeways and other streets where
Lor bicycle travel is to be prohibited. The designated bikeways and bicycle prohibitions
for the City of College Station shall be controlled by appropriate signing from the
manual of Uniform Traffic Control Devices. These are described in Traffic Control
Device Inventory - Schedule VI, on file in the office of the City Secretary. This
schedule is hereby adopted and incorporated in this Code as if set out at length
herein. The schedule may be amended from time to time by ordinance of the City
Council. A current schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 1678 of September 11, 1986, as amended by Ordinance No. 1719 of August 24, 1987)
(2) Any person who travels on a bicycle on any street prohibited under Subsection G (1)
above shall be subject to a fine pursuant to the General Penalty set out in Chapter 1,
Section 5, of this Code of Ordinances."
(Ordinance No. 2030 of September 9, 1993)
(3) Parking is not permitted in a bike lane unless otherwise designated in Chapter 10,
Section 4.E of this Code of Ordinances.
(Ordinance No. 2319 of April 9, 1998)
L
10 -3
Rev. 02/07
H. RATIFICATION OF EXISTING TRAFFIC CONTROL DEVICES
All traffic control signs, signals, devices, and markings placed or erected prior to the adoption
of this Code and in use for the purpose of regulating, warning, or guiding traffic are hereby
affirmed, ratified, and declared to be official traffic control devices; provided such traffic
control devices are not inconsistent with the provisions of this chapter or state law.
(Ordinance No. 1268 of February 12, 1981, as amended by Ordinance No. 1719 of August 24, 1987)
DUTY TO OBEY INSTRUCTIONS OF TRAFFIC CONTROL DEVICES
The driver of any vehicle shall obey the instructions of any official traffic control device
applicable thereto, placed in accordance with the provisions of this section, unless otherwise
directed by a traffic or police officer, subject to the exceptions granted the driver of an
authorized emergency vehicle. No provision of this section for which official traffic control
devices are required shall be enforced against an alleged violation if, at the time and place of
the alleged violation, an official device is not in proper position and sufficiently legible to be
seen by an ordinarily observant person.
(Ordinance No. 1416 of March 24, 1983)
J. ONE -WAY STREETS AND ALLEYWAYS
The City hereby designates certain streets and alleyways to be controlled by one -way signs.
The designated one -way streets and alleyways for the City of College Station are described in
Traffic Control Device Inventory - Schedule VII, (dated June 1, 1989) on file in the office of the
City Secretary. This schedule is hereby adopted and incorporated in this Code as if set out at
length herein and amended to include the following one -way streets and /or alleyways.
(IW (1) Alleyway on the south boundary of the Southgate Shopping Center. This alleyway
shall be signed one -way traveling from Montclair Avenue to Highland Street.
A current schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 1812 of June 22, 1989)
(2) "Milliff Road beginning at its intersection with Rosemary Lane and extending 250 feet
to the east.
(Ordinance No. 3026 of December 13, 2007
(3) Patricia Street beginning at its intersection with College Main and ending at its
intersection with Lodge Street to be one -way westbound.
(Ordinance 3055 of February 28, 2008)
K. SPECIAL HAZARD INTERSECTIONS CONTROLLED
BY NO RIGHT TURN, NO LEFT TURN SIGNS
The City hereby designates certain intersections to be controlled by "NO RIGHT - TURN," or
"NO LEFT - TURN" signs. The designated no right -turn and no left -turn locations for the City of
College Station are described in the Traffic Control Device Inventory -- Schedule VIII (dated
January 12, 2006) on file in the office of the City Secretary. This schedule is hereby adopted
and incorporated in the Code as if set out at length herein. The schedule may be amended
from time -to -time by ordinance of the City Council. A current schedule shall be maintained by
the City Secretary at all times.
(Ordinance No. 2872 of February 9, 2006)
L. TRUCK PROHIBITIONS
The City hereby designates certain city streets to be controlled by either NO TRUCKS or NO
THRU TRUCKS signs with an attached advisory plate indicating a specified weight limit. The
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Rev. 02/07
(11, designated streets on which these signs are posted along with the specified weight limits are
described in Traffic Control Device Inventory - Schedule IX, (dated October 24, 1996) on file
in the office of the City Secretary. This schedule is hereby adopted and incorporated in this
Code as if set out at length herein and designates the following streets to be controlled by
either NO TRUCKS or NO THRU TRUCKS along with the specified weight limit signs:
Munson Avenue between Lincoln and Dominik 10,000 lbs.
(110e
10 -5
Rev. 02/07
L The foregoing schedule may be amended from time to time by ordinance of the City Council.
A current schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 2216 of October 24, 1996)
M. EMERGENCY 911 GATES
The City hereby designates certain city streets to be closed to traffic with the
installation of an Emergency 911 Gate. The designated streets on which these gates
are installed are described in Traffic Control Device Inventory - Schedule X, (dated
August 28, 1997) on file in the office of the City Secretary. This schedule is hereby
adopted and incorporated in this Code as if set out at length herein and designates
the following streets to be closed to traffic with an Emergency 911 Gate:
Munson Avenue between fifteen feet (15') and thirty feet (30') south
of Lincoln Avenue.
The foregoing schedule may be amended from time to time by ordinance of the City
council. A current schedule shall be maintained by the City Secretary at all times.
(Ordinance No. 2260 of August 28, 1997; amended by Ordinance No. 2355 of October 22, 1998)
Redmond Drive 185 feet south of the intersection of Redmond Drive and Rosemary
Lane.
(Ordinance No. 3027 of December 13, 2007)
N. U -TURN PROHIBITIONS
L The City hereby designates certain locations of city streets to be controlled by NO U-
TURN signs. The designated no u -turn locations for the City of College Station are
described in the Traffic Control Device Inventory -- Schedule XI (dated August 18,
2008) on file in the office of the City Secretary. This schedule is hereby adopted and
incorporated in this Code as if set out at length herein. The schedule may be
amended from time -to -time by ordinance of the City Council. A current schedule shall
be maintained by the City Secretary at all times."
(Ordinance No. 3101 of August 28, 2008)
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Rev. 02/07
L SECTION 3: SPEED LIMITS
A. NO PERSON TO DRIVE VEHICLE ON ANY STREET AT A SPEED GREATER THAN IS
REASONABLE AND PRUDENT
No person shall drive a vehicle on any street in the city limits of College Station at a speed
greater than is reasonable and prudent under the conditions and having regard to the actual
and potential hazards then existing. In every event, speed shall be so controlled as may be
necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the
highway in compliance with legal requirements and it shall be the duty of all persons to use
due care. No person shall operate or drive any motor vehicle or other vehicle within the
corporate limits of the City of College Station on any street at a greater speed than thirty (30)
miles per hour, unless signs are erected designating another speed limit, or in any alley at a
greater speed than fifteen (15) miles per hour.
B. SPEEDS GREATER OR LESS THAN THIRTY MILES PER HOUR TO BE DETERMINED BY
ENGINEERING AND /OR TRAFFIC INVESTIGATION
Whenever the City shall determine upon the basis of an engineering and /or traffic
investigation that the thirty (30) miles per hour speed limit hereinbefore set forth is greater or
less than is reasonable or safe under the conditions found to exist at any intersection or other
place, or upon any part of the street or highway, the City shall, upon authorization by the City
Council by appropriate ordinance, establish such speed limit as shall be effective at all times
when appropriate signs giving notice thereof are erected at such intersection or other place or
part of the highway or street.
C. NO PERSON TO DRIVE AT SUCH SLOW SPEED AS TO IMPEDE NORMAL MOVEMENT
OF TRAFFIC
No person shall drive a motor vehicle at such a slow speed as to impede the normal and
reasonable movement of traffic, except when reduced speed is necessary for safe operation,
or in compliance with law, or at the direction of a police officer. Police officers are hereby
authorized to enforce this provision by directions to drivers and, in the event of apparent willful
disobedience to this provision and refusal to comply with the direction of an officer in
accordance herewith, the continued slow operation by a driver shall be a misdemeanor.
D. SPEED LIMITATIONS NOT APPLICABLE TO EMERGENCY VEHICLE RESPONDING TO
EMERGENCY CALL
Speed limitations set forth in this section shall not apply to an authorized emergency vehicle
when responding to an emergency call or when used in pursuit of an actual or suspected
violator of the law, or when responding to but not upon returning from a fire alarm, and the
driver thereof sounds audible signal by bell, siren, or exhaust whistle, and /or when such
emergency vehicle is equipped with at least one (I) lighted lamp exhibiting red light visible
under normal atmospheric conditions from a distance of five hundred feet (500') to the front of
such vehicle. This provision shall not relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons using the street, nor shall it
protect the driver of any such vehicle from the consequence of a reckless disregard of the
safety or others.
E. SPEED LIMITS ESTABLISHED FOR CERTAIN DESCRIBED STREETS
(1) No person shall operate or drive a motor vehicle or other vehicle upon the following
described streets at a greater speed than the speed designated for that street or
portion of that street as set forth herein, or for streets and highways not designated
herein when speeds have been determined and properly posted in accordance with
the provisions of this section. Any speed in excess of the limits set forth in this
section, or when limits are properly posted in accordance with the provisions of this
section, shall be prima facie evidence that such speed is neither reasonable nor
prudent and is unlawful.
(Provision for inclusion of Section 1, 2, and 3.A through 3.E(I) above provided for in ordinance
(i1W adopting this Code of Ordinances.)
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Rev. 02/07
41W (2) The following are certain designated areas in which a specific rate of speed is hereby
designated:
(a) FM 60 (Raymond Stotzer Parkway / University Drive), for traffic moving in an
westerly direction for 1.696 miles from the intersection with FM 158, the
speed limit shall be sixty (60) miles per hour. For the next 1.642 miles, the
speed limit shall be forty -five (45) miles per hour. For the next 0.776 miles,
the speed limit shall be forty (40) miles per hour. For the next 0.649 miles, the
speed limit shall be thirty -five (35) miles per hour. For the next 0.545 miles,
the speed limit shall be forty (40) miles per hour. For the next 0.960 miles, the
speed limit shall be fifty -five (55) miles per hour. For the next 1.373 miles, to
the College Station west city limit, the speed limit shall be sixty -five (65) miles
per hour.
For traffic moving in a easterly direction for 1.373 miles from the College
Station west city limit, the speed limit shall be sixty -five (65) miles per hour.
For the next 0.960 miles, the speed limit shall be fifty -five (55) miles per hour.
For the next 0.545 miles, the speed limit shall be forty (40) miles per hour.
For the next 0.649 miles, the speed limit shall be thirty -five (35) miles per
hour. For the next 0.776 miles, the speed limit shall be forty (40) miles per
hour. For the next 1.642 miles, the speed limit shall be forty -five (45) miles
per hour. For the next 1.696 miles to the intersection with FM 158, the speed
limit shall be sixty (60) miles per hour.
(Ordinance No. 3085 of August 6, 2008)
(b) Business SH 6 -R (Texas Avenue), for traffic moving in a southerly direction
for the first 1.815 miles from the North City Limit, the speed limit shall be forty
(40) miles per hour. For the next 1.190 miles, the speed limit shall be forty -
five (45) miles per hour. For the next 0.942 mile, the speed limit shall be fifty
cr. (50) miles per hour to the intersection of SH 6 (Earl Rudder Freeway South).
For traffic moving in a northerly direction, for the first 0.166 mile from the
intersection of SH 6 (Earl Rudder Freeway South), the speed limit shall be
fifty -five (55) miles per hour. For the next 0.795 mile, the speed limit shall be
fifty (50) miles per hour. For the next 1.190 miles, the speed limit shall be
forty -five (45) miles per hour. For the next 1.815 miles, the speed limit shall
be forty (40) miles per hour to the North City Limit.
