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HomeMy WebLinkAboutOrd 128 - regulating traffic within West U. :'157 J: L-...J.. ORDINANCE NO. I Z. J. II L-J AN'>ORDINANCE REGULATING TRAFFIC W~~HIN THE CORPORATE LDIITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, DEFINING TECHNICAL TERMS USED IN SAID ORDINANCE; PROVIDING RULES AND REGULATIONS FOR THE USE OF STREETS, ALLEYS, PUBLIC PA~VAYS, PUBLIC LANDS AND HIGHWAYS WITHIN SAID CITY; PRO- VIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING THAT ALL ORDINANCES AND PARTS OF ORDINANCES')INLO:ONFR:IB'Jr HEREWITH ARE REPEAEEll;>; PROVIDING IF ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE ADJUDGED INVALID OR HELD UNCONSTITUTIONAL, THE SMaE SHALL NOT AFFECT THE VALIDITY OF THIS ORDINANCE AS A WROLE OR ANY PART 'OR PROVISION THEREOF, OTHER THAN THE PART SO DECIDED TO BE IN- VALID OR UNCONSTITUTIONAL AND PROVIDING THIS OR- DINANCE SHALL TAKE EFFECT AND BE IN FORCE D~MED- lATELY AFTER ITS PASSAGE, APPROVAL AND PUBLICATION. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. MUST OBEY TRA FF'Tf: RnT.'RR.;. The operator, driver, owner or person in charge of any vehicle propelled, used or driven over or upon the streets of the City of West University Place must observe the follow- ing rules and regUlations upon all streets, alleys, avenues ',. and public places in the City. SA~tj em ~_ DEFINITIONS- ~ ~-~ (\a) the word n street" i~hall mean and include every public street, avenue, boulevard, highway, cartway, lane, D alley and place used by ~r laid out for the use of ve- hicles. (b). The word "Curb!! shall mean the lateral boundary oj;;'_ --~----- - _ c~.~,.- '] .. [ u . .:::; .lCu.. L 158 ~esignating the street line and commonly assigned for the use of vehicles whether or not marked by an actual curb l -l.-_ --1 stone. In other..wor.ds, if there be no actual curb stone, the use of the term shall mean the street line. (c) The word f1personfl or ffpersonslf shall include all individuals, associations, partnerships and corpora- ~ions. (d) The word "him" or lIhell shall also mean and in- clude the feminine. (e) The word Ilvehicle" shall include every wagon, omnibus, carriage, hack, pushcart, b~cycle, motorcycle, automobile, equestrian, animals that are being led or ridden and everything on wheels except babybuggies, tri- [l cycles, roller skates and the playthings of infants. . (f) The word "officerfl or f1police officeI'll shall mean a police officer, city marshal or deputy city mar-' shal of the City of West University Place. (g) The word lIdriver" shall mean and include the person operating any vehicle, if it be motor driven, the person or persons pushing any vehicle, if it be operated by man power or person or persons driving any vehicle if animal drawn. (h) The term "busfl shall be construed to mean any, vehicle used for the pu~pose of carrying passengers for hire. However, a bus shall be construed to be a vehicle within the purview of this Ordinance and all rules and n regulations with reference to vehicles set forth herein 159 o shall with like effect.apply to busses. (i) The term lI.conges ted dis tric tTl as used in this Ordinance shall mean all those portions of the City of West University Place, lying within a retail business district, as defined and described by the zoning ordi- nance. \ ~ See tion 3. [ DRIVERS, ETC., OF VEHICLES MUST FAMILIARIZE THEM- SELVES WITH THE RULES OF THE ROAD, ETC., WANT OF, PRIMA FACIE EVIJDENCE OF NEGLIGENCE- It sha~l be unlawful for any person to operate or permit to be operated any vehicle within the City, unless such ~river or operator has familiarized himself with the rules of the road 'as prescribed herein and the other re- quirements of this Ordinance. Any violation of any of the proviSions of this Ordinance by any person in charge of or operating any such vehicle shall be deemed an off- ense, not only by the person actually in charge of an~ operating such vehicle, but also by the ovmers or managers < thereof; and in any civil action for damages growing out of or connected with the use of any machine or vehicle on the roads or streets of the City of West University Place proof that the vehicles so operated or driven by any per- son who was not familiar with the rules of the road as pre- scribed herein and the other provisions of this Ordinance for the operations hereof, or by a person that had not sufficient skill or strength to comply with the provisions lJ >1:...... .; .'.