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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 0 1 2 0 j 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 atzaJ -2- 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 0 1 2 0 -3- 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 o�za� — d -- ATTEST' T wn ecretary, Town of Trophy Club, Texas [SEAL] APPRO FORM: Town J torney, Town o Trophy Club, Texas 0 1 2 0 -5-