(Ordinance No. 2621 of April 10, 2003)
(Ordinance No. 2807 of May 26, 2005)
(c) FM 2154 (Wellborn Road), for traffic moving in a southerly direction for the
first 0.600 mile from the North City Limit, the speed limit shall be forty (40)
miles per hour. For the next 0.570 mile, the speed limit shall be thirty -five
(35) miles per hour. For the next 0.331 mile, the speed limit shall be forty
(40) miles per hour. For the next 1.523 miles, the speed limit shall be forty -
five (45) miles per hour. For the next 2.427 miles, the speed limit shall be
forty -five (45) miles per hour to the South City Limits.
For traffic moving in a northerly direction, for the first 2.427 miles, the speed
limit shall be forty -five (45) miles per hour. For the next 1.523 miles, the
speed limit shall be forty -five (45) miles per hour. For the next 0.331 mile, the
speed limit shall be forty (40) miles per hour. For the next 0.570 mile, the
speed limit shall be thirty -five (35) miles per hour. For the next 0.600 mile, the
speed limit shall be forty (40) miles per hour to the North City Limits.
(Ordinance No.3158 of January 22, 2009)
(d) SH 30 (Harvey Road), for traffic moving in an easterly direction for the first
0.250 mile from the intersection with Business SH 6 -R (Texas Avenue), the
(11, speed limit shall be thirty -five (35) miles per hour. For the next 1.490 miles,
the speed limit shall be forty (40) miles per hour. For the next 0.200 mile, the
speed limit shall be fifty (50) miles per hour. For the next 1.444 miles, the
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Rev. 02/07
(111/ speed limit shall be sixty (60) miles per hour. For the next 0.200 mile, the
speed limit shall be fifty (50) miles per hour. For the next 0.189 mile, the
speed limit shall be forty (40) miles per hour to the East City Limit.
For traffic moving in a westerly direction, for the first 0.189 mile from the East
City Limit, the speed limit shall be forty (40) miles per hour. For the next
0.200 mile, the speed limit shall be fifty (50) miles per hour. For the next
1.444 mile, the speed limit shall be sixty (60) miles per hour. For the next
0.200 mile, the speed limit shall be fifty (50) miles per hour. For the next
1.490 miles, the speed limit shall be forty (40) miles per hour. For the next
0.250 mile, the speed limit shall be thirty -five (35) miles per hour to the
intersection of Business SH 6 -R (Texas Avenue).
(e) FM 2818 (Harvey Mitchell Parkway South), for traffic moving in a southerly
direction for the first 3.697 miles from the North City Limit, the speed limit
shall be sixty (60) miles per hour to the intersection of Marion Pugh Drive.
For traffic moving in an easterly direction for the next 1.520 miles, the speed
limit shall be fifty (50) miles per hour from the intersection of Marion Pugh
Drive to the intersection of Rio Grande Boulevard. For the next 1.519 miles,
the speed limit shall be forty -five (45) miles per hour to the intersection of SH
6 (Earl Rudder Freeway South) East Frontage Road.
For traffic moving in a westerly direction for the first 1.519 miles from the
intersection of SH 6 (Earl Rudder Freeway South) West Frontage Road, the
speed limit shall be forty -five (45) miles per hour to the intersection of Rio
Grande Boulevard. For the next 1.520 miles, the speed limit shall be fifty (50)
miles per hour from the intersection of Rio Grande Boulevard to the
intersection of Marion Pugh Drive.
For traffic moving in a northerly direction for the next 3.697 miles, the speed
limit shall be sixty (60) miles per hour from the intersection of Marion Pugh
Drive to the North City Limit.
(f) FM 2347 (George Bush Drive), for traffic moving in an easterly direction for
the first 0.350 mile from Easterwood Airport, the speed limit shall be thirty -five
(35) miles per hour. For the next 0.200 mile, the speed limit shall be forty -five
(45) miles per hour. For the next 0.670 mile, the speed limit shall be fifty (50)
miles per hour. For the next 0.200 mile, the speed limit shall be forty -five (45)
miles per hour. For the next 1.450 miles, the speed limit shall be forty (40)
miles per hour to the intersection of Business SH 6 -R (Texas Avenue).
For traffic moving in a westerly direction, for the first 1.450 miles from the
intersection of Business SH 6 -R (Texas Avenue), the speed limit shall be
forty (40) miles per hour. For the next 0.200 mile, the speed limit shall be
forty -five (45) miles per hour. For the next 0.670 mile, the speed limit shall be
fifty (50) miles per hour. For the next 0.200 mile, the speed limit shall be
forty -five (45) miles per hour. For the next 0.350 mile, the speed limit shall be
thirty -five (35) miles per hour to Easterwood Airport.
(g) State Highway 6 West Frontage Road
(i) From the North City Limit south to the intersection of Deacon Drive at
Business SH 6 -R (Texas Avenue) (one way):
Distance Speed Limit
for the first 0.285 miles from the North City Limit 50 miles per hour
for the next 0.835 miles 45 miles per hour
for the next 0.330 miles 40 miles per hour
for the next 0.350 miles 45 miles per hour
for the next 0.675 miles 50 miles per hour
for the next 1.028 miles 55 miles per hour
for the next 0.250 miles 50 miles per hour
for the last 0.200 miles to the intersection of Texas 45 miles per hour
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Rev. 02/07
(ii) For traffic moving in a southerly direction from the intersection of
Deacon Drive at Business SH 6 -R (Texas Avenue) to Greens Prairie
Road:
Distance Speed Limit
for the first 0.892 miles from Deacon Drive 45 miles per hour
for the next 2.302 miles to Greens Prairie Road 55 miles per hour
(iii) For traffic moving in a northerly direction from Greens Prairie Road to
Deacon Drive:
Distance Speed Limit
for the first 2.302 miles from Greens Prairie Road 55 miles per hour
for the next 0.892 miles to Deacon Drive 45 miles per hour
(h) State Highway 6 East Frontage Road
(i) For traffic moving in a northerly direction from Greens Prairie Road to
Sebesta Road:
Distance Speed Limit
for the first 2.302 miles 55 miles per hour
for the next 0.305 miles 50 miles per hour
for the last 0.555 miles to Sebesta Road 55 miles per hour
(ii) For traffic moving in a southerly direction from the overpass of Rock
Prairie Road to Greens Prairie Road:
Distance Speed Limit
for the first 0.113 miles 50 miles per hour
for the last 2.302 miles to Greens Prairie Road 55 miles per hour
(iii) From Sebesta Road north to the North City Limit (one way):
Distance Speed Limit
for the first 0.200 miles from Sebesta Road 40 miles per hour
for the next 2.622 miles 50 miles per hour
for the next 0.320 miles 40 miles per hour
for the next 0.200 miles 45 miles per hour
for the next 0.405 miles 50 miles per hour
for the next 0.300 miles 45 miles per hour
for the last 0.270 miles to the North City Limit 55 miles per hour
(i) The following are certain designated areas in College Station in which a
specific rate of speed is hereby designated:
(1) Holleman Drive, for traffic moving east and west, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Holleman
Drive and FM 2818 (Harvey Mitchell Parkway South) to the
intersection of Holleman Drive and Taurus Avenue.
For traffic moving east and west, the speed limit shall be thirty (30)
miles per hour from the intersection of Holleman Drive and Taurus
Avenue to the intersection of Holleman Drive and Business SH 6 -R
(Texas Avenue).
For traffic moving east and west, the speed limit shall be forty (40)
miles per hour from the intersection of Holleman Drive and Business
SH 6 -R (Texas Avenue) to the intersection of Holleman Drive and SH
6 (Earl Rudder Freeway South) West Frontage Road.
(2) Dartmouth Street, for traffic moving north and south, the speed limit
cof
shall be forty (40) miles per hour from the intersection of Dartmouth
Street and SH 30 (Harvey Road) to the intersection of Dartmouth
Street and Krenek Tap Road.
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Rev. 02/07
(3) FM 2154 (Wellborn Road), for traffic moving north and south, the
speed limit shall be forty -five (45) miles per hour from the North City
Limit to the intersection of FM 2154 (Wellborn Road) and Church
Avenue.
(4) Tarrow Street East, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from the intersection of Tarrow
Street East and Tarrow Street to the intersection of Tarrow Street
East and FM 60 (University Drive).
(5) Emerald Parkway, for traffic moving east and west, the speed limit
shall be thirty -five (35) miles per hour from the intersection of
Emerald Parkway and SH 6 (Earl Rudder Freeway South) East
Frontage Road to the termination of Emerald Parkway.
(6) Finfeather Road, for traffic moving north and south, the speed limit
shall be forty -five (45) miles per hour from the North City Limit to the
intersection of Finfeather Road and F &B Road.
(7) F &B Road, for traffic moving east and west, the speed limit shall be
40 mph from the intersection of FM 2818 and F &B Road to the
intersection of Turkey Creek Road and F &B Road.
(Ordinance 3107of September 11, 2008
(8) Raintree Drive, for traffic moving east and west, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Raintree
Drive and SH 6 (Earl Rudder Freeway South) East Frontage Road to
the termination of Raintree Drive.
Cr' (9) Rock Prairie Road West, for traffic moving east and west, the speed
limit shall be fifty (50) miles per hour from the West City Limit to the
intersection of Rock Prairie Road and FM 2154 (Wellborn Road).
(Ordinance No. 2621 of April 10, 2003)
(10) Rock Prairie Road, for traffic moving east and west, the speed
limit shall be forty (40) miles per hour from the intersection of
Rock Prairie Road and FM 2154 (Wellborn Road) to the
intersection of Rock Prairie Road and SH 6 East Frontage
Road.
For traffic moving in an easterly direction for the first 0.498
mile from the intersection of Rock Prairie Road and SH 6 East
Frontage Road, the speed limit shall be forty -five (45) miles
per hour. For the next 4.489 miles, the speed limit shall be
fifty (50) miles per hour to the South City Limit.
For traffic moving in a westerly direction, for the first 4.489
miles from the South City Limit, the speed limit shall be fifty
(50) miles per hour. For the next 0.498 mile, the speed limit
shall be forty -five (45) miles per hour to the intersection of
Rock Prairie Road and SH 6 East Frontage Road.
(Ordinance No. 2877 of March 9, 2006)
(11) Greens Prairie Road, for traffic moving in an easterly direction for the
first 0.750 mile from the West City Limit, the speed limit shall be fifty -
five (55) miles per hour. For the next 1.666 miles, the speed limit
shall be forty (40) miles per hour. For the next 1.335 miles, the
speed limit shall be fifty -five (55) miles per hour. For the next 3.870
L miles, the speed limit shall be sixty (60) miles per hour to the
intersection of Greens Prairie Road and SH 30.
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Rev. 02/07
For traffic moving in a westerly direction for the first 3.870 miles from
(NW the intersection of Greens Prairie Road and SH 30, the speed limit
shall be sixty (60) miles per hour. For the next 1.335 miles, the
speed limit shall be fifty -five (55) miles per hour. For the next 1.666
miles, the speed limit shall be forty (40) miles per hour. For the next
.075 mile, the speed limit shall be fifty -five (55) miles per hour to the
West City Limit.
(Ordinance No. 2789 of March 10, 2005)
(12) Southwest Parkway, for traffic moving east and west, the speed limit
shall be forty (40) miles per hour from the intersection of Southwest
Parkway and FM 2154 (Wellborn Road) to the intersection of
Southwest Parkway and Welsh Avenue.
For traffic moving east and west, the speed limit shall be thirty -five
(35) miles per hour from the intersection of Southwest Parkway and
Welsh Avenue to the intersection of Southwest Parkway and
Business SH 6 -R (Texas Avenue).
