Ordinance No. An ordinance amending the "Traffic and Motor Vehicles" Chapter of the Code of the City of Arlington, Texas, 1987, through the amendment of Article I, Definitions, relative to the deletion of the definition of Negligence ; through the amendment of Article III, Speed Regulations, Section 3.02, Speed Limits on State and Federal Highways, by the amendment of the opening paragraph, relative to updating the cite reference; Section 3.04, Speed Limits on Certain Public Streets, by the amendment of the opening paragraph, relative to updating the cite reference; and Section 3.06, Speed Limits in Pedestrian Zones, by the amendment of the opening paragraph, relative to updating the cite reference; through the amendment of Article IV, Accidents, Section 4.01, Accidents, Subsection (A), relative to the culpable mental state; by the deletion of Section 4.02, Leaving Scene of Accident; and the deletion of Section 4.03, Report of Accident; through the amendment of Article V, General Parking Requirements, relative to adding new offenses; through the amendment of Article VI, Truck Routes and Load Limits, Section 6.03, Maximum Weights, Dimensions, and Fees, Subsection (B)(9), (C)(4), (C)(6), and (D)(1), relative to updating cite references; through the amendment of Article X, Parking Meters, Section 10.07, Meter Tampering Prohibited, relative to the culpable mental state; through the addition of Article XI, Offenses and Penalties; providing for a fine of up to $200 for each offense in violation of the ordinance; providing this ordinance be cumulative; providing for severability, governmental immunity, injunctions and publication; and becoming effective ten days after first publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. That the "Traffic and Motor Vehicles" Chapter of the Code of the City of Arlington, Texas, 1987, is hereby amended through the amendment of Article I, Definitions, by the deletion of the definition of Negligence.
Further, Article III, Speed Regulations, Section 3.02, Speed Limits on State and Federal Highways, is hereby amended so that the opening paragraph of said section shall be and read as follows: Upon the basis of an engineering and traffic investigation heretofore made, as authorized by the provisions of Texas Transportation Code chapter 545, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be prima facie reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the following-named State and Federal highways, or parts thereof, the same being portions of the public street system of the City of Arlington, said speed limit to be in force and effect, unless as prescribed by the provisions of Section 3.05, Speed Limits in School Zones, of this Chapter. The State and Federal highways hereby regulated, and the maximum prima facie speed limits thereof, are as follows: EXCEPTION: The Texas Department of Transportation is authorized to reduce the regulatory speed limits within construction zones on the State-maintained highway system in the City of Arlington, Tarrant County, Texas, which revised speed limits shall be established by Texas Highway Commission Minute Order. Further, Article III, Section 3.04, Speed Limits on Certain Public Streets, is hereby amended so that the opening paragraph of said section shall be and read as follows: Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Texas Transportation Code chapter 545, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be prima facie reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named public streets and highways, or parts thereof, of the City said speed limit to be in force and effect unless otherwise limited, as prescribed by the provisions of Section 3.05 of this Chapter. The streets and highways hereby regulated, and the maximum prima facie speed limits thereof, are as follows: Further, Article III, Section 3.06, Speed Limits in Pedestrian Zones, is hereby amended so that the opening paragraph of said section shall be and read as follows: Upon the basis of an engineering and traffic investigation heretofore made, as authorized by the provisions of Texas Transportation Code chapter 545, the prima facie speed limits hereinafter indicated for vehicles are hereby determined and the following named streets and highways, or parts thereof, herein designated as pedestrian zones, on days when hours are described on official pedestrian zone speed limit signs located at said zones and when pedestrian zone signs bearing a flashing amber light and located at (2)
said zones are in operation. The location of said pedestrian zones and the hours during which said speed zones shall be in effect are as follows, to-wit: Further, Article IV, Accidents, Section 4.01, Accidents, is hereby amended by the amendment of Subsection (A) so that said subsection shall be and read as follows: A. It shall be unlawful for any person, while driving or operating a vehicle, with criminal negligence, to cause such vehicle to come into collision with any other vehicle, or with any person, animal or property in or on any public street, or public or private place. Further, Article IV is hereby amended by the deletion of Section 4.02, Leaving Scene of Accident. Further, Article IV is hereby amended by the deletion of Section 4.03, Report of Accident. Further, Article V, General Parking Requirements, is hereby amended so that said Article shall be and read as follows: ARTICLE V GENERAL PARKING REQUIREMENTS Section 5.01 Double Parking A person shall not double park, stand or stop a vehicle at any point on the streets or alleys of the City. Section 5.02 Obstructions from Parked Vehicles A person shall not stop, stand, or park a vehicle upon or adjacent to a public street or alley so that any portion of the vehicle, including but not limited to any objects carried in or upon the vehicle, protrudes into the main-traveled portion of said street or alley. Section 5.03 Maximum Parking Time A person shall not stop, stand, or park a vehicle on any street or alley in the City for a period of time longer than seventy-two (72) hours; or the time period stated on signs posted by authority of this Chapter. (3)