~r ~ ~ It)O hereof, shall be prima facie evidence of negligence. See t;ion 4a MUST HAVE SUFFICIENT INTELLIGENCE AND SKILL TO UNDERSTAND AND COMPLY WITH RULES- It shall be unlawful for any person to operate any vehicle of any kind within the City, unless such driver or operator has sufficient intelligence to underst;and the rules of the road as prescribed in this Ordinance and other requirements thereof and sufficient skill and strength to comply therewith. ~Atd-;., im fi _ FAILURE TO OBSERVE TRAFFIC ORDINANCES NEGLIGENCE P ER SE- Failure on the part of the' driver of any vehicle, in- eluding ambulances, to ob'serve any of the provisions of this Ordinance shall constitute negligence per se, and should such failure result in injury to any person, in any civil suit for damages on account thereof, no other or 'further proof of .the negligence of the defendant shall be required. S~etion 6. RULES AND REGULATIONS GOVERNING DRIVERS. ETC.. 6F AUTOMOBILES, ETC.- It shall be the duty of any person in charge of driv- ing or operating an automobile, motor vehicle, or any ve- hicle upon any street or way in the City of West Univer- sity Place or any pedestrian, to observe the following rules in addition to those prescribed in the next preceed- ing sections: ] il I I c-. J I] 161 .' [I 1. BUSSES:'~ (a) The driver or any bus shall immediately guide it to and within two feet or the curb of its right- hand side of the street and stop it upon the approach or any fire apparatus and keep such vehicle stopped until such rire apparatus has passed. (b) No bus shall so occupy any street as to in- terrere with or interrupt the passage of other vehicles. (c) All busses shall stop at the near side of all street intersections, crossings or curbs for the pur- pose of receiving or discharging passengers. At the in- tersection of streets busses shall stop on the near side of same, the front of such bus not to be stopped closer to the intersecting street than the prolongation of the building line of such street which intersects the street on which the bus is traveling. However, on unpaved streets and at pla'ces where the condition of the street makes it inconvenient for the public to stop, as next above indi- cated, busses shall stop at the far side of such inter- section, in which event the rear end of the bus shall be stopped not closer to the intersecting street than the pro- longation of the building line of the street intersecting the street on which the bus is travelling, but in no event shall a bus stop within an intersection and all busses" shall stop parallel with the curb on their right- hand side of the street with the right front and rear wheels not more than two-reet from the curb, if there be D [J \'"" ] l[ ::~. .u: :iJ::: 162 .one, or street line, if there be no curb, except in the case of an accident. (d) No bus shall be allowed to stop longer than necessary for the purpose of receiving or discharging passengers on the streets. of the City of West University Place, except upon prior written permit so to do from the Mayor. (e) The driver of a bus at a street intersection shall indicate by an unmistakable wave of the hand to the .. approaching pedestrians and drivers of vehicles whether they may pass in front of the bus. 2. VEHICLES GENERALLY- (l) No vehicles shall be left standing in front of any theatre or at the side thereof between the hours of 12 o'clock noon and 12 o'clock midnight. (2) No vehicles shall stand or be stopped at the intersection of any street or nearer the intersection than the prolongation of the building line of the street intersecting the street on which the vehicle is travelling. However, no such vehicle shall stand or be stopped within lO-feet of any side of a fire hydrant. (3) No vehicles shall stand or be stopped with- in any street intersecti9n. (4) Vehicles shall only be stopped or left stand- ing at an agle of 45 degrees in front of or at the side of any store, theatre or other business establishment and within a retail business district of the City, as prescribed . 'n I -L_ CJ , II LJ D '. D D 163 _.Ul--,)> !I-..~l,. ',."l', (I.!. ..f>,~' '.""" l! I~:' .>-.t" ~l.~.~,." t:-4\,4.'~ '), ~I~',{;.'