Southwest Parkway, for traffic moving east and west, the speed limit
shall be forty -five (45) miles per hour from the intersection of
Southwest Parkway and Business SH 6 -R (Texas Avenue) to the
intersection of Southwest Parkway and SH 6 (Earl Rudder Freeway
South) West Frontage Road.
(13) Tarrow Street, for traffic moving north and south, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Tarrow
Street and FM 60 (University Drive) to the intersection of Tarrow
Street and Lincoln Avenue.
(111W (14) Anderson Street, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from the intersection of
Anderson Street and FM 2347 (George Bush Drive) to the
termination of Anderson Street.
(15) Dexter Drive, for traffic moving north and south, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Dexter
Drive and FM 2347 (George Bush Drive) to the intersection of Dexter
Drive and Thomas Street.
For traffic moving north and south, the speed limit shall be thirty (30)
miles per hour from the intersection of Dexter Drive and Thomas
Street to the intersection of Dexter Drive and Holleman Drive.
(16) Dominik Drive, for traffic moving east and west, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Dominik
Drive and Business SH 6 -R (Texas Avenue) to the intersection of
Dominik Drive and Munson Avenue.
For traffic moving east and west, the speed limit shall be thirty (30)
miles per hour from the intersection of Dominik Drive and Munson
Avenue to the termination of Dominik Drive.
(17) Krenek Tap Road, for traffic moving east and west, the speed limit
shall be thirty -five (35) miles per hour from the intersection of Krenek
Tap Road and Business SH 6 -R (Texas Avenue) to the intersection
of Krenek Tap Road and SH 6 (Earl Rudder Freeway South) West
Frontage Road.
(18) George Bush Drive East, for traffic moving east and west, the speed
limit shall be thirty (30) miles per hour from the intersection of George
Bush Drive East and Business SH 6 -R (Texas Avenue) to the
intersection of George Bush Drive East and Foster Avenue.
10 -12
Rev. 02/07
For traffic moving north and south, the speed limit shall be twenty -five
(25) miles per hour from the intersection of George Bush Drive East
and Foster Avenue to the intersection of George Bush Drive East and
Dominik Drive.
For traffic moving north and south, the speed limit shall be thirty -five
(35) miles per hour from the intersection of George Bush Drive East
and Dominik Drive to the intersection of George Bush Drive East and
Holleman Drive.
(19) Lincoln Avenue, for traffic moving east and west, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Lincoln
Avenue and Business SH 6 -R (Texas Avenue) to the intersection of
Lincoln Avenue and FM 60 (University Drive).
(Ordinance No. 2621 of April 10, 2003)
(20) Longmire Drive, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from its most northern point
north of Valley View Drive to the intersection of Longmire Drive and
Barron Road.
(Ordinance No. 2822 of August 8, 2005)
(21) Marion Pugh Drive, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from the intersection of Marion
Pugh Drive and FM 2347 (George Bush Drive West) to the
intersection of Marion Pugh Drive and Luther Street West.
(22) Ponderosa Drive, for traffic moving east and west, the speed limit
shall be thirty -five (35) miles per hour from the intersection of
Ponderosa Drive and SH 6 West Frontage Road to the intersection of
Ponderosa Drive and Rio Grande Boulevard.
(23) Rio Grande Boulevard, for traffic moving north and south, the speed
limit shall be thirty -five (35) miles per hour from the intersection of
Rio Grande Boulevard and FM 2818 (Harvey Mitchell Parkway South)
to the intersection of Rio Grande Boulevard and Rock Prairie Road.
(24) Sebesta Road, for traffic moving east and west, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Sebesta
Road and SH 6 (Earl Rudder Freeway South) East Frontage Road to
the intersection of Sebesta Road and Sandstone Drive.
(25) Spring Loop, for traffic moving east and west, the speed limit shall be
thirty -five (35) miles per hour from the intersection of Spring Loop
and Tarrow Street to the intersection of Spring Loop and FM 60
(University Drive.
(26) Welsh Avenue, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from the intersection of Welsh
Avenue and Holleman Drive to the intersection of Welsh Avenue and
Rock Prairie Road.
(27) Deacon Drive, for traffic moving east and west, the speed limit shall
be thirty -five (35) miles per hour from the intersection of Deacon
Drive and Business SH 6 -R (Texas Avenue) to the intersection of
Deacon Drive and Welsh Avenue.
For traffic moving east and west, the speed limit shall be forty (40)
miles per hour from the intersection of Deacon Drive and Welsh
Avenue to the intersection of Deacon Drive and FM 2154 (Wellborn
Road).
10 -13
Rev. 02/07
(28) Pebble Creek Parkway, for traffic moving north and south, the speed
limit shall be thirty -five (35) miles per hour from the intersection of
Pebble Creek Parkway and Greens Prairie Road to the intersection
of Pebble Creek Parkway and Royal Adelaide Drive.
(29) Barron Road, for traffic moving northeast and southwest, the speed
limit shall be forty -five (45) miles per hour from the intersection of
Barron Road and FM 2154 (Wellborn Road) to the intersection of
Barron Road and SH 6 West Frontage Road.
(30) Graham Road, for traffic moving northeast and southwest, the speed
limit shall be forty -five (45) miles per hour from the intersection of
Graham Road and FM 2154 (Wellborn Road) to the intersection of
Graham Road and SH 6 West Frontage Road.
(31) Munson Avenue, for traffic moving northwest and southeast, the
speed limit shall be twenty -five (25) miles per hour from the
intersection of Munson Avenue and Lincoln Avenue to the
intersection of Munson Avenue and Dominik Drive.
(32) Ashburn Avenue, for traffic moving northwest and southeast, the
speed limit shall be twenty -five (25) miles per hour from the
intersection of Ashburn Avenue and Lincoln Avenue to the
intersection of Ashburn Avenue and Gilchrist Avenue.
(33) First Street, for traffic moving north and south, the speed limit shall
be twenty -five (25) miles per hour from the intersection of First Street
and Spruce Street to the intersection of First Street and Patricia
Street.
(34) Boyett Street, for traffic moving north and south, the speed limit shall
(kW be twenty -five (25) miles per hour from the intersection of Boyett
Street and Spruce Street to the intersection of Boyett Street and FM
60 (University Drive).
(35) Second Street, for traffic moving north and south, the speed limit
shall be twenty -five (25) miles per hour from the intersection of
Second Street and Cherry Street to the intersection of Second Street
and Church Avenue.
(36) Tauber Street, for traffic moving north and south, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Tauber
Street and Cherry Street to the intersection of Tauber Street and FM
60 (University Drive).
(37) Stasney Street, for traffic moving north and south, the speed limit
shall be twenty -five (25) miles per hour from the intersection of
Stasney Street and Cherry Street to the intersection of Stasney Street
and FM 60 (University Drive).
(38) Lodge Street, for traffic moving north and south, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Lodge
Street and Church Avenue to the intersection of Lodge Street and FM
60 (University Drive).
(39) Church Avenue, for traffic moving east and west, the speed limit shall
be twenty five (25) miles per hour from the intersection of Church
Avenue and FM 2154 (Wellborn Road) to the intersection of Church
Avenue and Nagle Street.
(40) Patricia Street, for traffic moving east and west, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Patricia
Street and First Street to the intersection of Patricia Street and Boyett
Street.
10 -14
Rev. 02/07
(41) Louise Street, for traffic moving east and west, the speed limit shall
(IW be twenty -five (25) miles per hour from the intersection of Louise
Street and FM 2154 (Wellborn Road) to the intersection of Louise
Street and Boyett Street.
(42) Louise Street, for traffic moving east and west, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Louise
Street and Second Street to the intersection of Louise Street and
College Main.
(43) Maple Street, for traffic moving east and west, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Maple
Street and FM 2154 (Wellborn Road) to the intersection of Maple
Street and First Street.
(44) Spruce Street, for traffic moving east and west, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Spruce
Street and First Street to the intersection of Spruce Street and
College Main.
(45) Cherry Street, for traffic moving east and west, the speed limit shall
be twenty -five (25) miles per hour from the intersection of Cherry
Street and Boyett Street to the intersection of Cherry Street and
Nagle Street.
(46) Cross Street, for traffic moving east and west, the speed limit shall be
twenty -five (25) miles per hour from the intersection of Cross Street
and College Main to the intersection of Cross Street and Nagle
Street.
(47) College Main, for traffic moving north and south, the speed limit shall
be twenty -five (25) miles per hour from the North City Limit to the
intersection of College Main and FM 60 (University Drive).
(48) Nagle Street, for traffic moving north and south, the speed limit shall
be twenty -five (25) miles per hour from the North City Limit to the
intersection of Nagle Street and FM 60 (University Drive).
(49) North Forest Parkway, for traffic moving northeast and southwest,
the speed limit shall be forty -five (45) miles per hour from the
intersection of North Forest Parkway and SH 6 (Earl Rudder Freeway
South) East Frontage Road to the intersection of North Forest
Parkway and Appomattox Drive.
(50) Luther Street West, for traffic moving northeast and southwest, the
speed limit shall be forty -five (45) miles per hour from the intersection
of Luther Street West and FM 2818 (Harvey Mitchell Parkway South)
to the intersection of Luther Street West and Marion Pugh Drive.
(51) Victoria Avenue, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from the intersection of Victoria
Avenue and Rock Prairie Road to the termination of Victoria Avenue.
(52) Schaffer Road, for traffic moving northwest and southeast, the speed
limit shall be thirty -five (35) miles per hour from the intersection of
Schaffer Road and Arnold Road to the intersection of Schaffer Road
and Graham Road.
(53) Bird Pond Road, for traffic moving east and west, the speed limit
shall be fifty -five (55) miles per hour from the intersection of Bird
Pond Road and Rock Prairie Road to the East City Limit.
(54) Gateway Boulevard, for traffic moving east and west, the speed limit
shall be thirty -five (35) miles per hour from the intersection of
10 -15
Rev. 02/07
Gateway Boulevard and SH 6 East Frontage Road to the intersection
of Gateway Boulevard and Lakeway Drive.
(55) Nantucket Drive, for traffic moving east and west, the speed limit
shall be thirty -five (35) miles per hour from the intersection of
Nantucket Drive and Snug Harbor to the intersection of Nantucket
Drive and SH 6 West Frontage Road.
(56) Cain Road, for traffic moving east and west, the speed limit shall be
forty (40) miles per hour from the West City Limit to the intersection
of Cain Road and FM 2154 (Wellborn Road).
(Ordinance No. 2621 of April 10, 2003)
(57) Lakeway Drive, for traffic moving north and south, the speed limit
shall be thirty -five (35) miles per hour from the intersection of
Lakeway Drive and Greens Prairie Road to the termination of
Lakeway Drive.
(58) North Graham Road, for traffic moving east and west, the speed limit
shaH be fifty -five (55) miles per hour from the West City Limit to the
intersection of North Graham Road and Old Wellborn Road.
(Ordinance No. 2645 of June 26, 2003)
(59) Dowling Road, for traffic moving east and west, the speed limit shall
be forty -five (45) miles per hour from the West City Limit to the
intersection of Dowling Road and FM 2818.
(Ordinance No. 2882 of April 13, 2006)
(60) Old Wellborn Road, for traffic moving north and south, the speed limit
shall be 45 mph beginning at its most northern end and ending at its
intersection with North Graham Road.
(Ordinance No. 3108 of September 11. 2008)
(j) SH 40 (William D. Fitch Parkway), for traffic moving in a easterly direction for the first
2.655 miles from FM 2154, the speed limit shall be sixty (60) miles per hour. For the
next 0.356 miles to the intersection of the SH 6EFR, the speed limit shall be fifty (50)
miles per hour.