Section 5.04 Stopping, Standing, and Parking Regulated A person shall not stop, stand, or park a vehicle at any time upon any public street, alleyway, other public place or fire lane when signs are erected or curbs are painted giving notice that stopping, standing, or parking is prohibited. Section 5.05 Parking for Certain Purposes Prohibited A person shall not stop, stand, or park a vehicle upon any public street, alley, or public property for the purpose of: 1. displaying such vehicle for sale; or 2. washing, greasing, cleaning, polishing, waxing, changing oil or repairing such vehicle, except repairs necessitated by an emergency; or 3. selling or exhibiting property of any nature. Section 5.06 Parking on Median Strips Prohibited A person shall not stop, stand, or park a vehicle in or upon any Median Strip as that term is defined in Article I of this Chapter. Section 5.07 Parking of Certain Vehicles A. A person shall not stop, stand, or park a vehicle (if the vehicle is a truck tractor, road tractor, trailer, semi-trailer, pole trailer, bus, motor home, mobile home or any commercial motor vehicle, as said terms are defined in Article I of this Chapter and V.T.C.A. Transportation Code), upon a public street, alley, parkway, boulevard measuring less than 38 feet in width, or public property. This section shall not authorize the parking of mobile homes in any location, public or private, unless pursuant to a permitted use authorized by the Zoning Ordinance or regulations of the Building Official. This section shall not apply to street construction, maintenance and repair equipment; trucks, equipment, trailers, and vehicles used by public service utility companies engaged in repairing or extending public service utilities; motor buses when taking on or discharging passengers at customary bus stops; other vehicles when actually parked at a designated loading zone; municipal vehicles in the course of performance of City business; or when it is lawful to park a commercial motor vehicle for the purpose of accepting or delivering transportable goods. It is an affirmative defense to prosecution under this section that the vehicle had a mechanical defect, making it unsafe to proceed further, in which event it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs. (4)
B. A person shall not stop, stand, or park a commercial vehicle, (as defined in V.T.C.A., Transportation Code, Chapter 621), which is more than 22 feet in length, or more than 8 feet high at its highest point, or more than 8 feet wide at its widest point on any public street, alley, parkway, boulevard, public park, public property or private drive in or adjacent to a residentially zoned district as defined by Article VII of the Zoning Chapter of the Code of the City of Arlington. This section shall not authorize the parking of mobile homes in any location, public or private, unless pursuant to a permitted use authorized by the Zoning Chapter of the Code of the City of Arlington or regulations of the Building Official. This section shall not apply to street construction, maintenance, and repair equipment; trucks, equipment, or trailers repairing or extending public service utilities; motor buses or other commercial vehicles when taking on or discharging passengers; other vehicles when actually parked at a designated loading zone; vehicles authorized by the municipality to perform City business; or vehicles making acceptance or delivery of transportable goods. It is an affirmative defense to prosecution under this section that the vehicle had a mechanical defect, making it unsafe to proceed further, in which event it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs. Section 5.08 Parking Off Pavement, Roadway, or Parking Area A person shall not stop, stand, or park a vehicle off of the pavement, main traveled portion of the roadway, or a designated or permitted parking area, onto any property without the effective consent of the owner. It is an affirmative defense to the prosecution that the parking off the pavement, main traveled portion of the roadway, or designated or permitted parking area was required due to an emergency malfunction of said motor vehicle and that there was no other safe place to operate the vehicle or was required due to an order by a peace officer. It is an exception that the motor vehicle is a municipal vehicle performing municipal duties or public utility vehicle performing service within an easement. Section 5.09 Parking Near Driveways A. A person shall not stop, stand, or park a vehicle within three feet of the curved portion of any driveway without the effective consent of the owner of the property on which the driveway is located. B. A person shall not stop, stand, or park a vehicle in front of a public or private driveway, except momentarily to pick up or discharge a passenger. (5)
