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ORD 2006-09TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2005-26, THE SAME BEING THE TRAFFIC AND STREET CONTROL REGULATIONS ORDINANCE AND BY AMENDING SECTION VI, (E)(2) GOVERNING OVERNIGHT PARKING; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING FOR A MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS AND DURING SPECIFIC HOURS; PROVIDING FOR THE DESIGNATION OF SCHOOL ZONES; PROVIDING FOR THE POSTING OF SPEED LIMIT AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS; REGULATING THE CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE ROADWAY; PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-OF-WAY BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING FOR THE WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF VIEW, PARKING, AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMTTTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 3, 2005 the Town Council of the Town of Trophy, Club Texas adopted Ordinance No. 2005-26 which repealed Ordinance 2004-09 regulating traffic and street control regulations, and through the passage of Ordinance No. 2005-26, adopted new provisions relating to traffic and street control regulations, and WHEREAS, since the passage of Ordinance Nos2005-26, the Town has evaluated the section of that ordinance regulating overnight parking; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to revise the regulations governing 3:00 to 5:00 a.m. parking, and WHEREAS, the Town Council hereby finds that the amendment of Ordinance No2005-26 through the adoption 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: I. INCORPORATION OF PREAMBLE That the above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its entirety. H. DEFINITIONS When used in this Ordinance, the following words and phrases shall have the respective meanings ascribed to them: "Alley" means a street that is not used primarily for through traffic and provides access to rear entrances of buildings or lots along a street. "Chief' or "Chief of Police' means the Chief of Police of the Town of Trophy Club, Texas. or his or her designee. "Commercial motor vehicle" means any motor vehicle other than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. "Motor Vehicle' means every vehicle, as herein defined, which is self-propelled. "Semi -trailer" means every vehicle of the trailer type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle. "Stoplight" means a traffic control signal displaying different colored lights or colored lighted arrows successively or in a combination, and may display only green, yellow, or red and applies to operators of vehicles as provided by the Texas Transportation Code. "Street" means every street, road and alley within the Town of Trophy Club, Texas, exclusive of state highways within the Town. "Trailer" means every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure and to be drawn by a motor vehicle. "Truck -tractors" means every motor vehicle designed or used primarily for drawing other vehicles, and not so constructed as to cant' a load other than a part of the weight of the vehicle and load so drawn, except that is engaged with a semi -trailer in the transportation of automobiles, and that transports motor vehicles on part of the truck -tractor. "Vehicle" means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck -tractors, trailers, and semi- trailers, severally, as hereinafter defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. M. SPEED OF VEHICLES A. Maximum speed. 1. Except as provided by Section IV.(E) of this Ordinance, no person shall drive a vehicle on a street or highway within the Town at a speed greater than is reasonable and prudent under the circumstances then existing. 2. The maximi -un rate of speed on all of the streets, roads and highways within the corporate limits of the Town shall be thirty (30) miles per hour, except in designated school zones as provided herein. 3. The maximum rate of speed on all of the alleys within the corporate limits of the Town shall be (15) fifteen miles per hour. D. School Zones. The following areas, streets or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20) miles per hour during the designated times: On Village Trail Road from the 0 block to the 300 block, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. 2. On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south of Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. 3. On Marshall Creek Road from the most western Town limits sign to 300 feet east of Parkview Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on school days. 4. On Parkview Drive from the intersection of Marshall Creek Road, south to Durango Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on school days. C. Signs. Speed limit and school zone signs in conformity with the manual and specifications for uniform traffic control devices as adopted by the State Highway Commission shall be and hereby are directed to be erected at the appropriate locations as determined by the Chief of Police. IV. TRAFFIC CONTROL DEVICES A. Uniformity of traffic control devices; 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 with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Commission (the "Manual'). As required by §544.002, TEX. TRANSP. CODE ANN. (Vernon 1998), all signs, signals and markings erected or used by the Town shall be uniform, and shall be located throughout the Town in conformity with the directions shown in the Manual as far as practicable. B. Stop signs. Stop signs shall be erected at the following intersections and such intersections are hereby designated as stop intersections. Every driver of a vehicle approaching a stop intersection shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic control signal. The stop intersections and locations of stop signs shall be as follows: At the comer of every street or court intersecting with and entering onto Trophy Club Drive. Z. At the corner of every street or court intersecting with and entering onto Indian Creek Drive. 