For traffic moving in a westerly direction for the first 0.356 miles from SH 6 EFR, the
speed limit shall be fifty (50) miles per hour. For the next 2.655 miles to the
intersection of FM 2154, the speed limit shall be sixty (60) miles per hour.
(Ordinance No. 3178 of April 23, 2009)
F. SPEED LIMITS ESTABLISHED FOR TRAINS
(1) Upon any railroad track located between the points designated in this Section, it shall
be unlawful for any railroad train, car, engine or locomotive to run at a speed greater
than the maximum speed or the minimum speed prescribed as follows:
LOCATION MAXIMUM MINIMUM
OF TRACKS SPEED /MPH SPEED /MPH
FM 2818 and
Holleman Drive 40 10
ce Holleman Drive and the
city limits of Bryan
at Villa Maria Road 30 10
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Rev. 02/07
In the event that there is no railroad crossing at the roadway indicated, either by virtue
of abandonment or proposed installation, the engine speed shall be reduced to the
lowest speed at the location of the closest direct contact of the street measured on a
perpendicular line to the railroad tracks.
(2) Train speed shall be calculated by the speed of the train engine or locomotive. The
speed shall be determined by K55MPH Industries, Doppler Radar, or other Doppler
Radar certified for service and College Station Police Department approved, pacing
by a City of College Station Police Department police vehicle with a speedometer that
is service certified and College Station Police Department approved, or by any other
technologically reliable speed detection method or device.
(3) It shall be unlawful to stop or cause to be stopped any railroad train, locomotive,
engine, or car across any street, road or highway within the city limits so as to
obstruct or interfere with the passage of vehicular or pedestrian traffic thereon for a
period of time in excess of five minutes.
(Ordinance No. 2621 of April 10, 2003)
Lir
L
10 -17
Rev. 02/07
SECTION 4: ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS
A. PARKING VIOLATIONS MADE CIVIL OFFENSES.
(1) A violation of a provision of this code governing the stopping, standing, or parking of a
vehicle is designated as a civil offense.
(2) A person charged with violating a standing, parking, or stopping ordinance under this
code of ordinances is entitled to an administrative adjudication hearing. Such hearing
shall take place no later than ten (10) business days following the date upon which a
citation is issued.
(Ordinance No. 2532 of November 15, 2001)
B. CITY MANAGER OR HIS DESIGNEE
(1) The City Manager or His Designee shall implement and enforce the provisions of this
section and establish procedures consistent with this section necessary to discharge
the duty or to effect the policy of this section. Under this section, the City Manager or
his Designee shall also have the authority to reduce the civil fine amounts set herein
on a limited basis as part of an amnesty period.
(Ordinance No. 2613 dated February 13, 2003)
C. HEARING OFFICER; POWERS, DUTIES AND FUNCTIONS.
(1) One or more Hearing Officer shall be appointed by the City Manager or His Designee
to administratively adjudicate all parking violations for which a parking citation is
issued.
(a) A hearing officer shall have the authority to:
(i) Administer oaths;
(ii) Accept admissions and hear and determine contests of parking violations
under this code;
(iii) Issue orders enforceable by the Municipal Court compelling the
attendance of witnesses and the production of documents
(iv) Issue orders of immobilization or impoundment of vehicles;
(v) Set conditions for the release of vehicles immobilized or impounded
under this chapter; and
(vi) Dismiss parking citations or cases that the hearing officer determines to
be unenforceable.
(2) Parking Citations
(a) The administrative adjudication process is initiated by the issuance of a
parking citation by a city Parking Enforcement Officer, Code Enforcement
Officer or College Station Peace Officer. A parking citation serves as the
summons and notice of administrative adjudication hearing under this
section.
(be (b) A parking citation shall include the following information:
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Rev. 02/07
c ie (i) The nature, date, time, and location of the alleged parking violation;
(ii) A statement that a person charged with a civil offense under the city's
code of ordinances is entitled to an administrative adjudication hearing to
determine liability for the charged offense and that such right to a hearing
shall be exercised by mail or by appearing before a hearing officer within
(10) business days from the date of the citation.
(iii) The state license plate number of the vehicle, or if the license plate
number is not visible or legible, the vehicle identification number or the
state inspection tag number.
(iv) The make of the vehicle;
(v) A notification that failure to answer the citation or to appear at the
administrative adjudication hearing is considered an admission of liability
for the parking violation and will result in the assessment of civil fines,
costs, and fees.
(c) The original or a copy of a parking citation, including an electronic copy is a
governmental record kept in the ordinary course of city business and is
rebuttable proof of the facts it contains.
(d) A parking citation must be served personally on the operator of a vehicle who
is present at the time of service. If the operator is not present, or cannot be
personally served, the parking citation may be served by affixing the parking
citation to the vehicle in a conspicuous place.
(e) An operator of a vehicle who is not the vehicle's owner, but who uses or
operates the vehicle with the express or implied permission of the owner, is
considered the owners agent authorized to receive a parking citation in
accordance with this section.
(f) The original and all copies of a parking citation are prima facie evidence that
the parking citation was issued and that service was made in accordance with
this section.
(3) Liability of the Vehicle Owner and Operator; Presumption of Liability, Presumption of
Ownership.
(a) Except as provided in Subsection (b), the registered owner and the operator
of a vehicle, when not the same, are both liable to the city for a parking
violation charge, except that the registered owner is not liable if the owner
can prove that the vehicle was operated without the owner's express or
implied consent. Payment of the civil fine, costs, and fees by either the owner
or operator is a final disposition of the charged violation(s).
(b) A vehicle owner who is engaged in the business of renting or leasing vehicles
under written rental or leasing agreements is not liable for civil fines, costs,
and fees imposed by the city on a rented or leased vehicle if, within thirty (30)
days after receiving written notice of a parking violation, the owner provides
an affidavit stating the name, address, and driver's license number and state
of issuance of a person in possession of the vehicle at the time the parking
citation was issued, or a copy of the lease or rental agreement in effect at the
4 11if time the parking citation was issued.
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Rev. 02/07
(c) A lessor of a vehicle who fails to comply with Subsection (b) is liable for civil
fines, costs, and fees.
(d) It is defense to a charge of a parking violation that at the time of the violation,
the illegally parked vehicle was reported to a police department as having
been stolen before the time of the violation and had not yet been recovered.
(e) In a hearing to administratively adjudicate a parking citation or an appeal
hearing therefrom, it is presumed that the registered owner of the vehicle for
which the citation was issued is the person who stopped, stood, or parked the
vehicle at the time and place of the parking violation. A computer - generated
record of the registration of the vehicle with the Texas Department of
Transportation showing the name of the person to whom state license plates
were issued is prima facie evidence of the ownership of the vehicle.
(4) Hearings
(a) At a hearing before a hearing officer, the defendant may either admit, admit
with explanation, or deny the alleged violation.
(b) The issuing parking enforcement officer or peace officer is not required to
attend the hearing.
(c) The City's prosecuting attorney is not required to attend the hearing.
However, if the defendant is represented by legal counsel, the hearing officer
may notify the prosecuting attorney, who shall have the right to appear on
behalf of the City at the hearing.
(d) No formal or sworn complaint shall be necessary. The hearing officer shall
base their decision upon an examination of the contents of the citation and
the evidence related to ownership of the vehicle in question, the
presumptions and other prima facie evidence established by this section and
other applicable law, and the evidence and testimony presented by the
defendant and the City. If the hearing officer determines by a preponderance
of the evidence that the defendant is liable for the violation, the hearing officer
shall find the defendant liable.
(e) At the conclusion of the hearing, the hearing officer shall issue an order
stating whether the defendant is liable for the violation of the parking,
standing or stopping ordinance and the amount, if any, of civil fines, costs or
fees assessed against the defendant.
(f) All orders issued by the hearing officer shall be filed with the clerk of the
College Station Municipal Court. All such orders shall be maintained in a
separate index or file by the Municipal Court Clerk. The order may be
recorded using computer printouts, microfilm, microfiche or electronic or data
processing techniques.
(g) Failure of a defendant to appear by mail or personal appearance within the
aforesaid ten (10) business day period shall be considered an admission of
liability for the charged offense. Such defendant shall be liable for the civil
fines, costs and fees assessed by order of the hearing officer.
(Ordinance No. 2532 of November 15, 2001)
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(100 (5) Appeal from Hearing
(a) A person determined by a hearing officer, to be liable for a parking violation
may appeal the determination by filing a petition with the Municipal Court,
along with any other costs required by law for Municipal Courts not later than
thirty (30) calendar days after the hearing officer's order is filed with the
Municipal Court.
(Ordinance No. 2613 dated February 13, 2003)
(b) Upon receipt of an appeal petition, the Municipal Court shall schedule an
appeal hearing and notify all parties of the date, time, and location of the
hearing.
(c) The appeal hearing shall be a de novo review by the Municipal Judge. Based
upon the evidence presented at the appeal hearing and if the judge
determines by a preponderance of the evidence that the Defendant
committed the violation, the judge shall find the defendant liable therefore.
(d) Service of notice of appeal under this section does not stay the enforcement
and collection of any order of a hearing officer, unless the person filing the
appeal posts with the Municipal Court an appeal bond in an amount equal to
all civil fines, costs and fees assessed by the hearing officer.
(6) Enforcement of Order
(a) A hearing officer's order filed under this section may be enforced by:
(I) Impounding the vehicle that is the subject of the order;
(ii) Immobilizing by placing a device that prohibits movement ( "boot ") on
the vehicle that is the subject of the order; or
(iii) Imposing an additional fine as set out by this section if not paid within
the specified time.
(b) Provided, however, that no vehicle shall be impounded or immobilized under
this section unless:
(I) The person liable under this section has three (3) or more delinquent
unpaid citations in a calendar year; and
(ii) Written notice is mailed to the last known registered owner of the
vehicle by Certified Mail — Return Receipt Requested with a ten (10)
day return at least ten (10) business days before the vehicle is
impounded or immobilized notifying the registered owner that the
vehicle is subject to impoundment or immobilization under this section.
Said notice shall also notify the registered owner of their right to submit
information to a hearing officer regarding the propriety of impoundment
or immobilization.
(7) Procedures for Impoundment and /or Immobilization
(a) When a vehicle is found parked, whether legally or illegally, at any time upon
a public street or public property within the City, and such vehicle has met the
criteria for immobilization or impoundment as provided in Subsection 6(b)
above, any authorized employee designated by the City Manager, peace
officer, or parking enforcement officer for the City, may immobilize the vehicle
by the installation on, or attachment to, the vehicle of a device, or boot,
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(Pe designed to prohibit the movement of the vehicle. In the alternative, such
vehicle may be towed and impounded.
(b) At the time of immobilization, the person executing the immobilization shall
attach to the vehicle a written notice on a form provided by the City that
includes the following information:
(i) Notice that the vehicle has been immobilized pursuant to this section
and that attempted movement may cause damage to the vehicle;
(ii) Instructions as to release of the vehicle;
(iii) Notice that the owner or operator may request a hearing regarding
the immobilization within ten (10) business days following the date of
immobilization; and
(iv) Notice that the vehicle may be towed and impounded if the owner or
a person authorized to act on behalf of the owner does not obtain a
release of the vehicle within twenty -four (24) hours following the
im mobilization.
(c) Notice that failure to request or appear at a hearing as provided in Subsection
7(b)(iii) above waives any objection to the proposed impoundment or
immobilization of the vehicle.
(d) In the event that the vehicle is towed and impounded, the owner shall be
responsible for payment of applicable fees for towing, impoundment and
storage in addition to the fines, costs and fees under this section.
(e) This section is to be cumulative of existing law, and nothing herein shall be
(hre construed to restrict or limit the right to tow and impound vehicles under other
applicable law.
