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HomeMy Public PortalAboutOrdinance No. 1350-18 05-14-2018ORDINANCE N0.1350-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING DIVISIONS 1 AND 2 OF ARTICLE II, "ADMINISTRATION" OF CHAPTER 82, "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS TO PROVIDE THE CITY MANAGER THE AUTHORITY TO INSTALL TRAFFIC CONTROL DEVICES TO BE ENFORCED BY THE CITY OF RICHLAND HILLS POLICE DEPARTMENT, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council wishes to authorize the City Manager the authority to direct the placement and installation of traffic-control devices as necessary within the city and for the Richland Hills Police Department to enforce such devices. NOW, THEREFORE, BE TI' ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS; SECTION 1. Article II. "Administration" of Chapter 82 "Traffic and Vehicles" is hereby amended by revising Division 1 "Generally" to add the following: Section 82-31 -Signs, signals and devices to be placed by city manager. The city manager and personnel acting under his authority are authorized and directed to place and maintain traffic-control signs, signals and devices when and as required and as he or they may deem necessary to regulate traffic under city ordinances or under state laws or to guide or warn traffic. The placing of barricades or warning signs or devices by contractors or their workers performing work pursuant to any federal, state, county or city contract shall be considered as authorized hereunder. Section 82-32 -Erection of traffic-control devices; manual on uniform traffic- control devices. The city manager and his designees, in their discretion, are authorized to install, or provide for installation of, those traffic-control devices which conform to the Texas Manual on Uniform Traffic Control Devices (MUTCD), including the warrants therein established. Additionally, multi-way stop signs may, but are not required to, be installed: (1) Where traffic volumes are less fifty (50) percent of the warrants provided by the MUTCD for signs; (2) Where traffic volumes on both streets are approximately equal and both streets are designated as secondary collectors; or (3) Where traffic volumes on both streets are approximately equal and such streets are adjacent to a public school. Secs. 82-33 - 82.45. -Reserved. SECTION 2. Article II. "Administration" of Chapter 82 "Traffic and Vehicles" is hereby amended by revising Division 2 "Police Department" to revise Sections 82-46 and 82-47, to add Sections 82-53, 82-54 and 82-55, and to delete Section 82-51, with 82-48, 82-49 and 82-52 remaining unchanged. Sec. 82-46. -Traffic regulations enforced by chief of police. The chief of police is hereby empowered to make regulations necessary to make effective the provisions of this chapter and other traffic ordinances and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days, nor shall it be effective until approved by the city manager. Sec. 82-47. -Authority of police department officials to enforce traffic laws and direct traffic. (a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city. (b) Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. Secs. 82-48 - 82-50 Unchanged Sec. 82.51. -Reserved. Sec. 82-52 Unchanged Sec. 82-53. -Ratification of exiting devices. All traffic-control signs, signal, device and markings that have been place or erected and are in use for the purpose of regulating, warning or guiding traffic are hereby affirmed, ratified and declared to be official traffic-control devices. Sec. 82-54. -Presumption of validity. All traffic-control devices and signals within the city shall be presumed valid and the existence thereof shall constitute prima facie proof of competent authority and lawful erection of such devices and signals. In any prosecution for any violation of law, it shall be necessary for the state to prove the installation or authority therefor of any traffic-control device or signal. Sec. 82-55. -Defendant's right of rebuttal. Any person charged with violating a law concerning atraffic-control device or signal shall have the right to rebut the presumption created in section 82-54 and to prove that such device or signal was erected unlawfully or without lawful authority. SECTION 3. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 14TH DAY OF MAY, 2018. ~- ~- THE HONORABLE MAYOR EDWARD LOPEZ ATTEST: CATHY BOiT ,CITY SEC Y EFFECTIVE DATE: ~ ~ ~ " ~ t~ APPROVED AS TO FORM AND LEGALITY: BETSY L ORNEY \`\``1 i i 1 UJw i l l l l lllJi~l%~Cy ~ f _^~ ~~, ``` ~C_