3. At the corner of every street or court intersecting with and entering onto Village Trail Drive. 4. At the northeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing east on Indian Creek Drive. 5. At the southwest corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing west on Indian Creel: Drive. 6. At the southeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing south on Trophy Wood Drive. 7. At the northeast comer of the intersection of Inverness Drive and Forest Hill Drive facing east on Inverness Drive. S. At the northeast corner of the intersection of Phoenix Drive and Pebble Beach Drive facing east on Phoenix Drive. 9. At the northeast corner of the intersection of Camoustie Drive and Oakmont Drive facing east on Camoustie Drive. 10. At the northwest corner of the eastern most section of the intersection of Seminole Drive and Fresh Meadow Drive facing north on Seminole Drive. 11. At the northeast corner of the intersection of Pin Oak. Drive and Trophy Wood Drive facing east on Pin Oak Drive. 13. At the northeast corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing east on Pebble Beach Drive. 13. At the southwest corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing west on Pebble Beach Drive. 14. At the northeast corner of the intersection of Inverness Drive and Trophy Wood Drive facing east on Inverness Drive. 15. At the southwest corner of the intersection of Inverness Drive and Trophy Wood Drive facing west on Inverness Drive. 16. At the northwest corner of the intersection of Michelle Court and Indian Creek Drive facing north on Michelle Court, 17. At the southeast corner of the intersection of Brook Hollow Lane and Indian Creek Drive facing northeast on Indian Creek Drive. 18. At the southeast corner of the intersection of St. Andrews Court and Indian Creek Drive facing southwest on St. Andrews Court. 19. At the southeast corner of the intersection of Lake Forest Court and Indian Creek Drive facing southwest on Lake Forest Court. 20. At the southeast corner of the intersection of Turnbury Court and Indian Creek Drive facing southwest on Turnbury Court. 21. At the southeast corner of the intersection of Glen Eagles Court and Indian Creek Drive facing southwest on Glen Eagles Court. 22. At the northeast corner of the intersection of Woodlands Court and Indian Creek Drive facing east on Woodlands Court. 23. At the northeast corner of the intersection of Shady Oaks Court and Indian Creels Drive facing east on Shady Oaks Court. 24. At the northeast corner of the intersection of Ross Court and Indian Creek Drive facing east on Ross Court. 25. At the northwest corner of the most easterly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. 26. At the northwest corner of the most westerly intersection of Fair Green Drive and Indian Creels Drive facing north on Fair Green Drive. 27. At the northeast corner of the intersection of Sunrise Court and East Hillside Place facing east on Sum ise Court. 28. At the northeast corner of the intersection of Greenhill Trail South and East Hillside Place facing east on Greenhill Trail South. 29. At the northeast corner of the intersection of Crestwood Drive and East Hillside Place facing east on Crestwood Drive. 30. At the southeast corner of the intersection of Rockwood Drive and Crestwood Drive facing south on Rockwood Drive. 31. At the southwest corner of the intersection of Overbill Drive and Skyline Drive facing west on Overbill Drive. 32. At the southwest corner of the most southerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. 33. At the northeast corner of the intersection of Panorama Court and Skyline Drive facing east on Panorama Court. 34. At the southwest comer of the most northerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. 35. At the northwest corner of the intersection of Brookfield Drive and Creek Courts Drive facing north on Brookfield Drive. 36. At the northwest comer of the intersection of Oakmont Drive and Creel: Courts Drive facing north on Oalrnront Drive. 37. At the southeast corner of the intersection of Cimarron Drive and Sonora Drive facing south on Cimarron Drive. 38. At the southwest corner of the intersection of Trophy Club Drive and Indian Creek Drive facing west and controlling traffic on Trophy Club Drive. 39. At the northeast corner of the intersection of Trophy Club Drive and Michelle Court facing east and controlling traffic on Trophy Club Drive. 40. At the northwest corner of Overhill Drive and Timber Ridge Drive facing north on Overbill Drive. 41. At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on Timber Ridge Drive. 42. At the northwest corner of Rockwood Drive and Meadowbrook Lane facing north on Rockwood Drive. 43. At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing southeast on Greenleaf Drive. 44. At the southeast corner of Timberline Drive and Greenleaf Drive facing east on Timberline Drive. 45. At the northeast corner of Timber Ridge Drive and Greenhill Drive facing east on Timber Ridge Drive. 46. At the northwest corner of Greenleaf Drive and Timberline Drive facing north on Greenleaf Drive. 47. At the southwest corner of Trophy Wood extension at T. W. Icing Road facing west on Trophy Wood Drive. 48. At the southeast corner of Lake Forest Drive and Cypress Court facing south on Lake Forest Drive. 49. At the northwest corner of Summit Cove and Municipal Drive facing north on Summit Cove. 50. At the northwest comer of Hill Top Lane and Oak Hill Drive facing north on Oak Hill Drive. 51. At the southwest corner of Oak Hill Drive and Oak Hill Drive facing west; this street circles around into itself. 