O-76-270 - 1/8/1976ORDINANCE NO. 270
ORDINANCE AUTHORIZING EXISTING TRAFFIC
CONTROL DEVICES, THE INSTALLATION OF NEW
TRAFFIC CONTROL DEVICES, SIGNALS AND
SIGNS, AND DIRECTING THE CITY MANAGER
OF THE CITY OF ROUND ROCK TO ERECT SUCH
DEVICES, SIGNALS AND SIGNS AS MAY BE
PROVIDED FOR IN ANY SUBSEQUENT ORDINANCE;
PROVIDING FOR THE PRIMA FACIE EVIDENCE
RULE WITH RESPECT TO SUCH DEVICES, SIGNALS
AND SIGNS AS MAY BE ACTUALLY INSTALLED;
PROVIDING FOR PENALTY FOR THE VIOLATION
OF THE PROVISIONS OF THIS ORDINANCE;
PROVIDING FOR A SAVINGS CLAUSE: AND
PROVIDING FOR THE EFFECT OF CONFLICTING
ORDINANCES, RESOLUTIONS, OR ORDERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
Section 1.
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 city of Round Rock, Texas shall conform
with the Texas Manual On Uniform Traffic Control Devices for Streets
and Highways, Volumes I and II (hereinafter called the Manual). Article
6701d, Vernon's Civil Statutes states; all signs, signals and markings
erected or used by the City of Round Rock, Texas, shall be uniform and
be located so far as practicable according to the directions shown in the
Manual throughout the city. All existing traffic control devices and
those erected in the future by the City being consistent with the Manual,
State law and this Ordinance shall be official traffic control devices.
Section 2.
The driver of any vehicle, motor vehicle or animal shall obey the
instructions of any official traffic control device, sign, signal or marking
applicable thereto placed in accordance with this Ordinance, the Manual and any
Ordinance directing that such traffic control device, sign or signal shall
be installed or erected unless otherwise directed by a police officer,
subject to the exceptions granted the driver of an authorized emergency
vehicle permitted by this Ordinance.
Section 3.
(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 privileges 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 ordinance;
(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 said vehicle in motion sounds
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 five hundred feet to the front of such vehicle, except
that an authorized emergency vehicle operated as a police vehicle need
not be equipped with or display a red light visible from in front of the
vehicle.
(d) The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons, nor shall such provisions protect the driver from
the consequences of his reckless disregard for the safety of others.
Section 4.
(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 or
direct the movement of traffic, or which hides from view or interferes with
the effectiveness of any official control devise 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 Chief of Police is hereby empowered to
remove the same or cause it to be moved without notice.
Section 5.
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 6.
(a) The City Council of the City of Round Rock, Texas by Ordinance
direct that the City Manager shall have the duty of erecting or installing
upon, over, along, or beside any highway, street or alley, signs, signals
and markings, or cause the same to be erected, installed or placed in
accordance with this Ordinance and consistent with the Manual. Said traffic
control devices shall be installed immediately, or as soon as such specific
device, sign or signal can be procured.
(b) Whenever the City Manager has erected and installed any official
traffic control device, signal or sign at any location in the City of Round
Rock, Texas, or has caused the same to be done under his direction, in
obedience to this Ordinance, the Manual or other Ordinance directing the
erection of such device, signal or sign he shall thereafter file a report
with the City Secretary in writing and signed officially by the City
Manager stating the type of traffic control device, sign or signal, and
when and where the same was erected or installed. The City • Secretary shall
file and maintain such report of the City Manager among the official papers
of the office of the City Secretary.
Section 7.
It being unlawful for any person other than the City Manager, acting
pursuant to an Ordinance of the City, 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 City of Round Rock, Texas, 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
City Manager pursuant to the authority of this Ordinance and of the Ordinance
directing the installation of such device, signal or marking.
Section 8.
Any person convicted of violating any of the provisions of this
Ordinance shall be punished by a fine of not less than One Dollar ($1)
nor more than Two Hundred Dollars ($200).
Section 9.
It is hereby declared to be the intention of the City Council of the
City of Round Rock, Texas, that the sub -sections, paragraphs, sentences,
clauses, and phrases of this Ordinance shall be severable. If any of them
shall be declared unconstitutional or invalid by the valid judgment or
decree of any court of competent jurisdiction, it is the intention of the
City Council of the City of Round Rock that such unconstitutionality or
invalidity shall not effect any of the remaining sub -sections, paragraphs,
sentences, clauses, or phrases of this Ordinance. This Ordinance would
have been enacted by the City Council of the City of Round Rock without
the incorporation herein of any unconstitutional or invalid sub -sections,
paragraphs, sentences, clauses, or phrases.
Section 10.
All ordinances, resolutions, or orders heretofore enacted, passed,
or adopted by the governing body of the City of Round Rock, Texas, or parts
thereof, in conflict herewith, are hereby repealed to the extent of such
conflict.
READ, PASSED AND ADOPTED this the day of January, 1976.
RA ITTON, Mayor
C ty of Round Rock, Texas