(8) Civil Fines, Costs and Fees
(a) Civil fines, costs and fees assessed in connection with this section shall be
limited to those specified below.
(b) If the vehicle owner or operator remits payment no later than the tenth (10
business day after issuance of the citation, or before the hearing date shown
on the citation, the total fine and costs due for the violation is the amount
shown on the citation as "EARLY PAYMENT FINE ". If payment of the fine is
made on or after the eleventh (11 business day after issuance of the
citation, the owner or operator shall remit the amount shown on the citation
under "STANDARD FINE ".
(c) A payment remitted by mail is considered "remitted" on the post- marked date.
(Ordinance No. 2532 of November 15, 2001)
(d) The following fines, costs and fees are established by the schedule attached
hereto as Schedule "A" and incorporated by reference for all purposes.
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t hor Schedule A
OFFENSE PAYMENT WITHIN 10 DAYS /PAYMENT AFTER
10 DAYS
Parking in prohibited area on unapproved surface $75/$85
Parking in yard or on lawn $75/$85
Parking or stopping in bike lane $35/$45
Parking /stopping /standing- prohibited $50/$60
Parked blocking driveway or alley $25/$35
Parked blocking dumpster $55/$65
Restricted no parking/ time parking $25/$35
Special event violation $25/$35
Parking in fire lane $135/$145
Parking on City park grass $75/$85
Parking truck, tractor, or trailer on City road $75/$85
FEES
Immobilization fee $50
(Ordinance No. 2684 of Decemberl8, 2003)
(9) Certain Conduct Unlawful
(a) it shall be unlawful for any person, other than a peace officer or employee of
the City acting in the course and scope of their duties under this section, to
remove or attempt to remove or to tamper in any manner with the
immobilization device ( "boot ") installed on any vehicle pursuant to this
(NW section.
(b) It shall be unlawful for any person, except under the direction of a peace
officer, to tow or move or to cause to be towed or moved, any vehicle on
which a boot is then installed pursuant to this section from the place the
vehicle was booted.
(c) It shall be unlawful for any person, other than an officer or employee of the
City acting in the course and scope of their duties, or the owner or operator of
a booted vehicle, to remove or relocate any notice placed upon a booted
vehicle pursuant to this section.
(Ordinance No. 2532 of November 15, 2001)
D. PARKING IN BIKE LANES
The City hereby designates certain sections of streets where parking is permitted in a bike
lane on a limited basis during specified times:
(1) Anderson Street from Park Place to Holleman Drive, weekdays from
5:00 p.m. to 6:00 a.m. and on weekends.
(Ordinance No. 2319 of April 9, 1998)
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E. PARKING REGULATIONS FOR CERTAIN DESCRIBED AREAS
(1) The City hereby designates certain areas to be controlled by NO PARKING HERE TO
CORNER or NO PARKING ANYTIME locations for the City of College Station are
described in the Traffic Control Device Inventory — Schedule XII (dated August 18,
2008) on file in the office of the City Secretary. This schedule is hereby adopted and
incorporated in this Code as if set out at length herein. The schedule may be
amended from time -to -time by ordinance of the City Council. A current schedule shall
be maintained by the City Secretary at all times.
(Ordinance No. 3101 of August 28, 2008)
(2) The City Manager or his designee may temporarily allow on- street parking where parking is
currently prohibited by City ordinance as part of a special event and /or where safety along the
street is a concern. The existing No Parking Here to Corner or No Parking Anytime signs
shall be removed or otherwise altered to provide such notice to citizens. Signs shall not be
removed or otherwise altered for more than a consecutive 72 hour period.
(Ordinance No. 2960 of March 8, 2007)
F. TEMPORARY NO PARKING AREAS
The City Manager or his designee may temporarily remove on- street parking in an area where
parking is not currently prohibited by City ordinance. The temporary No Parking sign shall conform
with the Texas Manual on Uniform Traffic Control Devices, which is published by the Texas
Department of Transportation. The temporary no parking sign may be placed as part of a special
event and /or where safety along the street is a concern. The temporary sign shall not be erected for
more than a consecutive 72 hour period.
G. TWO -HOUR PARKING 8:00 a.m. -5:00 p.m. MONDAY - FRIDAY
The City hereby designates certain areas as two -hour parking. The designated Two -
Hour Parking locations for the City of College Station are described in the Traffic Control
Device Inventory — Schedule XIII (dated August 18, 2008) on file in the office of the City
Secretary. This schedule is hereby adopted and incorporated in this Code as if set out at
length herein. The schedule may be amended from time -to -time by ordinance of the City
Council. A current Schedule shall be maintained by the City Secretary at all times."
(Ordinance No. 3101 of August 28, 2008)
H. NORTHGATE PROMENADE PARKING LOT FEES
(1) Fee Schedule. The following fees shall be charged for the use of a parking space in the
Northgate Promenade Parking Lot, located at 310 Church Street:
(a) Per hour fee Up to $3.00 per hour
(b) Special Event fee Up to $25.00 per day
(c) Game Day fee Up to $25.00 per day
(2) Fee Schedule. The following fees shall be charged for the use of a parking space in the
Northgate Parking Garage, located at 309 College Main:
(a) Per hour fee Up to $3.00 per hour
(b) Maximum daily fee $10.00 per day
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(c) Lost ticket fee $10.00 per day
(d) Special Event fee Up to $25.00 per day
(e) Game Day fee Up to $25.00 per day
(3) Fee Schedule. The following fees shall be charged for the use of an on- street parking space
provided by the City of College Station and adjacent to a parking meter anywhere in the Northgate
area, generally located between South College on the East, Wellborn Road on the West, University
Drive on the South and the City limit on the North.
(a) Per hour fee Up to $3.00 per hour
(b) Special Event fee Up to $25.00 per day
(c) Game Day fee Up to $25.00 per day
(4) Hours of Operation.
The parking lot and garage shall be open to the public and monitored Monday through Saturday from
6:00 a.m. until 2:00 a.m., and Sundays from 2:00 p.m. until 2:00 a.m.
(5) Exemptions.
(a) A person may park a motor vehicle in the Northgate Promenade Parking Lot and the
L Northgate College Main Garage and is exempt from the above fees on Sundays between the hours of
7:00 a.m. and 2:00 p.m.
(b) A person may park a motor vehicle in the Northgate Promenade Parking Lot and is exempt
from the above fees if there is displayed on the vehicle valid disabled license plates or a valid disabled
parking placard.
(6) Violations.
It shall be unlawful to fail to remove a motor vehicle from the Northgate Promenade Parking Lot by
4:00 a.m. each day.
It shall be unlawful to park in a space without paying the required fee into the meter for the space
unless covered by an exemption listed above.
It shall be unlawful to park in the parking garage without paying the required fee prior to exiting the
garage, unless covered by an exemption as listed above.
It shall be unlawful to park in such a manner that the vehicle prohibits the use of a adjacent
designated parking space.
(Ordinance No.2960 of March 8, 2007)
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SECTION 5: JUNKED MOTOR VEHICLE REGULATIONS
A. DEFINITIONS
For the purposes of this Section, the following phrases, terms, words, and their derivations
shall have their meaning given herein. When not inconsistent with the context, words used in
the present tense shall include the future. Words used in the plural number include the
singular number. Words used in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
(1) Antique Vehicle means a passenger car or truck that is at least twenty -five (25) years
old.
(2) Junked Motor Vehicle means any motor vehicle as defined in Texas Transportation
Code Title 7, Chapter 683, as amended:
(a) that is self - propelled; and
(b) does not have lawfully affixed to it:
(1) an unexpired license plate; and
(2) a valid motor vehicle safety inspection certificate, and
(c) is:
(1) wrecked, dismantled, partially dismantled, or discarded; or
(2) inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
4 111W (ii) 30 consecutive days, if the vehicle is on private property
(3) Motor Vehicle Collector means a person who owns one or more antique or special
interest vehicles; and acquires, collects or disposes of an antique or special interest
vehicle, or part of an antique or special interest vehicle, for personal use to restore
and preserve an antique or special interest vehicle for historic interest.
(4) Person means any individual, firm, corporation, partnership, association, company or
organization of any kind.
(5) Special Interest Vehicle means a motor vehicle of any age that has not been altered
or modified from the original manufacturer's specifications, and because of its historic
interest, is being preserved by hobbyists.
B. JUNKED MOTOR VEHICLES DECLARED PUBLIC NUISANCE
Junked motor vehicles or parts of junked motor vehicles which are located in any place where
they are visible from a public place or public right -of -way are detrimental to the safety and
welfare of the general public, tend to reduce the value of private property, invite vandalism,
create fire hazards, constitute attractive nuisances creating a hazard to the health and safety
of minors, and produce urban blight which is adverse to the maintenance and continuing
development of the City of College Station, Texas. Because of this, they are public
nuisances.
C. OFFENSE
A person commits an offense if the person maintains a public nuisance as described in this
Section.
D. INAPPLICABILITY OF DECLARING JUNK MOTOR VEHICLES AS PUBLIC NUISANCES
(WI Vehicles or parts of vehicles are not public nuisances if one or more of the following apply:
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(1) The motor vehicle or part thereof is completely enclosed within a building in a lawful
(IV manner and is not visible from the street or other public or private property;
(2) The motor vehicle or part thereof is stored or parked in a lawful manner on private
property in connection with the business of a licensed vehicle dealer or junkyard, or
that is an antique or special interest vehicle stored by a motor vehicle collector on the
collector's property, if the vehicle or part and the outdoor storage area, if any, are:
(a) maintained in an orderly manner;
(b) not a health hazard; and
(c) screened from ordinary public view by appropriate means, including a fence,
rapidly growing trees, or shrubbery.
E. NOTICE TO ABATE PUBLIC NUISANCE
(1) Not less than 10 days' notice of the nature of the nuisance will be given by personal
delivery or sent by certified mail with a five -day return requested or delivered by the United States
Postal Service with signature confirmation service to:
(a) the last known registered owner of the nuisance;
(b) each lienholder of record of the nuisance; and
(c) the owner or occupant of:
(i) the property on which the nuisance is located; or
(ii) if the nuisance is located on a public right -of -way, the property adjacent
to the right -of -way.
(2) The notice shall state that:
(a) the nuisance must be abated and removed not later than the 10th day after the
date on which the notice was personally delivered or mailed; and
(b) any request for a hearing must be made before that 10 -day period expires.
(1111, (3) If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located, personally
delivered.
(4) If notice is returned undelivered, action to abate the nuisance shall be continued to a
date not earlier than the 11th day after the date of the return.
F. PUBLIC HEARING
(1) A public hearing shall be held on request of a person who receives notice as provided
by this Section if the request is made not later than the date by which the nuisance
must be abated and removed and shall be held no earlier than the 11 day after the
date of the service of the notice. Such hearing shall be held before the City Manager
or his designee. At the hearing, the junked motor vehicle is presumed, unless
demonstrated otherwise by the owner, to be inoperable.
(2) Upon a finding that a nuisance as described in this Section exists, the City Manager
or his designee will order such owner or occupant to remove the junked motor vehicle
or vehicle part within ten (10) days after the order is issued. The order shall include a
description of the vehicle, the vehicle identification number and the license number, if
the information is available.
G. REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT
Within ten (10) days after receipt of notice to remove and abate the nuisance, as herein
provided, the owner or occupant may give his written permission to the Chief of Police or his
duly authorized agent for removal of the junked motor vehicle, or parts thereof, from the
premises. The giving of such permission shall be considered compliance with the provisions
of this Section. Cost of removal will be borne by the City. City may offset the cost of removal
with any funds received as scrap value of the vehicle.