52. At the northeast comer of Oak Village Court and Oak Hill Drive facing east on Oak Village Court. 53. At the northwest comer of Camoustie Drive and Wilshire Drive [acing north on Camoustie Drive. 54. At the southeast corner of Portland Drive and Wilshire Drive facing south on Portland Drive. 55. At the southeast comer of Berkshire Drive and Portland Drive facing southwest on Berkshire Drive. 56. At the southeast corner of Winding Creek Court and Creek Courts Drive facing south on Winding Creek Court. 57. At the northeast corner of Palmetto Court and Oalauont Drive facing east on Palmetto Court. 58. At the southwest corner of Oakmont Drive and Oakmont Drive facing west; this street circles around into itself. 59. At the southwest corner of Shasta Drive and Trophy Lake Drive facing west on Shasta Drive. 60. At the northwest corner of Llano Drive and Shasta Drive facing north on Llano Drive. 61. All four corners where Cimarron Drive and Shasta Drive intersect. 62. At the southeast corner of Shasta Drive and Alamosa Drive facing south on Shasta Drive. 63. At the southeast corner of Pagosa Court and Sonora Drive facing south on Pagosa Court. 64. At the southeast corner of Palo Duro Court and Sonora Drive facing south on Palo Duro Court. 65. At the southeast corner of Mesa Verde Court and Sonora Drive facing south on Mesa Verde Court. 66. At the southeast corner of Salida Drive and Chimney Rock Drive facing south on Salida Drive. 67. At the southeast corner of Sonora Drive and Monterey Drive facing south on Sonora Drive. 68. At the northwest comer of Silver Rock Drive and Chimney Rock Drive facing north on Silver Rock Drive. 69. At the southwest corner of Monterey Drive and Silver Rock Drive facing west on Monterey Drive. 70. At the southeast corner of Silver Rock Drive and Durango Drive facing south on Silver Rock Drive. 71. At the northeast comer of Chimney Rock Drive and Sonora Drive facing east on Chimney Rock Drive. 72. At the corner of every court intersection with and entering onto Creek Courts Drive. 73. At the southeast corner of the intersection of Sunset Drive and Portland Drive facing south on Sunset Drive. 74. At the northeast comer of the intersection of Oak Village Lane and Oak Hill Drive facing east on Oak Village Lane. 75. At the southwest corner of the intersection of Jaime Court and Trophy Wood Drive facing west on Jaime Court. 76. At the southwest corner of the intersection of Fairway Village and Fresh Meadow Court facing west on Fairway Village. 77. At the southeast corner of the intersection of Village Way and Fairway Village facing south on Village Way. 78. At the northeast corner of the intersection of Jennifer Court and Michelle Court facing east on Jennifer Court. 79. At the northwest corner of the intersection of Hill Lane and Oalc FIill Drive facing west on Hill Lane. 80. At the southeast corner of the intersection of Glenwick Court and Meadow Ridge Drive facing south on Glenwick Court. 81. At the southeast corner of the intersection of Glen Hurst Court and Meadow Ridge Drive facing south on Glen Hurst Court. 83. At the northwest corner of the intersection of Ridgewood Drive and Meadow Ridge Drive facing north on Ridgewood Drive. 83. At the southeast corner of the intersection of Briarwood Court and Meadow Ridge Drive facing south on Briarwood Court. 84. At the southeast corner of the intersection of Meadow Lake Drive and Avalon Drive facing west on Meadow Lake Drive. 85. At the northwest corner of the intersection of Lakewood Drive and Avalon Drive facing north on Avalon Drive. 86. At the northeast comer of the intersection of Silver Rock Drive and McKenzie Drive facing east on Silver Rock Drive. 87. At the southwest comer of the northern most intersection of Lakeview Drive and Lake Shore Drive facing west on Lakeview Drive. 88. At the southwest corner of the southern most intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. 89. At the southeast corner of the intersection of Parkway Court and Park Lane facing south on Parkway Court. 90. At the southwest comer of the intersection of Park Lane and Parkview Drive facing west on Park Lane. 91. At the southeast corner of the intersection of Cimarron Court and Cimarron Drive facing west on Cimarron Court. 92. At the northeast comer of the intersection of Round Rock Court and Llano Drive facing east on Round Rock Court. 93. At the northeast corner of the intersection of Paint Rock Court and Llano Drive facing east on Paint Rock Court. 94. At the southwest corner of the intersection of Village Trail and Trophy Lake Drive facing west on Village Trail. 95. At the southeast corner of the intersection of Colonial Court and Cypress Court facing south on Colonial Court. 96. At the northwest corner of the intersection of Gentry Court and Fresh Meadow Drive facing north on Gentry Court. 97. At the northeast corner of the intersection of Hamra Court and Trophy Wood Drive facing east on Hanna Court. 98. At the corner of every street or court intersection with and entering onto Durango Drive. 99. At the corner of every street or court intersection with and entering onto Skyline Drive. 100. At the northeast corner of the intersection of Panorama Circle going west and Panorama Circle going north. 101. At the northwest corner of the intersection of Spyglass Court and Hogan'sDrive facing north on Spyglass Court. 102. At the northwest comer of the intersection of Hayes Court and Hogan's Drive facing north on Hayes Court. 103. At the northwest corner of the intersection of Hamper Court and Hogan's Drive facing north on Hamper Court. 104. At the northwest corner of the intersection of Spyglass Court and Cypress Court facing north on Spyglass Court. 105. At the southeast corner of the intersection of Spyglass Court and Hogan's Drive facing south on Spyglass Court. 106. At the northeast corner of the intersection of Stephen's Court and Hogan's Drive facing east on Stephen Court. 