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HomeMy WebLinkAboutORD 2022-16 - Traffic Control DevicesORDINANCE NO. Za Zz - l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTERS 10.04 AND 10.08 OF THE CODE OF ORDINANCES REGARDING THE INSTALLATION OF TRAFFIC CONTROL DEVICES WITHIN THE CITY LIMITS; PROVIDING FOR A PENALTY; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Texas Transportation Code Section 311.001 grants home rule cities "exclusive control" over public highways, streets, and alleys in the municipality; and WHEREAS, Section 10.08.070 of the City of Georgetown Code of Ordinances (the "Code") currently requires the City Council by ordinance to direct the Chief of Police (the "Chief') to install, or cause to be installed, traffic -control devices such as signs, signals, and markings at locations consistent with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (the "Manual"); and WHEREAS, Section 10.08.080 of the Code currently requires the Chief to "file a report with the City Secretary in writing and signed officially by the Chief of Police stating the type of traffic -control device, sign or signal, and when and where the same was erected and installed," and instructs the City Secretary to file and maintain such report; and WHEREAS, Section 10.08.090 of the Code currently requires the Chief to maintain a "traffic register" in which he shall enter the location of the traffic -control signs, signals, markings and devices, but only upon authorization by Council; and WHEREAS, Georgetown has grown exponentially since the adoption of the City's original traffic control devices ordinance, a pace of growth that has caused a significant increase in the number and frequency of traffic control device installation projects; and WHEREAS, the need for a traffic control device should be determined on the basis of either an engineering study or the application of engineering judgment, and requiring two readings of a Council ordinance in order to install a traffic control device can cause an unsafe situation to persist for an unnecessary period of time; and WHEREAS, the City's Public Works Department maintains a database of traffic control devices existing within the city limits, and requiring both the Chief of Police and the City Secretary to maintain registers of such devices is an inefficient use of valuable City resources; and WHEREAS, the City Council of the City of Georgetown finds it in the best interest of the City to delegate to the City's Traffic Engineer the authority to install, or cause to be installed, traffic control devices within the city limits, provided she maintains a register of the locations of all such devices. Ordinance No. — Page 1 of 3 Description: Installation of Traffic Control Devices Date Approved: 1 ZO'tZ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 3. Chapter 10.04 of the Code of Ordinances of the City of Georgetown, "Duties and Authority of the Traffic Engineer," shall be amended to add Subsection "M" as set forth in Exhibit A attached hereto. SECTION 4. Chapter 10.08 of the Code of Ordinances of the City of Georgetown, "Traffic Control Devices," shall be amended to read as set forth in Exhibit B attached hereto. SECTION 5. The driver of any vehicle, motor vehicle, or animal shall obey the instructions of any traffic control devices installed pursuant to the authority delegated to the Traffic Engineer herein, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle, and the failure to do so shall be subject to a penalty in accordance with the Code or State law, as applicable. The existence of a traffic control device shall prima facie evidence that the Traffic Engineer installed the signs in accordance with this ordinance and the provisions of Chapter 10.04 and 10.08, as amended. SECTION 6. If any section or any portion of any section of this ordinance, or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance; and that each section and each portion thereof not decreed to be invalid shall remain valid and enforceable, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 7. All ordinances and parts of ordinances that are in conflict with this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the. day of 2022. PASSED AND APPROVED on Second Reading on the _ZZ,�4ay of 2022. Ordinance No. ZO2-'. —I_! Page 2 of 3 Description: Installation of Traffic Control Devices Date Approved: 7tPOt ATTEST: THE CITY OF GEORGETOWN [ By: Robyn Den are, City Secretary I Poshua SpKoeder, Mayor APPROVED AS TO FORM: Skye Wsson,LCity Attorney Ordinance No. = Z— I to Page 3 of 3 Description; Installation of Traffic Control Devices Date Approved: rolru p�t ��Z EXHIBITA Sec. 10.04.010. Duties and authority of the traffic engineer. The City Manager is authorized to designate a Traffic Engineer for the performance of the traffic safety duties for the City. Whenever and wherever the Traffic Engineer finds it to be necessary for the free flow and expeditious handling of traffic and the safety of persons and property, the Traffic