~.. ,.' tL., \\\ ~~~.', by the zoning ordinances, with the right front. wheel of said vehicle touching the curb, if there be one, or stop- ped at the street line, if there be no curb, and on its right-hand side of said street. (5) No vehicle shall be stopped or permitted to stand in any retail business district, as prescribed by the zoning ordinances of said City, in the rear of any other vehicle stopped or left standing therein. (6) Vehicles shall not be left standing or shall not be stopped within any dwe~ling district of the City, as prescribed by the zoning ordinances of said City, except parallel to the curb, if there be one, or parallel with the street line, if there be no curb, and wi thin not more than 2-feet ~herefrom and on the right-hand side of said street or highway. (7) No vehicle within a dwelling district, as prescribed by the zoning ordinances of the City, shall be stopped or left standing'on any ~reet parallel, al~ng side or abreast of any other vehicle that is stopped or left standing thereon. (8) No vehicle shall remain stopped or shall be permitted to stand in the same place within any retail busi- ness district within the City, as prescribed fuy the Zoning Ordinances, for a longer period of time than thirty consec- utive minutes. (9) It shall b-e unlawful for any vehicle to run upon, stop or be permitted to stand between the building line of any street and the curb line, if there be a curb, -!-", 164 or the street line, if there be no curb. (10) There are here created what shall be des- J ignated rttruck zones.rt Such zones shall commence at a point where- the prolongation of the east and west walls of the building occupied by the University Theatre 10- cated just west of the drainage ditch and known as 3636 University boulevard, if extended south would contact the street curb and for a distance of 10-feet to the east , ., and west thereof, respectively. These said zones shall be used exclusively for trucks and commercial vehicles actually at the time engaged in loading and unloading goods, ware and merchandise for any atore, theatre or other business establishment within such reta:t1. business district as designated by the zoning ordinances of said n ;. City, said truck or commercial vehicle in no event to re- ~ main standing within such zones for a longer period of time than thirty consecutive minutes. No other vehicles shall be stopped or permitted to stand within said zones or any such position as to block the entrances thereto between the hours of 7 o'clock A.M., and 7 o'clock P.M., on any week day, except Saturday, and on Saturday, from 7 o'clock A.M., to 10 o'clock P.M. A truck or commercial vehicle as that term is used shall be a vehicle used ex- elusively for carrying goods, wares and merchandise. Other vehicles shall be permitted to stop or be left standing within these said zones after 7 o'clock P.M., on any day except Saturday, on Saturday after 10 0' clock P.M. and at any time of day on Sunday. Q 165/ ~ (11) It shall be unlawful for any person or [J persons operating any vehicle to stop or permit same to' be stopped or left standing upon any of the streets, alleys, pUblic lands or ~arks of the City, with the lights of such vehicle extinguished between the hours of one hour after sunset to one hour before sunrise. ~(12) No vehicle shall be s1hoppedor left standing on any public street, alley, public lands or parks of the City between the hours m~ one hour after sunset to one hour before sunrise, unless the parking lights thereon are left burning, same to consist of two lights at the front of such vehicle and at least one light at the rear thereof. Pro- vided, however, a motorcycle, bicycle or tricycle shall [] only be required to have one light in the front and one light in the rear; and, provided further that if it be a ~ horse drawn vehicle or one propelled by manpower, such vehicle must display one or more lights or lanterns on the left side thereof so placed as to be visible from front or rear. (13) On all streets divided by any parkway, zone, sunken way or viaduct, vehicles shall keep to the right of such division. ~ (14) No vehicle shall pass or attempt to pass !If~ at any street intersection or within lO-feet on either side thereof another vehicle going in the same direction. (15) No turn to the left or complete turn shall be o made by a person driving any vehicle except at the inter- section of two or more streets and the turn shall be made within said intersect ion. ] 11 . :1] 11. -' 166 (16) When any person dEtving or operating a ve- hicle receives a signal by the blowing of a horn or such other device from a person driving or operating a vehic- le in the rear thereof, it shall be the duty of the person driving or operating such vehicle to turn in as close to the right curb as practicable, giving and allowing such a person a sufficient spac'e within which to pass and so re- maining until the person passing has cleared such vehicles. (17) No person shall ride or drive any animal or vehicle across the line or through a fune~al procession while the same is proceeding along any of thestreets or ways oS the City of West 9niveraity Place;~owever, when such procession is at a standstill ~or any reason, the ve- hicles composing same shall be so moved and placed