Section 5.10 Parking of Vehicle with Expired License Plates or Inspection Sticker A person shall not stop, stand, or park a vehicle on a public street or alley when the vehicle does not have lawfully affixed thereto both a valid license plate or plates and a valid motor vehicle safety inspection certificate. Section 5.11 Parking On a Parking Lot A person shall not stop, stand, or park a vehicle on a parking lot: 1. so as to block access to any parking aisle designated by striping; or 2. so as to block vehicular movement in driveways within a parking lot; or 3. within an area designated as a Fire Lane. Section 5.12 18 Inches from Curb A person shall not stop, stand, or park a vehicle: 1. on a two way roadway unless the right hand wheels of the vehicle are parallel to and within 18 inches of the right hand curb or edge of the roadway; or 2. on a one way roadway unless the vehicle is parked or stopped parallel to the curb or edge of the roadway in the direction of authorized traffic movement with the right hand wheels within 18 inches from the right hand curb or edge of the roadway or the left hand wheels within 18 inches from the left hand curb or edge of the roadway. Section 5.13 Fire Hydrant A person shall not stop, stand, or park a vehicle within 15 feet of a fire hydrant, except momentarily to pick up or discharge a passenger. Section 5.14 Intersections and Crosswalks A person shall not stop, stand, or park a vehicle: 1. in an intersection; or 2. within 30 feet on the approach to a flashing signal, stop sign, yield sign, or trafficcontrol signal located at the side of the roadway, unless momentarily to pick up or discharge a passenger; or (6)
3. within 20 feet of a crosswalk at an intersection, except momentarily to pick up or discharge a passenger; or 4. on a crosswalk. Section 5.15 Unattended Motor Vehicles A. A person shall not stop, stand, or park a vehicle that is unattended upon any street or highway, or on public or private property accessible to the public, with the engine running or key in the ignition. It is an exception if the unattended vehicle is parked in a private, single-family, residential driveway, or that an unattended vehicle in any off-street location is rendered un-drivable by an anti-theft device with no key in the ignition. B. A person shall not stop, stand, or park a vehicle that is unattended on a grade upon any street or highway without turning the front wheels to the curb or side of the highway. Section 5.16 Parking on Highways A. A person shall not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district, unless: 1. stopping, standing, or leaving the vehicle off the main traveled part of the highway is not practicable; 2. a width of highway beside the vehicle is obstructed and open for the passage of other vehicles; and 3. the vehicle is in clear view for at least 200 feet in each direction on the highway. B. Subsection (A) does not apply to an operator of a vehicle that is disabled while on the paved or main traveled part of a highway if it is impossible to avoid stopping and temporarily leaving the vehicle on the highway. C. A person shall not stop, stand, or park a vehicle at an angle on a roadway when the roadway is part of a state or federal-aid highway. D. A person shall not stop, stand, or park a vehicle on a highway under the jurisdiction of the Texas Department of Transportation when signs are erected by the Texas Department of Transportation which prohibit or restrict the stopping, standing or parking of a vehicle on the highway. (7)
Section 5.17 Parking Without Dimming Headlamps A person shall not stop, stand, or park a vehicle without dimming the vehicle s lighted headlamp or headlamps. Section 5.18 Parking Near Fire Apparatus or Ambulance A person shall not stop, stand, or park a vehicle: 1. In the block where the fire apparatus has stopped to answer a fire alarm when the operator is not on official business; or 2. Where an ambulance has been summoned for an emergency call in a manner intended to interfere with the arrival or departure of the ambulance. Section 5.19 Parking Near Entrance to Fire Station A person shall not stop, stand, or park a vehicle within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance when the entrance is properly marked with a sign. Section 5.20 Parking Near Street Construction or Obstruction A person shall not stop, stand, or park a vehicle alongside or opposite a street excavation or obstruction if stopping, standing or parking the vehicle would obstruct traffic. Section 5.21 Parking on or Near Railroad Tracks and Crossings A person shall not stop, stand, or park a vehicle: 1. On a railroad track; or 2. Within 50 feet of the nearest rail of a railroad crossing, except temporarily to load or unload merchandise or passengers. (8)