107. At the northwest corner of the intersection of Edgemere Court and Drive facing northeast on Edgemere Court. 108. At the northwest corner of the intersection of Clear Vista Drive and Court facing north on Clear Vista Drive. 109. At the northwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing north on Lakeshore Drive. 110. At the southwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. 111. At the southeast comer of the intersection of Lakeview Drive and Lakeshore Drive facing south on Lakeshore Drive. 112. At the southwest comer of the intersection of Parkview Drive and Durango Drive facing west on Durango Drive. 113. At the northeast corner of the intersection of Parkview Drive and Durango Drive facing east on Durango Drive. 114. At the northeast corner of the intersection of Durango Drive and Village Trail facing east on Durango Drive. 115. At the southwest comer of the intersection of Durango Drive and Village Trail facing west on Durango Drive. 116. At the northeast corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing east on Trophy Club Drive. 117. At the southwest corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing west on Trophy Club Drive. 118. At the northwest comer of the intersection of Trophy Wood Drive and Inverness Drive facing north on Trophy Wood Drive. 119. At the southeast comer of the intersection of Trophy Wood Drive and Inverness Drive facing south on Trophy Wood Drive. 120. Southwest corner of the intersection of southbound Greenhill Trail and eastbound Hunters Ridge Lane, facing west for traffic turning north or south onto Greenhill Trail or continuing east on Hunters Ridge Lane. 121. Northeast corner of the intersection of westbound Hunters Ridge Lane and northbound Greenhill Trail, facing east for traffic turning north or south onto Greenhill Trail or continuing west on Hunters Ridge Lane. 122. Southeast corner of the intersection of northbound Greenhill Trail and eastbound Heather Glen Circle, facing south for traffic turning east or west onto Heather Glen Circle or continuing north on Greenhill Trail. 123. Northwest corner of the intersection of southbound Greenhill Trail and westbound Heather Glen Circle, facing north for traffic turning east or west onto Heather Glen Circle or continuing south on Greenhill Trail. 124. Southeast comer of the intersection of northbound Greenhill Trail and Heatherstone Court, facing south for traffic turning east or west onto Heatherstone Court. 125. Northwest comer of the intersection of southbound Heather Glen Circle and westbound Hunters Ridge Lane, facing north for traffic turning east or west onto Hunters Ridge Lane 126.Northeast corner of the intersection of westbound Plaza Drive and northbound Trophy Wood Drive, facing east for traffic turning north or south on Trophy Wood Drive or continuing west on Plaza Drive 127.Southwest comer of the intersection of eastbound Plaza Drive and southbound Trophy Wood Drive, facing west for traffic turning north or south on Trophy Wood Drive or continuing east on Plaza Drive. 128.Northeast corner of the intersection of northbound Trophy Branch and eastbound Plaza Drive, Lacing south for traffic turning east or west on Plaza Drive. 129.Southeast corner of the intersection of Plaza Drive and T.W. King Road, facing west for traffic turning north or south on T.W. King Road. 130. Southwest corner of the intersection of Trophy Wood Drive and State Highway 114 Service Road, facing north for traffic turning west onto State Highway 114 Service Road. C. U -Turns: Prohibited: a. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a one hundred eighty (180) degree tum (U -Turn) on any street posted by the Town with a sign or signs indicating that such a movement is prohibited. U -Turns shall be permitted at locations where no sign or state law prohibits such turn. b. It shall be unlawful for the driver of any vehicle to make a U -Turn unsafety, or by backing or when such turn causes interference with other traffic. 2. Location: a. U -Turn signs shall be erected at the following locations and such locations are hereby designated as prohibited U -Turn locations. The prohibited locations of U -Turns shall be as follows: (i.) The south end of the median abutting the State Highway 114 service road and west of 353 Trophy Lake Drive. This prohibition applies only to traffic north bound. D. Stoplights. Stoplights shall be erected at the following intersections and such intersections are hereby designated as stop intersections. An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection, except when directed to proceed by a police officer or traffic control signal. The stop light intersections and locations of stoplights shall be as follows: 1. At the intersection of Trophy Club Drive and State Highway 114. 2. At the intersection of Trophy Lake Drive and State Highway 114. E. Compliance. 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. F. Exceptions as to authorized emergency vehicles. The driver of an authorized emergency vehicle, as the term "authorized emergency vehicle" is defined by §541.201, TEX. TRANSP. CODE (Vernon 1998), 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 and subject to other applicable ordinances of the Town. 2. The driver of an authorized emergency vehicle may: 3. Park or stand, irrespective of the provisions of this or any other ordinance of the Town; 4. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; 5. Exceed the prima facie speed limits so long as he does not endanger life or property; and 6. Disregard regulations governing direction of movement or turning in specified directions. 