as to permit c~ossing on intersecting streets. (18) No person shall be permitted to draw a ve- hicle by the use of another vehicle in a street without written permission from the Mayor or police office, except in cases of accident or emergency, in which case the driver of a vehicle may draw one other disabled vehicle in a street; provided, the vehicles are securely attached to each other, and if after nightfall, are duly lighted. (19) Upon the approach of any fire,apparatus, the driver of any vehicle shall immediately drive it parallel to the right-hand curb within 2-feet thereof and stop and remain standing there until the fire apparatus shall have passed. (20) The Police and Fire Departments and ambu- o u , lJ 167 [] lances answering emergency calls, shall have the right of way through all and any processions, when in the regular course of their duty. (21) No procession of any kind or character shall be permitted to pass over any street or streets of the City without written authority from the Mayor. (22) No person shall propel, permit or allow any ,vehicle to be driven on, over or across or~~to stand upon any fire hose. (23) No person shall operate any vehicle within the City sO as to obstruct any fire apparatus or any fire- . 'men in answering any emergency, in performing their duties, engaged ,in or preparing to extinguish any fire or in doing any work in connection therewi the The term 1I0bstruct!' as used herein shall mean and include the driver of any ve- hicle who shall fail 'to stop same parallel to and wi thin 2-feet of the right curb or street line upon the approach of any such fire apparatus or firemen; a person driving a vehicle over or upon any fire hose or permitting the vehicle to stand thereon; or, a person who shall drive or stop any vehicle within a distance of two blocks of any flire. [ ), (24) Every person driving a vehicle from an alley, lane, garage or storeroom across any sidewalk within the City" shall sound a horn, bell or other deivce in such a manner as to give notice or waning of the approach of the vehicle. [J (25) If a pedestrian is crossing any street, it ] LI l:jllJT ILl, 168 shall be the duty of a person driving any vehicle to either stop or ,slow down such vehicle so as to permit such pedestrian to cross in safety. (26) No person driving a vehicle shall allow the same to come within20-feet of any veh~cle in front of him when approaching any street intersection over which ped- estrians are crossing or attempting to cross. (2r) It shall be unlawful for any person to stop or permit any vehicle to stand within two blocks of any building that is burning or where fire apparatus is en- gaged in extinguishing a fire or working in connection therewith. However, this shall not apply to an ambulance :answering an emergency call or to police officers or fire- ,. men~.' " (2i) It shall be unlawful for any person to drive a vehicle past any public school or fire station within the City at a greater rate of speed than ten mi~es per hour. (~f) It shall be the duty of the drivers of vehicles and of pedestrians to watch for and comply with the directions by voice, gesture or signal of police officers and the failure or refusal to comply therewith shall constitute an offense'. (~m) In case of an accident to or collision with property or injury to any person upon any of the streets ~arks, parkways or public lands within the City due to the driving or operation thereon of any vehicle~ [ Jl LJ o 169 D the person driving or operating such vehicle shall stop and render assistance regardless of whose negligence caused such'injury, accident or collision and shall give such per- son his name. and addrass, and if not the owner of the ve- hi~le, the name and address of the owner of such vehicle together with the registered number of such vehicle, if same be registered. If it be a collision between two or more vehicles, each and every person operating the vehicles involved in such collision shall comply with the provisions hereof. ,./ '"", [J (3~) If any such accident or collision occurs as described in the preceeding paragraph (3tl,) hereof, it shall be the duty of the persons involved therein to peport and give the facts to the City Secretay or City Mar~hal of the City of West University Place at the City Hall thereof within not exceeding two hours from the occurrence of such acci- dent or collision. However, if any person or persons in- volved in any such accident or collision are rendered physically incapable of making such report by reason of such accident or collision, such report shall not be required until such person or persons have become physically able to render same, in no event, however, to exceed two days after the occurrence of same. (3~ If two or more vehicles approach the inter- section of two streets, the vehicle first entering the in- tersection thereof shall have the right of way and other ve- hicles on such other street shall stop or slow down so as to permit the vehicle or vehicles first in the intersection there- o ,I. I 1, L ". -.)