ORD 1988-08ORDINANCE 0 88-08
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. Q gg-pg
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING REGULATIONS GOVERNING THE
ERECTION AND PLACEMENT OF TRAFFIC CONTROL
DEVICES WITHIN THE TOWN; REQUIRING THAT ALL
TRAFFIC CONTROL SIGNS, SIGNALS AND MARKS
COMPLY WITH THE TEXAS MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES; REQUIRING
COMPLIANCE WITH SUCH TRAFFIC CONTROL
DEVICES; PROVIDING AN EXCEPTION FOR
AUTHORIZED EMERGENCY VEHICLES; AUTHORIZING
THE TOWN MARSHAL TO ERECT, PLACE AND
MAINTAIN SUCH TRAFFIC CONTROL DEVICES AS THE
TOWN COUNCIL SHALL DIRECT OR AS THE MARSHAL
MAY DEEM NECESSARY TO REGULATE TRAFFIC;
PROHIBITING THE ERECTION AND PLACEMENT OF
UNAUTHORIZED TRAFFIC CONTROL DEVICES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club,
Texas (the "Town") is authorized by Section 31 of article
6701d, Texas Revised Civil Statutes (Vernon), as amended, to
place and maintain any traffic control devices upon any street
within its jurisdiction as they may deem necessary to indicate
and carry out the provisions of the said article 6701d, local
traffic ordinances or to regulate, warn or guide traffic; and
WHEREAS, the To -.Am Council finds that passage of this
ordinance is in the best interests of the health, safety and
welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. Uniformity; conformance to manual. All
traffic -control devices including signs, signals and markings
(pavement and/or curb) installed or used for the purpose of
directing and controlling traffic within the Town shall conform
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with the Texas Manual on Uniform Traffic Control Devices for
Streets and Highways. As required by article 6701d, -section
31, Texas Revised Civil Statutes (Vernon), as amended, all
signs, signals and markings erected or used by the Town of
Trophy Club shall be uniform and be located so far as
practicable according to the directions shown in the manual
throughout the Town. All existing traffic -control devices and
those erected in the future by the Town being consistent with
the manual, state law, this ordinance and other traffic
ordinances of the Town.
Section 3. Obedience to. The driver of any vehicle
shall obey the instructions of any official traffic -control
device, sign, signal or marking applicable thereto placed in
accordance with this ordinance or other traffic ordinances of
the Town, unless otherwise directed by a police officer,
subject to the exceptions herein granted the driver of an
authorized emergency vehicle.
Section 4. Exceptions as to authorized emergency
vehicles.
(a) The driver of an authorized emergency vehicle, as
the term "authorized emergency vehicle" is defined by state
law, when responding to an emergency call or when in the
pursuit of an actual or suspected violator of the law, or when
responding to but not upon returning from a fire alarm, may
exercise the privilege set forth in this section, but subject
to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the
provisions of this or any other ordinance
of the Town;
(2) Proceed past a red or stop signal or stop
sign, but only after slowing down as may be
necessary for safe operation;
(3) Exceed the prima facie speed limits so long
as he does not endanger life or property;
(4) Disregard regulations governing direction
of movement or turning in specified
directions.
(c) The exemptions herein granted to an authorized
emergency vehicle shall apply only when the driver of any such
vehicle in motion sounds an audible signal by bell, siren, or
exhaust whistle as may be reasonably necessary, and when the
vehicle is equipped with at least one lighted lamp displaying a
red light visible under normal atmospheric conditions from a
distance of at least five hundred (500) feet to the front of
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such vehicle, except that an authorized emergency vehicle
operated as a police vehicle need not be equipped with or
display a red light from in front of the vehicle.
Section 5. Display of unauthorized devices.
(a) No person shall place, maintain, or display upon
or in view of any highway, street or alley any unauthorized
signs, signal, marking, or device which purports to be or is an
imitation of or resembles an official traffic -control device or
railroad sign or signal, or which attempts to direct the
movement of traffic, or which hides from view or interferes
with the effectiveness of any official control device or any
railroad sign or signal.
(b) No person shall place or maintain nor shall any
public authority permit upon any highway, street or alley any
traffic sign or signal bearing thereon any commercial
advertising.
(c) This section shall not be deemed to prohibit the
erection upon private property adjacent to highways, streets or
alleys of signs giving useful directional information and of a
type that cannot be mistaken for official signs.
(d) Every such prohibited sign, signal or marking is
hereby declared to be a public nuisance, and the Town Marshal
is hereby empowered to remove the same or cause it to be moved
without notice.
Section 6. Interference with. No person shall without
lawful authority attempt to or in fact alter, deface, injure,
knock down or remove any official traffic --control device, sign
or signal or any railroad sign or signal or any inscription,
shield, or insignia thereon, or any part thereof.
Section 7. Manual operation by school crossing guards.
(a) The school crossing guards officially designated
by the Town Marshal are hereby invested with the authority to
manually operate traffic -control signals, pursuant to Article
6701d, Section 18(b), by which traffic is alternately directed
to stop and permitted to proceed.
(b) It shall be unlawful for any person to willfully
fail or refuse to comply with a traffic -control signal operated
by a school crossing guard.
Section 8. Installation and maintenance generally.
The Town Marshal, or a person under the direct supervision and
authority of the Town Marshal, shall place and maintain traffic
control signs, signals and devices when and as required under
this ordinance or other traffic ordinances of this Town to make
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effective the provisions of this ordinance or other ordinances,
and may place and maintain such additional traffic control
devices as he may deem necessary to regulate traffic under this
ordinance or other traffic ordinances of this Town or under
state law, or to guide or warn traffic.
Section 9. Same --Evidence of authori�. It being
unlawful for any person other than. the Town Marshal, or a
person acting under his direct supervision and control, acting
pursuant to an ordinance of the Town, to install or cause to be
installed any signal, sign or device purporting to direct the
use of the streets or the activities on those streets of
pedestrians, vehicles, motor vehicles, or animals, proof, in
any prosecution for a violation of this ordinance or any
traffic ordinance of the Town, that any traffic -control device,
sign, signal or marking was actually in place on any street
shall constitute prima facie evidence that the same was
installed by the Town Marshal or under his direct authority and
supervision pursuant to the authority of this ordinance or of
the ordinance directing the installation of such device, signal
or marking.
Section 10. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it
would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 11. This Ordinance shall be cumulative of all
other ordinances of the Town of Trophy Club, Texas, affecting
traffic control and shall not repeal any of the provisions of
said ordinances except in those instances where provisions of
those ordinances are in direct conflict with the provisions of
this Ordinance.
Section 12. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum not to exceed
Five Hundred Dollars ($500.00) and a separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
Section 13. That this Ordinance shall take effect from
and after its date of passage and publication as provided by
law.
PASSED AND APPROVED by the Town CounF�i -1 of the Town of
Trophy Club, Teras this the 28 r da, of I J reh d'1 1988.
Mafor, Town of Trophy Club,
texas
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ATTEST'
T wn ecretary,
Town of Trophy Club, Texas
[SEAL]
APPRO FORM:
Town J torney,
Town o Trophy Club, Texas
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