7. The exemption 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 trader normal atmospheric conditions from a distance of at least five hundred (500) feet to the front of such vehicle, except that an authorized vehicle operated as a police vehicle need not be equipped with or display a red light from in front of the vehicle. G. Display of unauthorized device. No person shall place, maintain, or display upon or in view of any highway, street or alley any unauthorized sign, signal, marking, or device, whether one or more which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. 2. 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. 3. This subsection (P) shall not be deemed to prohibit the erection upon private property adjacent to highways, streets or alleys of signs giving useful directional inforniation and of a type that cannot be mistaken for official signs. 4. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the Chief of Police or his authorized representative is hereby empowered to remove the same or cause it to be moved without notice. H. Interference. 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. 1. Manual Operation by School Crossing Guards. 1. The school crossing guards officially designated by the Chief of Police are hereby invested with the authority to manually operate traffic control signals, pursuant to §542.202, TEX. TRANSP. CODE ANN. (Vernon 1998), by which traffic is alternately directed to stop and permitted to proceed. 2. Pursuant to §542.501, TEX. TRANSP. CODE ANN. (Vernon 1998), 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. J. Installation and maintenance generally. The Chief of Police, or a person under the direct supervision and authority of the Chief of Police, 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 effective the provision 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. K. Same -Evidence of authority. It being unlawful for any person other than the Chief of Police, or a person acting under his supervision and control and 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 Chief of Police or under his authority and supervision pursuant to the authority of this Ordinance or of another Ordinance directing the installation of such device, signal or marking. L. Emergency signs. Two emergency signs shall be located on Trophy Club Drive. The sign for northbound traffic shall be located 242 feet south of the intersection of Trophy Club Drive and Municipal Drive on the east side of Trophy Club Drive. The sign for southbound traffic shall be located 343 feet north of the intersection of Trophy Club Drive and Municipal Drive in the center median of Trophy Club Drive. V. IMPAIRING VISIBILITY A. Prohibition. No object or combination of objects, including but not limited to any structure, fence, wall, screen, hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. B. Exceptions. Natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade line of such natural existing terrain, shall be excluded from the objects otherwise prohibited as stated within Section V.(A). C. Presumption. An object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half (2-1/2) feet above the top of the adjacent roadway curb and eight (8) feet above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street curb lines and a point on each such right-of-way line thirty-five (35) feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. D. Removal. Any object, or combination of objects, place, erected, planted or maintained in violation of this Ordinance, shall be removed within ten (10) days of receipt of written notice by certified mail from the Chief of Police or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. r A. Definitions. For purposes of this Section VI, the terms below shall mean as follows: "Approved paved surface" means a surface on which off street parking is permitted as authorized by and set forth in the Town Comprehensive Zoning Ordinance and other applicable ordinances of the Town. 2. "Recreational vehicle" means self-propelled living quarters equipped or used for sleeping and eating which may be moved from one location to another over a public street. 3. "Stand' or "park" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. B. Parking of vehicles prohibited. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the specified public streets located within the Town: I. Indian Creel: Drive between its intersection with Trophy Club Drive and Heritage Court; 2. Along the south bound and west bound lanes of Indian Creel: Drive between Timberline Drive and Hillcrest Court; 3. Trophy Club Drive between its intersection with State Highway 114 and Avenue Twenty; provided, however, that there shall be excluded from this portion of the public street that area which lies between median number two and median number three along Trophy Club Drive and adjacent to the Town information/map sign (the said area being located approximately one-fourth mile from the intersection of Trophy Club Drive and State Highway 114), and which area is designated and marked by striping or otherwise as a parking area where vehicles may park, stop or stand for no more than five (5) minutes for the purpose of reviewing the said information/map sign; 4. Trophy Lake Drive; 5. Along the south side of the entire length of Fairway Village Drive; and 6. Along the south side of the entire length of Summit Cove Drive. 7. Along the East Side of Parkview Drive from Durango Drive to Marshall Creek Road between the hours of 7:00 A.M. and 9:30 A.M. and between the hours of 2:30 P.M. and 4:30 P.M. on school days. C. Parkins on unapproved surface. A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface. D. Exception for emergency vehicles. All emergency vehicles shall be exempt from the restrictions as set forth in subsection (B) and (C) hereof. Emergency vehicles shall include ambulances, fire trucks and equipment, police vehicles and all governmental vehicles used for necessary governmental purposes. E. Overnight parking. Prohibition. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day. This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. ?. Authority to park with permit; out of town guests. Any person who desires to stand or park a vehicle upon a public highway, street, alley or other public right -of way between the hours of 3:00 a.m. and 5:00 a.m. may purchase a permit authorizing the same from the Permit Department, provided there are three (3) or more vehicles in the household of the person requesting the permit. One permit shall be issued for each vehicle for which a permit is requested, which pen -nit shall be permanently affixed to the left side of the back (rear) window so that it is plainly visible to a person standing outside of the vehicle, or if there is no back (rear) window, in a place where the said permit is plainly visible. A permit shall be issued to an individual vehicle owner and therefore shall not be transferable to a third party. A permit holder who shows proof of the transfer of ownership of a permitted vehicle may transfer the permit on that vehicle to a newly acquired vehicle for a transfer fee of ten dollars ($10.00); provided however, that such transfer of permit shall not extend the tern of the permit. The annual renewal fee, is ten dollars ($10.00) per vehicle permit. At the time of sale or transfer of the vehicle, such permit shall be void. A fee of one hundred fifty dollars ($150.00) per vehicle shall be charged for the issuance of a permit for the third household vehicle. A fee of fifty ($50.00) shall be charged for the issuance of a permit for the fourth vehicle. It shall not be a violation of this Ordinance for a nonresident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned or controlled by the non-resident on a public street, highway or other public right-of-way between the hours of 3:00 a.m. and 5:00 a.m., provided that notice of such parking or standing is given to the Chief of Police or designee by no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one calendar month. Any vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a manner as not to obstruct access to the private driveways of neighboring residents. F. Presumption. It is presumed that the registered owner of an unattended or unoccupied vehicle parked, stopped or standing in violation of this Ordinance illegally parked such vehicle. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the State highway license was issued is prima facie evidence of ownership by the named individual. G. Parldng for handicapped persons. The Town of Trophy Club or any private property owner within the Town, who voluntarily designates a parking space or area specifically for a person who is disabled by reason of mobility problems that substantially impairs the person's ability to ambulate or who is legally blind, must post a sign that conforms to the design established and approved by the State Department of FIighways and Public Transportation and the space or spaces provided must conform to the width requirements set by the Department. 2. Any vehicle displaying a symbol, table, or other device authorized by the State Department of Highways and Public Transportation and issued to the operator thereof for use in transporting a disabled person, when operated by or for the transportation of such disabled person, shall be allowed to park for unlimited periods in any parking space or parking area designated specifically for the physically handicapped. Such vehicle, being properly marked as provided by such statute, is exempt from the payment of fees or penalties imposed by any ordinance of the City for parking at a meter or in a space with a limitation on the length of time for parking, unless the vehicle was not parked at the time by or for the transportation of a disabled person. This exemption does not apply to fees or penalties imposed by a branch of the Unites States Government. This section does not permit parking a vehicle at a place or time that parking is prohibited. 3. A person commits an offense if the person is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled person identification card in any parking space or parking area designated specifically for the disabled. A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled. An offense under this section is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). H. Parking prohibited in specified places. Except where necessary to avoid conflict with other traffic, or in compliance with law or the direction of a police officer or official traffic control device, no person shall stop, stand or park a vehicle: 1. Between a safety zone or fire lane and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. 2. Adjacent to a fire hydrant within ten (10) feet of points on the curb directly adjacent to a fire hydrant, unless a different length is indicated by signs or markings VII. OVERWEIGHT VEHICLES A. Weights and loads of vehicles; special permits. 1. Prohibition. Except as otherwise provided by law, no person may drive, operate, or move, nor may the owner cause or permit to be driven, operated or moved, on any street, any vehicle or vehicles of a weight exceeding the limitations stated in this Section VII, or transport thereon any load or loads exceeding the weight prescribed in this Section VII. Permit; fee. The Town Council may issue permits limited to periods of ten (10) days or less for the transportation over Town streets of overweight commodities which cannot be reasonably dismantled or for the operation over the Town streets of superheavy equipment for the transportation of overweight conunodities which cannot be reasonably dismantled. A permit fee of $50.00 shall be charged for each vehicle transporting over Town streets overweight commodities which cannot be reasonably dismantled or for the operation over Town streets of superheavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. The