..~ .,. 170 of to pass. By the phrase "entering the intersectionll ~) as used herein, shall be meant the reaching or crossing o of an imaginary line in said street produced by the pro-: longation of the curb or street line thereof. If two or more vehicles enter said interaBction at the same or at approximately the same time, the vehicle on the right shall have the right of way and the other vehicle shall stop or slow down so as to permit such vehicle to pass. (3~) Persons driving vehicles shall sound a horn, beilll, gong or other signaling device whenever necessary as a warning to pedestrians or other vehicles but at no other times and for no other purposes. (~ No person shall drive any vehicle upon a sidewalk, except in passing into or from lots where turn- [ outs or driveways are constructed and provided from the street for such purpose and no vehicle shall be permitted to stop or stand on the sidewalk. (3(( It shall be unlawful for any person driving or operating a vehicle in the streets of the City'to use on said vehicle or equip said vehicle with any device known as a n airen whistle" or horn ordinarily used by ambulances, except police officers, ambulances or vehicles constituting a part of the fire department. (3~) No person shall drive any vehicle on any street within the City, except on the right-hand side there- of. (3~) No vehicle shall be stopped or permitted to \. stand on its left-hand side of the street from the direc- [1 tion in which said vehicle is facing. [1 [-- fi U 171 ~ (36) If a person driving a vehicle has stopped same or such vehicle has been left standing, when he re- sumes operation of said vehicle no left turn or complete turn shall be made'either forward or backward until within a street intersection. In other words, if the vehicle has been stopped at an~~ it shall be backed out and then 'headed in the same direction as it was or should have been driving before being so stopped and then be propelled for- ward until a, street intersection is reached wren a turn shall be permitted. If the vehicle has been stopped par- allel with the curb, it shall proceed in the same direction as headed. 3--7 (40) No vehicle shall be backed out of any drive- way and on to any street, except on the near side of such street and so that when it is moved forward it shall be on its right-hand side of the street and on the same side of such street as the driveway. (49) If any vehicle drives forward out of any driveway and on to any street, upon reaching the street it shall turn right so as to be on its right-hand side and on the same side of the street as the driveway. (4~) The above provisions of this Ordinance with reference to where vehicles shall be stopped shall not apply in case of an accident. However, if there is an acci- dent, such vehicle shall be moved immediately and stopped in accordance with the terms and provisions of this urdinance. (4~ If any person while driving any vehicle with~ in the territorial limits of the City shall negligently ] rr"Jrm 17,2 collide with or cause injury to any person, other vehicle or property, he shall be, guilty of an offense. Proof of no intent ~o injure shall be no defense to a charge of violating this provision of the Ordinance. The word "neg- ligently" as used herein is defined to mean driving at a greater rate of sp~ed than allowed by law or the violation of any law of this state or the violation of any Ordinance or regulation of the Ci:~y of West University Place, or the / failure of such person to use that degree of care and caution as a man of ordinary prudence would use under the same or similar circumstances. S~gtio];;). 7. PENALTY FOR VIOLATION- Any person violating any of the provisions of this Ordinance shall upon conviction thereof in the Corporation Court be fined in any sum of not more than ~100.00. S~ction 8. VALIDITY OF ORDINANCES- If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitu- tional. RA~tion ~L All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 10. o , Il D [ This Ordinance shall take effect and be in full force immediately from and after the date of its passage and approval. Passed and approved thi.s r3'~ of No 1937. ~ .~~ i Secr~ry o [J 173 .::.-::2 " "1",:::JlJ:::l:J I