H. MUNICIPAL COURT
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(111W If the nuisance is not removed and abated within the time prescribed by order issued by the
City Manager or his designee, or if a public hearing is not requested within the ten (10) day
period as provided above, a complaint concerning this public nuisance may be filed in the
Municipal Court of the City of College Station. Following a hearing and trial, upon a finding of
guilty the defendant shall pay a fine in accordance with the penalty provision in this Section.
On conviction, the Judge of the Municipal Court shall order abatement and removal of the
nuisance within 10 days from the date the order is issued, the same being a reasonable time
unless the Judge sets forth a different time period no shorter than 10 days as reasonable. If
the defendant fails to attend the hearing where the order is issued, a College Station police
officer will deliver or will cause to be delivered such order to the last known address of the
defendant. If the defendant fails to remove and abate the nuisance within the period ordered
by the Judge, the Judge may issue an order directing the Chief of Police to have the nuisance
removed, and the Chief of Police or his duly authorized agent shall take possession of the
junked motor vehicle or part thereof and remove it from the premises. The order shall include
a description of the vehicle, the vehicle identification number and license number of the
vehicle, if the information is available.
RECONSTRUCTION
A junked motor vehicle, shall not be reconstructed or made operable after it has been
removed.
J. RELOCATION OF JUNKED VEHICLE
Relocation of a junked vehicle that is a public nuisance to another location within the City or
county after a proceeding for the abatement and removal of such public nuisance has
commenced has no effect on the proceeding if the junked vehicle constitutes a public
nuisance at the new location.
K. DISPOSAL OF JUNKED MOTOR VEHICLES
(1) A junked motor vehicle, or part thereof, may be removed to a scrap yard, a motor
vehicle demolisher, or a suitable site operated by a city or county.
(2) The City may operate a disposal site if the City Council determines that commercial
channels of disposition are not available or are inadequate. The City may finally
dispose of a junked vehicle or vehicle part, or transfer it to another disposal site if the
disposal is scrap or salvage only.
L. NOTICE TO HIGHWAY DEPARTMENT
The City Manager or his oelegee shall give notice to the Texas Department of Transportation
not later than the fifth (5 )day after the date of removal of the junked motor vehicle or part
thereof. Said notice shall identify the vehicle or vehicle part.
M. ADMINISTRATION
The administration of this Section shall be by regularly salaried, full -time employees of the
City, except that any authorized person may remove the public nuisance.
N. AUTHORITY TO ENFORCE
The City Manager or his delegee authorized to administer this Section may enter private
property to examine a public nuisance, to obtain information to identify the nuisance, and to
remove or direct the removal of the nuisance. The Municipal Court Judge may issue orders
necessary to enforce this subsection.
O. PENALTY
Anyone violating this Section shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed $200.00.
P. EFFECT OF ARTICLE
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(
This article does not affect the law authorizing the immediate removal, as an obstruction to
traffic, of a vehicle left on public property."
(Ordinance No. 3009 dated September 27, 2007)
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SECTION 6: PARKING, STANDING, OR STORING OF RECREATIONAL
VEHICLES, TRAILERS OR TRUCKS IN RESIDENTIAL AREAS
A. DEFINITIONS
(1) Camper - A separate vehicle designed for human habitation which can be attached
and detached to or towed by a motor vehicle.
(2) Driveway - Any paved concrete, asphalt, gravel and /or other impervious surface area
on a lot designed and required to provide direct access for vehicles between a street
and private garage, carport, or other permitted parking space, or parking area or
loading area, garage and attached or detached accessory building located on a lot
developed with a residential dwelling used by the occupant of the premises principally
for, but not limited to, the storage of passenger vehicles or other vehicles and
equipment. Driveways or paved parking areas must be substantially free from grass,
weeds, or other vegetation and must be adequately maintained.
(3) Motor Home - A self- contained vehicle designed for human habitation with its own
motive power and with a passageway from the body of the home to the driver and
front passenger seats.
(4) Motor Vehicle - A self - propelled device in, upon or by which any person or property is
or may be transported.
(5) Recreational Vehicle - Any motor vehicle or trailer designed or used as a travel trailer,
camper, motor home, tent trailer, boat, boat trailer, camping trailer, or other similar
purposes.
(6) Residential area or residential lot - shall mean any area or lot occupied by residential
cor dwellings though the area may be zoned for use other than residential.
(7) Trailer - A vehicle without motive power designed for carrying persons, animals, or
property on its own structure and to be drawn by a vehicle with motive power. The
term shall include, but not be limited to, semi - trailer, and utility trailer. Trailer shall not
include any trailer defined as a recreational vehicle.
(8) Truck - means any motor vehicle designed, used or maintained primarily for the
transportation of property, with a manufacturer's rated carrying capacity exceeding
two thousand (2,000) pounds.
(9) Truck- tractor - means any motor vehicle designed or used primarily for drawing other
vehicles. It is intended that the term includes a motor vehicle that is otherwise a
truck - tractor that may be engaged with a semi - trailer.
B. REGULATIONS
(1) It shall be unlawful for the owner, occupant or person in charge of property used for
residential purposes to permit the parking, standing or storing of trucks, trailers, or
truck - tractors as defined herein in residential areas for other than actual supervised
loading or unloading of goods and passengers. It shall be unlawful for the owner,
occupant or person in charge of property used for residential purposes to permit the
parking, standing or storing of trailers, trucks, or truck - tractors in residential yards or
lawns, including driveways, for other than actual supervised loading or unloading of
goods or passengers.
(2) It shall be unlawful for the owner, occupant or person in charge of property used for
residential purposes to permit the parking, standing or storing of recreational vehicles
on residential streets for a period of time in excess of seventy -two (72) hours within
any thirty (30) day period.
(11Pr (3) It shall be unlawful for the owner, occupant or person in charge of property used for
residential purposes to permit the parking, standing or storing of motor vehicles,
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(10, excluding recreational vehicles on yards or lawns excluding driveways, paved parking
areas, or areas screened from public view by fencing."
(4) It shall be unlawful for the owner or occupant of a vehicle, other than recreational
vehicles , to park or permit the parking, standing or storing of such vehicle on the
yards or lawns of property used for residential purposes. Parking on driveways or
paved parking areas or areas screened from public view by fencing is permitted.
C. SPECIAL EXCEPTIONS
(1) A special exception may be granted to any person identified in Subsection B above,
upon application to and approval by the Zoning Board of Adjustment. The Zoning
Board of Adjustment shall have the authority to accept applications for special ex-
ceptions for the parking of vehicles on front yard lawns in residential areas.
(2) The Zoning Board of Adjustment shall hear and consider applications for special
exceptions for the parking of vehicles on residential yards. The Board may issue
special exceptions where it determines that the issuance will not be contrary to the
public interest, where owing to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship, and so that the spirit
of the ordinance shall be observed and substantial justice done. In the event that the
Board determines that a special exception shall be issued, then it may impose such
restrictions as it deems necessary to protect the character of the neighborhood. Such
restrictions may include, but are not limited to, screening and landscaping.
(3) The Zoning Board of Adjustment shall have the authority, upon ten days written
notice, to set a hearing date to consider whether or not the terms of the special ex-
ception have been complied with upon presentation of evidence by the City staff and
permittee. Upon a finding that the terms of the special exception have been violated,
the Zoning Board of Adjustment shall have the authority to revoke, suspend, maintain
or alter the terms of the special exception issued.
(11W D. EXEMPTIONS
Residential properties zoned A -O, A -OX, or A -OR shall be exempt from the regulations
contained in Subsection B of this Section.
(Ordinance No. 2438 of March 9, 2000)
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SECTION 7: CITY MARSHAL
A. ESTABLISHMENT
There is hereby created the position of City Marshal of the City of College Station, which
position may be occupied by one or more persons as provided for by the annual city budget
and approved by Council. The City Marshal(s) shall meet all qualifications necessary to be
certified as peace officers by the Texas Commission on Law Enforcement Officers Standards
and Education (TCLEOSE).
B. DUTIES
The City Marshal(s) shall report directly to the Municipal Court Administrator, who is
authorized to hire, terminate, and otherwise supervise the City Marshal(s); provided, however,
that, at the direction of either the Municipal Court Administrator or the Municipal Judge, the
City Marshal(s) shall perform the following duties:
(1) Execute warrants of arrest, subpoenas, and other legal process issuing out of the
City's Municipal Court; and
(2) Perform other duties as assigned by the Municipal Court Administrator or the
Municipal Judge.
C. AUTHORITY
The City Marshal(s) shall serve as peace officers and have full police authority in the exercise
of their assigned duties. However, they shall not be assigned the duties that are presently
(11Or assigned to the Police Department of the City of College Station. The City Marshal(s) are not
members of the City's Police Department but are paid law enforcement officers for the
purpose of qualifying for survivor's assistance benefits under the provisions of Chapter 615 of
the TEXAS GOVERNMENT CODE, as amended.
D. OATH
Each City Marshal shall be required to take an oath of office before entering upon the
discharge of his or her duties. The oath shall be subscribed by the person taking it and shall
be filed and preserved in the office of the City Secretary.
(Ordinance No. 2748 of September 23, 2004)
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SECTION 8: MUNICIPAL COURT BUILDING SECURITY FUND
A. Definitions: For purposes of this section, the following words shall have the meaning given
herein:
(1) Convicted — shall have the meaning as defined in Article 102.017(c) of the Texas
Code of Criminal Procedure, as amended.
(2) Fee — shall mean the municipal court building security fee established under this
section.
(3) Fund — shall mean the municipal court building security fund established under this
section.
(4) Security Devices and Security Services — shall the meaning as described in Article
102.017(d) of the Texas Code of Criminal Procedure, as amended.
B. Pursuant to Article 102.017 of the Texas Code of Criminal Procedure, as amended, there is
hereby established the municipal court building security fund, which will be a separate fund in
the city treasury to be administered by or under the direction of the city council.
C. Each defendant convicted of a misdemeanor offense in the municipal court shall pay a
municipal court building security fee of three dollars ($3.00) as a cost of court, in addition to
any other fines, penalties, or court costs required by city ordinance or state or federal law. A
separate fee must be paid for each separate conviction of a misdemeanor offense.
(IW D. The municipal clerk shall collect the fee and pay it to the city treasury for deposit in the fund.
The fund may be used only to finance security personnel, security devices and security
services for any building housing a municipal court of the city.
(Ordinance No. 2863 of January 26, 2006)
SECTION 9: (Reserved for future use)
(se
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L
SECTION 10: MUNICIPAL COURT TECHNOLOGY FUND
A. Definitions: For purposes of this section, the following words shall have the meaning given
herein:
(1) Convicted — shall have the meaning as defined in Article 102.0172(b) of the Texas
Code of Criminal Procedure, as amended.
(2) Fee — shall mean the municipal court technology fee established under this section.
(3) Fund — shall mean the municipal court technology fund established under this section.
(4) Technological Enhancements- shall mean all devices and services described in
Article 102.0172(d) of the Texas Code of Criminal Procedure, as amended.
B. Pursuant to Article 102.0172 of the Texas Code of Criminal Procedure, as amended, there is
hereby established the municipal court technology fund, which will be a separate fund in the
city treasury to be administered by or under the direction of the city council.
C. Each defendant convicted of a misdemeanor offense in the municipal court of record shall pay
a municipal court technology fee of four dollars ($4.00) in addition to any other fines,
penalties, or court costs required by city ordinance or state or federal law. A separate fee
must be paid for each separate conviction of a misdemeanor offense.
D. The municipal clerk shall collect the fee and pay it to the city treasury for deposit in the fund.
The fund may be used only to finance the purchase of or to maintain technological
enhancements for any municipal court of the city.
(Ordinance No. 2862 of January 26, 2006)
(ible
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(6.9
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SECTION 11: AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
A. Definitions.
In this section:
(1) Owner shall mean the owner of a motor vehicle as shown on the motor vehicle
registration records of the Texas Department of Transportation or the
analogous department or agency of another state or country.