owner or operator of such vehicles may apply to the Permit Department for said permit. Each permit shall contain the name of the owner or operator of the vehicle, the weight which the vehicle is carrying, the vehicle identification number, and any other information deemed necessary by the Town Council. The Town Council shall designate the route within the Town to be used by said vehicles operating over the Town streets. B. Weight of load. 1. Except as otherwise provided by law, no commercial motor vehicle, truck - tractor, trailer or semi -trailer, nor combination of such vehicles shall be operated over, on or upon Town streets, having a weight in excess of one or more of the following limitations: (a) No such vehicle nor combination of vehicles shall have a greater weight than twenty thousand (20,000) pounds carried on any one axle, including all enforcement tolerances; or with a tandem axle weight in excess of thirty-four thousand (34,000) pounds, including all enforcement tolerances; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula: W=500((LN/(N-1)) + 12 + 36 where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load or 34,000 pormds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more; provided that such overall gross weight may not exceed eighty thousand (80,000) pounds, including all enforcement tolerances. (b) No such vehicle nor combination of vehicles shall have a greater weight than six hundred (600) pounds per inch width of tire upon any wheel concentrated upon the surface of the Town street and using high-pressure tires, and a greater weight than six hundred and fifty (650) pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low- pressure tires, and no wheel shall carry a load in excess of eight thousand (8,000) pounds on high-pressure tires and ten thousand (10,000) pounds on low-pressure tires, nor any axle a load in excess of sixteen thousand (16,000) pounds on high-pressure tires, and twenty thousand (20,000) pounds on low-pressure tires. (c) In this subsection, an axle load is defined as the total Load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart, extending across the full width of the vehicle. Tandem axle group is defined as two (2) or more axles spaced forty (40) inches or more apart from center to center having at least one (1) common point of weight suspension. 2. No person shall load, or cause to be loaded, a vehicle for operation on the Town streets with the intent to violate the weight limitations in subsection B.(1) of this Section VII. Intent to violate those limitations is presumed if the loaded vehicle exceeds the applicable gross vehicular weight limit by 15 percent or more. This subsection B.(2) does not apply to the loading or causing to be loaded of an agricultural or a forestry commodity prior to the processing of the commodity. 3. The load limits established by this subsection B. shall be posted by appropriate signs within the Town by the Chief of Police or his designated representative prior to the enforcement of any of the provision hereof. C. Application for registration to show weight and maximum load; license receipt; penalty for violation. When any person, firm or corporation desires to operate over any Town street any vehicle that cannot comply with one or more of the weight restrictions contained in this Section VII, the Permit Department may, as an alternative to any other procedure authorized by law, upon application issue a permit for the movement of such vehicle, when the Permit Department is of the opinion that the same may be moved without material damage to the street or road. Upon application for a permit for any commercial motor vehicle, truck -tractor, trailer or semi -trailer, the applicant shall deliver to the Permit Department an affidavit, duly sworn to before an officer authorized to administer oaths, showing the weight of said vehicle, the maximum load to be transported thereon, and the total gross weight for which said vehicle is to be permitted; which affidavit shall be kept on file by the Permit Department. The permit issued to the applicant shall also show the total gross weight for which said vehicle is registered. A copy of said receipt shall be carried at all times on any such vehicle while the vehicle is upon the Town streets. The copy of the permit above required shall be admissible in evidence in any cause in which the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of the gross weight for which such vehicle is permitted. Such copy of the permit shall be displayed to any officer authorized to enforce this Ordinance, upon request by such officer. The Chief of Police shall formulate rules and regulations regarding issuance of permits including, but not limited to, the forms and procedures to be used in applying for same; whether a particular permit shall be for one trip only, or for a period of time; and such other matters as the Chief of Police may deem necessary to carry out the provisions of the Section. The failure of an owner or his representative to comply with any rule or regulation of the Chief of Police or any condition placed on his permit shall render the permit void and, immediately upon such violation, any further movement over the Town streets of the overweight vehicles shall be in violation of existing laws regulating the weight of vehicles on Town streets. The movement of such overweight vehicles is a privilege not accorded to every user of the Town streets. Therefore, the fees for a special transportation permit should be sufficient to cover the administrative costs incurred in the processing and issuing of the permit and the additional wear on the Town's streets. It is also recognized that the use of such overweight vehicles on the Town's streets may inconvenience other vehicle operators. It is, therefore, declared to be the policy of the Town Council that in formulating such rules and regulations and in establishing such fees, the Town Council shall consider and be guided by: The Town's investment in its streets; 2. The safety and convenience of the general traveling public; 3. The suitability of roadways and sub -grades on the streets, variation in soil grade and the seasonal effect on street load capacity. D. Liability. The issuance of a permit for an overweight movement shall not be a guarantee by the Town that the streets can safely accommodate such movement, and the owner of any vehicle involved in any overweight movement, whether with or without permit, shall be strictly liable for any damage such movement shall cause the streets or any of its structures or appurtenances. E. Motor vehicle, solid waste transport, weight limitations. Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, §361.003, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998), may be operated upon the Town streets with a tandem axle gross load not to exceed 44,000 pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle gross load in excess of 34,000 pounds, the owner, except if the owner is a municipality, of such vehicle shall first file with the State Department of Highways and Transportation a surety bond in the principal sum not to exceed $15,000 for each vehicle, which sum shall be set by the State Department of Highways and Transportation; said bond to be conditioned that the owner of such vehicle will pay to the Town, within the limit of such bond, all damages done to the Town streets by reason of the operation of such vehicle with a tandem axle gross load in excess of 34,000 pounds. F. Weight of vehicles transporting ready -mix concrete. Vehicles used exclusively to transport ready -mixed concrete, which is hereby defined as a perishable product, may be operated upon the public streets of the Town with a tandem axle load not to exceed 44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle load in excess of 34,000 pounds, the owner of such vehicle shall first file with the Town a surety bond in the principal sum as fixed by the Town, which sum shall not be set at a greater amount than $15,000 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay to the Town of Trophy Club, within the limit of such bond, all damages done to the Town streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000 pounds; such bond shall be subject to the approval of the Town Council. G. Weighing loaded vehicles by police officers. Any police officer having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the same by means of portable or stationary scales furnished or approved by the Texas Department of Public Safety, or cause the same to be weighed by any public weigher, and to require that such vehicle be driven to the nearest available scales for the purpose of weighing. In the event the gross weight of such vehicle is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent (5%) of the gross weight authorized by law, such police officer shall demand and require the operator or owner thereof to rearrange his cargo if possible to bring such vehicle and load within the maximum axle load authorized by law, and if this cannot be done by rearrangement of said cargo, then such portion of the load as may be necessary to decrease the axle load to the maximum authorized by law plus such tolerance allowance shall be unloaded before such vehicle may be operated further over the public roads of the Town. Provided, however, that if such load consists of livestock, then such operator shall be permitted to proceed to destination without being unloaded, provided the destination be within the State of Texas. It is further provided that in the event the gross weight of the vehicle exceeds the permitted gross weight, the police officer shall require the operator or owner thereof to apply to the Permit Department for a permit in an amount that will cause his gross permitted weight to be equal to the gross weight of the vehicle, provided such total permitted weight shall not exceed the legal gross weight allowed for such vehicle, before such operator or owner may proceed. Provided, however, that if such load consists of livestock or perishable merchandise then such operator or owner shall be permitted to proceed with his vehicle to the nearest practical point in the direction of his destination where his load may be protected from damage or destruction in the event he is required to secure an additional permit before being allowed to proceed. It shall be conclusively presumed and deemed prima facie evidence that where an operator or owner is apprehended and found to be carrying a greater gross load than that for which he is permitted, lie has been carrying similar loads from the date of purchase of such permit. It is further provided that all forms and accounting procedures necessary to carry out the provisions of this section shall be prescribed by the Town Council. VIII. SAVINGS AND REPEALER CLAUSE That this Ordinance shall be cumulative of all other ordinances of the Town 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; provided, however, that Section VI (E)(2) of Ordinance No. 2005-26 is hereby amended as specifically provided in this Ordinance, but provided that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such amended Ordinance Nos. 2005-26 shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in hill force and effect. ISL SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance 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. X. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. XI. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. XII. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the I st day of May, 2006 ATTEST: vTown Secretary, V Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas Mayor, Town of Trophy Club, Texas �9 f