Section 5.22 Parking on Sidewalks A. A person shall not stop, stand, or park a vehicle on a sidewalk. B. A person shall not stop, stand, or park a bicycle on a sidewalk if the bicycle impedes the normal and reasonable movement of pedestrian or other traffic on the sidewalk. Section 5.23 Parking on Bridges or in Tunnels A person shall not stop, stand, or park a vehicle on a bridge or other elevated structure on a highway or in a highway tunnel. Section 5.24 Parking in Safety Zones A person shall not stop, stand, or park a vehicle between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone. SECTIONS 5.25 5.30 RESERVED FOR FUTURE USE Section 5.31 Prohibited Uses of Motor Vehicles in Parking Area No person in control or possession of a motor vehicle in a parking area may: 1. Bring a motor vehicle to a sudden stop or rapidly accelerate said motor vehicle or blow the horn of the vehicle when there is no reasonable necessity for the protection of a person or property in such manner calculated to disturb a person of ordinary sensibilities; or 2. Hold a race or contest for speed with another motor vehicle or vehicles. Section 5.32 Unlawful Parking in Areas Designated for Persons with Disabilities The provisions of Texas Transportation Code 681.011 are hereby adopted and shall be applicable to parking spaces and areas for persons with disabilities, on private property that are designated and in compliance with the prescribed identification requirements, within the jurisdiction of the City of Arlington. Further, Article VI, Truck Routes and Load Limits, Section 6.03, Maximum Weights, Dimensions, and Fees, is hereby amended by the amendment of Subsection (B)(9), so that said subsection shall be and read as follows: (9)
9. Manufactured housing as defined by the Texas Manufactured Housing Standards Act, Texas Occupations Code chapter 1201, which is in excess of legal width or length limits as defined by law shall not be moved over the public streets of the City of Arlington, except in accordance with permits issued by the State Department of Highways and Public Transportation over routes designated by the State Department of Highways and Public Transportation to be used within the City. Further, Article VI, Section 6.03, is hereby amended by the amendment of Subsection (C)(4), so that said subsection shall be and read as follows: 4. Vehicles used exclusively to transport ready-mix concrete may be operated in accordance with the weight provisions of Texas Transportation Code chapter 622, as amended. However, no such vehicle shall be operated, unless it shall contain a functioning device attached to the concrete chute which traps concrete and a surety bond shall have been filed with the City by the owner of such vehicle, in a sum not to exceed $15,000.00, and conditioned that the owner of such vehicle will pay to the City all damages done to streets by reason of the operation of such vehicle with a tandem axle load in excess of thirty-four thousand pounds (34,000 lbs.). Further, Article VI, Section 6.03, is hereby amended by the amendment of Subsection (C)(6) so that said subsection shall be and read as follows: 6. Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, Texas Health and Safety Code chapter 361, may be operated upon the public street of the City of Arlington with a tandem axle gross load not to exceed forty-four thousand pounds (44,000 lbs.), a single axle gross load not to exceed twenty thousand pounds (20,000 lbs.) and a gross load for the vehicle not to exceed sixty-four thousand pounds (64,000 lbs.), provided that where the vehicle is to be operated with a tandem axle load in excess of thirtyfour thousand pounds (34,000 lbs.), the owner shall have first filed with the State Department of Highways and Public Transportation a surety bond as required by Texas Transportation Code chapter 623. Further, Article VI, Section 6.03, is hereby amended by the amendment of Subsection (D)(1), so that said subsection shall be and read as follows: 1. Any person operating or causing to be operated a motor vehicle under a valid and subsisting permit for the operation of overweight or oversize equipment for the transportation of such commodities as cannot be (10)
reasonably dismantled issued by the State Highway Department under the provisions of Texas Transportation Code chapter 623; Further, Article X, Parking Meters, is hereby amended by the amendment of Section 10.07, Meter Tampering Prohibited, so that said section shall be and read as follows: Section 10.07 Meter Tampering Prohibited It shall be unlawful for any person to knowingly deface, injure, tamper with, open or break, destroy or impair any parking meter installed under the terms of this Article. Further, the "Traffic and Motor Vehicles" Chapter is hereby amended by the addition of Article XI, Offenses and Penalties, so that said Article shall be and read as follows: Section 11.01 Offenses ARTICLE XI OFFENSES AND PENALTIES A. A person commits an offense by violating any provision of this Chapter, performing an act prohibited by this Chapter, or failing to perform a duty that is required by this Chapter. B. Where no specific penalty is provided for an offense, an offense under this Chapter is punishable by a fine not to exceed $200.00, unless a higher fine is otherwise allowed by law. C. If the definition of an offense does not prescribe a culpable mental state, then a culpable mental state is not required. D. Each day that a violation continues shall constitute a separate offense. 2. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Hundred and No/100 Dollars ($200) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. (11)
This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington. 7. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 8. This ordinance shall become effective ten (10) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the day of, 2010, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the day of, 2010, by a vote of ayes and nays at a regular meeting of the City Council of the City of Arlington, Texas. (12)
ATTEST: ROBERT N. CLUCK, Mayor MARY W. SUPINO, City Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney (13)