(2) Photographic traffic signal enforcement system shall mean a system that:
(a) Consists of a camera system and vehicle sensor installed to exclusively
work in conjunction with an electrically operated traffic- control signal;
and
(b) Is capable of producing at least two (2) recorded images that depict the
license plate attached to the front or the rear of a motor vehicle that is
not operated in compliance with the instructions of the traffic control
signal.
• (3) Recorded image shall mean a photographic or digital image that depicts the
front or the rear of a motor vehicle.
(4) Traffic control signal has the meaning assigned by Section 541.304 of the
Texas Transportation Code.
B. Imposition of Civil Penalty for Violations.
(1) Except as provided below, the owner of a motor vehicle is liable for a civil
penalty of seventy -five dollars ($75.00) if, while facing only a steady red
signal displayed by an electronically operated traffic- control signal located in
the City, the motor vehicle is operated in violation of the instructions of that
traffic - control signal as specified by Section 544.007(d) of the Texas
Transportation Code.
(2) An owner who fails to timely contest or pay the civil penalty shall be subject
to a late payment penalty of twenty -five dollars ($25.00).
C. Enforcement Procedures.
(1) The College Station Police Department is responsible for the enforcement of
this section. The College Station Municipal Court is responsible for the
administration of this section. The Police Chief, Presiding Judge of the
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Q Municipal Court, and the Municipal Court Administrator shall establish and
implement appropriate procedures to effect the policy of this section.
(2) In order to impose a civil penalty under this section, the Municipal Court shall
cause to be mailed a notice of violation to the owner of the motor vehicle
liable for the civil penalty not later than thirty (30) days after the date the
violation is alleged to have occurred to:
(a) The owner's address as shown on the registration records of the Texas
Department of Transportation; or
(b) If the motor vehicle is registered in another state or country, the
owner's address as shown on the motor vehicle registration records of
the department or agency of the other state or country analogous to the
Texas Department of Transportation.
(3) A notice of violation issued under this section shall contain the following:
(a) A description of the violation alleged;
(b) The location of the intersection where the violation occurred;
• (c) The date and time of the violation;
(d) The name and address of the owner of the motor vehicle involved in
the violation;
(e) The registration number displayed on the license plate of the motor
vehicle involved in the violation;
(f) A copy of a recorded image of the violation limited solely to a
depiction of the area of the registration number displayed on the
license plate of the motor vehicle involved in the violation;
(g) A statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty;
(h) The amount of the civil penalty for which the owner is liable;
(i) The number of days the person has in which to pay or contest the
imposition of the civil penalty and a statement that the person incurs a
late payment penalty of $25.00 if the civil penalty is not paid or
imposition of the penalty is not contested within that period;
•
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• (j) A statement that the owner of the motor vehicle in the notice of
violation may pay the civil penalty by mail sent to a specified address
in lieu of appearing at the time and place of the administrative
adjudication hearing;
(k) Information that informs the owner of the motor vehicle named in the
notice of violation:
(i) of the owner's right to contest the imposition of the civil
penalty against the person in an administrative adjudication
hearing;
(ii) that imposition of the civil penalty may be contested by
submitting a written request for an administrative adjudication
hearing before the expiration of the period specified in (i)
above; and
(iii) that failure to pay a civil penalty or to contest liability in a
timely manner is an admission of liability in the full amount of
the civil penalty assessed in the notice of violation, and is a
waiver of the right to appeal under Section G.
• (1) A statement that if the owner of the motor vehicle fails to timely pay
the amount of the civil penalty imposed against the owner an arrest
warrant may not be issued and the imposition of the civil penalty may
not be recorded on the owner's driving record.
(m) Any other information deemed necessary by the City.
(4) A notice of violation under this section is presumed to have been received on
the 5th day after the date the notice of violation is mailed.
(5) In lieu of issuing a notice of violation, the Municipal Court may cause to be
mailed a warning notice to the owner.
D. Presumption.
(1) It is presumed that the owner of the motor vehicle committed the violation
alleged in the notice of violation mailed to the person if the motor vehicle
depicted in a photograph or digital image taken by a hotographic traffic
signal enforcement system belongs to the owner of the moor vehicle.
(2) It, at the time of the violation alleged in the notice of violation the motor
vehicle depicted in a photograph or digital image taken by a photographic
traffic signal enforcement system was owned by a person in the business of
selling, renting, or leasing motor vehicles or by a person who was not the
person named in the notice of violation, the presumption under Subsection (1)
is rebutted on the presentation of evidence establishing that the vehicle was at
the time:
(a) being test d
(b) being rented or leased by the vehicle's owner to another person; or
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• (c) owned by a person who was not the person named in the notice of
violation.
(3) Notwithstanding Section E below, the resentation of evidence under
Subsection (2) above by a person who is in the business of selling, renting, or
leasing motor vehicles or did not own the vehicle at the time of the violation
must be made by affidavit, through testimony at the administrative
adjudication hearingg under Section E, or by a written declaration under penalty
of
adjudication The affidavit or written declaration may be submitted by mail to
the City or the entity with which the City contracts.
(4) If the presumption established by. Subsection (1) is rebutted under Subsection
(2), a civil penalty may not be imposed on the owner of the vehicle or the
person named in the notice of violation as applicable.
(5) If, at the time of the violation alleged in the notice of violation the motor
vehicle depicted in the photograph or digital image taken by the photographic
traffic signal enforcement system was owned by a person in the business of
renting or leasing motor vehicles and the vehicle was being rented or leased to
an individual, the owner of the motor vehicle shall provide to the City or the
entity with which the City contracts the name and address of the individual
who was renting or leasing the motor vehicle depicted in the photograph or
digital image and, a statement of the period during which that individual was
renting or leasing the vehicle. The owner shall provide the information
required by this subsection not later than the 30th day after the date the notice
of violation is received. If the owner provides the required information, it is
t presumed that the individual renting or leasing the motor vehicle committed
he violation alleged in the notice of violation and the City or contractor may
send a notice of violation to that individual at the address provided by the
owner of the motor vehicle.
® E. Administrative adjudication hearing.
(1) A person who receives a notice of violation may contest the imposition of the
civil penalty by requesting in writing an administrative adjudication of the
civil penalty within thirty (30) days after the date the violation was mailed.
Upon receipt of a timely request, the City or its contractor shall notify the
person of the date and time of the administrative adjudication hearing which
shall be heard within thirty (30) days from receipt of the request. The
administrative adjudication hearing shall be heard before and conducted by
and adjudicative hearing officer appointed by the City Manager or his delegee.
The adjudicative hearing officer shall have the authority to administer oaths
and issue orders compelling the attendance of witnesses and the production of
documents.
(2) A person who fails to pay the civil penalty or to contest liability for the penalty
in a timely manner or who requests an administrative adjudication hearing to
contest the imposition of the civil penalty against the person and fails to
appear at that hearing is considered to:
(a) admit liability for the full amount of the civil penalty stated in the
notice of violation mailed to the person; and
(b) waive the person's right to appeal the imposition of the civil penalty.
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• (3) If a person liable for the violation fails to pay the civil penalty in a timely
manner, the City will request that the County Assessor - Collector and the
Texas Department of Transportation refuse to register the motor vehicle
alleged to have been involved in the violation.
(4) In an administrative adjudication hearing, the issues must be proved by a
preponderance of the evidence. The reliability of the photographic traffic
signal enforcement system used to produce the recorded image of the motor
vehicle involved in the violation may be attested to in an administrative
adjudication hearing by affidavit of an officer or employee of the city or the
entity with which the city contracts to install or operate the system and who is
responsible for inspecting and maintaining the system. An affidavit of an
officer or employee of the City that alleges a violation based on an inspection
of the pertinent recorded image is admissible in a proceeding under this
section and is evidence of the facts contained in the affidavit.
(5) The civil penalty shall not be imposed against a person if, after the
administrative adjudication hearing, the administrative hearing officer enters a
finding of no liability.
(6) A person who is found liable for a civil penalty after the administrative
adjudication hearing shall pay the civil penalty within ten (10) days after the
III hearing.
(7) The city attorney or his designee is not required to attend the administrative
adjudication hearing. However, if the person charged is represented by legal
counsel at the hearing, the adjudicative hearing officer shall notify the city
attorney or his designee who shall have a right to appear on behalf of the city
at said hearing.
(8) It shall be an affirmative defense to the imposition of civil liability under this
section, to be proven by a preponderance of the evidence, that:
(a) The traffic control signal was not in proper position and sufficiently
visible to an ordinarily observant person;
(b) The operator of the motor vehicle was acting in compliance with the
lawful order or direction of a police officer;
(c) The operator of the motor vehicle violated the instructions of the
traffic control signal so as to yield the right -of -way to an immediately
approaching authorized emergency vehicle;
(d) The motor vehicle was being operated as an authorized emergency
vehicle under Chapter 546 of the Texas Transportation Code and that
the operator was acting in compliance with that Chapter;
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• (e) The motor vehicle was a stolen motor vehicle and being operated by a
person other than the owner of the motor vehicle without the effective
consent of the owner;
(f) The license plate depicted in the recorded image of the violation was a
stolen plate and being displayed on a motor vehicle other than the
motor vehicle for which the plate had been issued;
(g) The presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that would make compliance with
this section more dangerous under the circumstances than non-
compliance; or
(h) The person who received the notice of violation was not the owner of
the motor vehicle at the time of the violation.
(9) To demonstrate that at the time of the violation the motor vehicle was a stolen
vehicle or the license plate displayed on the motor vehicle was a stolen plate,
the owner must submit proof acceptable to the adjudicative hearing officer
that the theft of the motor vehicle or license plate had been timely reported to
the appropriate law enforcement agency.
III (10) Notwithstanding anything in this section to the contrary, a person who
receives a notice of violation under this section and who fails to timely pay the
amount of the civil penalty or fails to timely request an administrative
adjudication hearing is entitled to an administrative adjudication hearing if:
(a) the person submits a written request for the hearing to the designated
administrative hearing officer accompanied by an affidavit that attests
to the date on which the person received the notice of violation; and
(b) the written request and affidavit are submitted to the hearing officer
within the same number of days after the date the person received the
notice of violation as specified under Subsection C(3)(i) above.
F. Order of the adjudicative hearing officer
(1) At the conclusion of the administrative adjudication hearing, the hearing
officer shall enter a finding of liability for the civil penalty or a finding of no
liability for the civil penalty. A finding under this section must be in writing
and dated by the hearing officer.
(2) A finding of liability or a finding of no liability entered under this section:
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(a) shall be filed with the Municipal Court Administrator. All such orders
shall be kept in a separate index or file by the Municipal Court
Administrator; and
(b) may be recorded on microfilm or microfiche or using data processing
techniques.
G. Appeal
(1) The owner of a motor vehicle determined by a hearing officer to be liable for a
civil penalty may appeal that determination to the City's municipal judge by
filing a petition with the City's Municipal Court.
(2) The petition must be filed before the 31 day after the date on which the
administrative adjudication hearing officer entered the finding of liability for
the civil penalty and must be accompanied by payment of the costs required by
law for the court.
(3) The court clerk shall schedule a hearing and notify the owner of the motor
vehicle and the City's Legal Department of the date, time and place of the
hearing.
(4) An appeal stays enforcement and collection of the civil penalty imposed
• against the owner of the motor vehicle. The owner shall file a notarized
statement of personal financial obligation to perfect the owner's appeal.
(5) An appeal under this section shall be determined by the court by trial de novo.
H. Effect of liability; exclusion of civil remedy; enforcement.
(1) The imposition of a civil penalty under this section is not a conviction and
may not be considered a conviction for any purpose.
(2) The implementation of a photographic traffic signal enforcement system by
the City under this section does not prohibit a peace officer from arresting a
violator of Section 544.007(d) of the Texas Transportation Code as provided
by Chapter 543 of the Texas transportation Code, if the peace officer
personally witnesses the violation, or from issuing the violator a citation and
notice to appear as provided by Chapter 543.
(3) The City may not impose a civil penalty under this section on the owner of a
motor vehicle if the operator of the motor vehicle was arrested or was issued a
citation and notice to appear by a peace officer for the same violation of
Section 544.007(d) of the Texas Transportation Code recorded by the
photographic traffic signal enforcement system.
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• (4) The city attorney is authorized to file suit to enforce collection of a civil
penalty imposed under this section.
(5) If the owner of the motor vehicle fails to timely pay the amount of the civil
penalty imposed against the owner:
(a) an arrest warrant may not be issued for the owner; and
(b) the imposition of the civil penalty may not be recorded on the owner's
driving record.
I. Disposition of fees.
(1) Not later than the 60th day after the end of the City's fiscal year, after
deducting amounts the City is authorized by Subsection (b) to retain, the City
shall:
(a) send 50 percent of the revenue derived from civil or administrative
penalties collected by the City under this section to the comptroller for
deposit to the credit of the regional trauma account established under
Section 782.002, Texas Health and Safety Code; and
(b) deposit the remainder of the revenue in a special account in the City's
treasury that may be used only to fund traffic safety programs,
including pedestrian safety programs public safety programs,
' intersection improvements, and traffic enforcement.
(2) The City may retain an amount necessary to cover the costs of:
(a) purchasing or leasing equipment that is part of or used in connection
with the photographic traffic signal enforcement system in the City;
(b) installing the photographic traffic signal enforcement system at sites in
the City, including the costs of installing cameras, flashes, computer
equipment, loop sensors, detectors, utility lines, data lines, poles and
mounts, networking equipment, and associated labor costs;
(c) operating the photographic traffic signal enforcement system in the
City, including the costs of creating, distributing, and delivering
violation notices, review of violations conducted by City employees,
the processing of fine payments and collections, and the costs
associated with administrative adjudications and appeals; and
(d) maintaining the general upkeep and functioning of the, photographic
traffic signal enforcement system including but not limited to, the
proportional salaries and benefits for the City s Traffic Superintendent,
Traffic Engineer and Traffic Planner."
(Ordinance No. 3017 of October 25, 2007)
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c
c v
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Schedule I
TRAFFIC CONTROL DEVICE INVENTORY
SCHEDULE 1 - THOUGH STREETS
I. State Highways - All intersecting streets
controlled by 30" R1 -1 signs
A. Loop 507 - (Texas Avenue)
97 -Q2 Cooner St.
96 -Q2 Poplar St.
95 -Q2 Live Oak St.
1088 -Q2 East Gate Square
94 -Q2 Lincoln Ave.
93 -Q3 Francis Dr.
91 -Q3 Gilchrist Ave.
92 -Q3 Moss St.
69 -Q3 Dominik Dr.
229 -P4 Milliff Rd.
241 -P4 Redmond Dr.
242 -P4 Park Place
709 -Q4 Richards St.
710 -05 Sterling St.
969 -Q5 Manuel Dr.
711 -P5 Brentwood Dr. & Brentwood Dr. E.
712 -Q6 Krenek Tap Rd.
682 -P6 Valley View Dr.
713 -Q -6 Millers Lane
714 -Q7 Morgan Lane
708 -P7 Brothers Blvd.
951 -P7 Mile Dr.
707 -P7 Deacon Dr.
706 -P8 Ponderosa Dr.
1066 -P8 Pinon Dr.
B. FM 60 (University Drive)
153 -R2 Fed -Mart Dr.
117 -02 MacArthur St.
116 -Q2 Nimitz St.
114 -02 Eisenhower St.
113 -Q2 Jane St.
081 -R2 Meadowand St.
406 -02 Church St.
411 -02 Stasney St.
412 -02 Tauber St.
413 -02 Boyett St.
C. FM 2154 (Wellborn Road)
982 -N3 Maple Ave.
428 -N3 Louise Ave.
426 -N4 Church St.
290 -M6 Grove St.
291 -M6 Fidelity St.
289 -M6 Park Place
292 -M6 Luther St.
309 -M6 Holleman Dr.
310 -M6 Southland St.
569 -L7 Southwest Pkwy
1089 -L7 Christine Lane
D. FM 2347 (Jersey Street)
238 -P3 Rosemary Lane
239 -P3 Redmond Dr.
247 -03 Holik St.
248 -03 Lee Ave.
249 -03 Pershing Ave.
251 -N5 Fairview Ave.
252 -N5 Montclair
253 -M5 Highlands St.
Area between Wellborn Rd. & West Bypass
E. FM 2818
1110 -13 F& B Rd.
1090 -K5 Luther St. W.
1091 -L7 Holleman Dr. W.
1087 -L7 Dowling Rd.
690 -N8 Welsh Blvd.
691 -N8 Nueces Dr.
1035 -06 Rio Grande Blvd.
693 -06 Southwood Dr.
694 -P6 Longmire Dr.
F. SH L ( East Frontage Road)
950 -Q8 Sebesta Rd.
946 -R7 Emerald Pkwy.
934 -S5 Raintree Dr.
G. SH 6 (West Frontage Road)
716 -Q7 Mile Dr.
956 -S6 Krenek Tap Park Entrance
955 -S6 Krenek Tap
957 -S5 Southwest Pkwy.
889 -S5 Sutton Place
57 -T3 Plantation Oaks Dr.
H. SH 6 (Harvey Road)
66 -Q4 Puryear Dr.
65 -R4 Stallings Dr.
926 -R4 Dartmouth St.
62 -R4 Munson Ave.
926 -S4 Rhett Butler Dr.
61 -S4 Scarlett O'Hara Dr.
1092 -T3 Appomattox Dr.
1102 -W3 Linda Lane
1103 -X3 Pamela Lane
1104 -Y3 Marcy Lane
1105- 3 Sara Lane
SH 308 (College Avenue)
405 -01 Inlow Blvd.
403 -01 Cross St.
II. City Streets
A. Southwest Parkway
670 -N7 Welsh Blvd.
311 -N7 Leona Dr.
671 -N7 Leona Dr.
312 -N7 Dexter Dr.
996 -N7 Medina Dr.
313 -N7 Medina Dr.
673 -N7 Hondo Dr.
672 -N7 Shadowood Dr.
995 -N7 Trinity PI.
277 -05 Lawyer St.
675 -05 Sabine Ct.
677 -05 Langford St.
678 -05 Laura Lane
681 -05 Southwood Dr.
316 -05 Glade St.
680 -05 Bee Creek Dr.
679 -P5 Potomac PI.
317 -05 Anderson St.
968 -Q5 Cornell Dr.
965 -R5 Darthmouth Ave.
B. Holleman Drive (Between Texas Avenue & Wellborn Road)
244 -P4 Village Dr.
298 -N6 Winding Rd.
997 -N6 Taurus Ave.
299 -N6 S. Dexter Dr.
300 -N6 Hereford St.
301 -N6 Welsh Ave.
302 -N6 Fairview Ave.
308 -N6 Georgia St.
307 -N6 Detroit St.
306 -N6 Phoenix St.
303 -M6 Eleanor St.
304 -M6 Arizona St.
1032 -M6 Oney Hervey Dr.
C. Kyle Street
102 -Q3 Foster Ave.
1017 -Q3 Kyle Ave.
D. Lincoln Avenue
902 -Q2 Foster Ave.
110 -Q2 Nimitz Ave.
105 -Q2 Nunn St.
109 -Q2 Pasler St.
108 -Q2 Churchhill St.
107 -R2 Ave. B
106 -R2 Tarrow St.
E. Francis Drive
79 -S3 Neal Pickett Dr.
80 -S3 Berkeley St.
81 -S3 Westover St.
82 -R3 Munson Ave.
83 -R3 Marsteller Ave.
84 -R3 Ashburn Ave.
800 -3 Williams St.
87 -Q3 James Pkwy. (Southbound)
913 -03 James Pkwy. (Northbound)
100 -Q3 Puryear Dr.
1094 -Q3 Harrington Ave.
99 -Q3 Milner Dr.
98 -Q3 Foster Ave.
F. Walton Drive
86 -R3 Gilchrist Ave.
908 -R3 Brooks Ave.
907 -R3 Bolton Ave.
85 -R3 Francis Dr.
104 -Q3 Nunn St.
906 -Q3 Puryear Dr.
905 -Q3 Harrington Ave.
904 -Q3 Milner Dr.
103 -Q3 Foster Ave.
G. Kyle Avenue
909 -Q3 James Pkwy
101 -Q3 Puryear Dr.
H. Dominik Drive
58 -T3 Merry Oaks (Northbound)
71 -S3 Merry Oaks (Southbound)
72 -S3 Neal Picket Dr.
73 -S3 Berkeley St.
74 -S3 Westover St.
920 -R4 Athens Dr.
1095 -R4 Olympia Way
63 -R4 Stallings Dr.
College Main
420 -N3 Spruce St.
419 -N3 Cherry St.
981 -N3 Louise Ave.
983 -N4 Cross St.
421 -N4 Church St.
J. Nagle Street
410 -02 Church St.
409 -02 Cross St. (Eastbound)
975 -02 Cross St. (Westbound)
408 -02 Cherry St.
407 -02 Inlow Blvd.
L. Timber Street
266 -04 Anna St.
267 -04 Park Place
M. Glade Street
261 -04 Park Place
1097 -04 Leacrest Dr.
262 -04 Timm Dr.
807 -04 Village Dr.
263 -04 Goode St.
264 -04 Pershing St.
320 -04 Orr St.
318 -04 Haines Dr.
N. Southwood Drive
685 -06 Bee Creek Dr.
1039 -06 Angelina Cir.
1098 -06 Augustine Ct.
1038 -06 Valley View Dr.
692 -06 FM 2818 Frontage Rd.
695 -06 Airline Dr.
696 -07 Hawktree Dr.
697 -07 Austin Ave.
698 -07 Todd Trail
0. Dexter Drive (Jersey to Holleman)
1099 -N5 Aberdeen PI.
1019 -N6 Burt St.
270 -N6 West Dexter
280 -N6 Park Pl. (Westbound)
281 -N6 Park PI. (Eastbound)
268 -N6 Thomas St.
1016 -N6 Winding Rd.
P. Welsh Avenue (Holleman to FM 2818)
998 -N7 Swiss Ct.
999 -N7 Chalet Ct.
274 -N7 Concho PI.
275 -N7 Llano PI.
1000 -N7 Lavaca
Q. Lonqmire Drive (FM 2818 to Ponderosa Drive
1100 -P7 Airline Dr.
701 -P7 Brothers Blvd.
702 -P7 Austin Ave.
703 -P7 Todd Trail
704 -P7 Deacon Dr.
1065 -P8 Treehouse Rd.
705 -P8 Ponderosa Dr.
R. Deacon Drive
1054 -P7 Sandy Circle
1053 -P7 Normand Dr.
1052 -P7 Normand Circle
1051 -P7 Adrienne Cir. (Adrienne Dr.)
1050 -07 Jennifer Dr.
1049 -07 Celinda Cir.
1048 -07 Pierre PI.
1047 -07 Brothers Blvd.
S. Nueces Drive
1007 -N8 Guadalupe Dr.
1006 -N8 Madera Cir.
1005 -N8 Arboles Cir.
689 -N7 Hondo Dr.
1003 -N7 Medina Dr.
1002 -N7 Leona Dr.
1001 -N7 Yellowhouse Cir.