Engineer is authorized to: A. Designate and maintain crosswalks; B. Mark lanes for traffic and parking stalls on the streets of the City; C. Designate intersections of streets at which drivers operating vehicles approaching the intersection on one or more of the intersecting streets must bring such vehicle to a complete stop before proceeding into such intersection; D. Determine traffic light synchronization for intersections controlled by red, green and amber lights or traffic -control devices to be installed at each intersection; E. Designate intersections of streets at which drivers operating vehicles on one or more of the intersection streets shall yield the right-of-way to any pedestrian legally crossing the designated roadway and to any vehicle in the intersection or approaching the intersection on another street so closely as to constitute an immediate hazard; F. Designate and mark appropriately those traffic lanes on multi-laned streets to be used only by vehicles engaged in left -turn movements; G. Designate the location of loading zones and 15-minute parking zones; H. Determine the location of tow -away zones in areas where vehicle parking is prohibited; I. Designate temporary closures of streets for traffic safety reasons, such as repair, maintenance, parades or emergency conditions that may arise; J. Designate names for existing public streets which bear no name; K. Designate and mark temporary truck routes to be followed by construction vehicles and equipment on City Streets; L. Designate and erect appropriate signage for temporary speed zones for all vehicular traffic on City streets in and around construction areas; and M. Determine on the basis of either an engineering study or the application of engineering judgment whether the erection or installation of a traffic -control device is in the public interest, and, if so, erect or install 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 Chapter and consistent with the Texas Manual on Uniform Traffic Control Devices. Page 1 of 1 EXHIBIT B CHAPTER 10.08. TRAFFIC CONTROL DEVICES Sec. 10.08.010. Compliance with State law. 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 shall conform with the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" (hereafter called the manual), which states all signs, signals and markings erected or used by the City 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 Chapter are official traffic -control devices. Sec. 10.08.020.Obedience required. 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 Chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle. Sec. 10.08.030. Prohibited signs, signals, markings. A. Unauthorized Signs, Signals, Markings, Devices. 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 traffic -control device or any railroad sign or signal. B. No Private Signs. 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 signage that does not serve a compelling governmental interest, as determined by the City. Sec. 10.08.040. Prohibited signs, signals, markings —Declared public nuisances. Every prohibited sign, signal or marking is declared to be a public nuisance, and the City Manager or designee is empowered to remove the same or cause it to be removed without notice. Sec. 10.08.OSO. Prohibited signs, signals, markings —Exception. This chapter 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. Sec. 10.08.060. Tampering with, defacing or destroying. 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. Sec. 10.08.070. Installation of signs, signals, markings. The City Council hereby directs that the Traffic Engineer, upon finding that the erection or installation of a traffic -control device is in the public interest, 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 Chapter and consistent with the manual. If such installation is pursuant to a City Georgetown, Texas, Code of Ordinances Page 1 of 2 Council ordinance directing the same, said traffic -control devices shall be installed immediately, or as soon as such specific device, sign, or signal can be procured. Sec. 10.08.080. Reserved. Sec. 10.08.090. Traffic register. A. The Traffic Engineer shall maintain a traffic register in which shall be entered the locations of all official traffic -control signs, signals, markings, and devices. B. Whenever any special regulation of traffic becomes expressly not applicable to a specific location in the City, the record of such location shall remain in the traffic register, but shall be prominently marked "DELETED" by the Traffic Engineer, who shall also note the date of such deletion and the authority therefor. Sec. 10.08.100. Presumptive evidence. It being unlawful for any person other than the Traffic Engineer, acting pursuant to this Chapter, 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 Chapter or any traffic ordinance of the City, 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 Traffic Engineer pursuant to the authority of this Chapter. Page 2 of 2 Sec. 10.04.010. Duties and authority of the traffic engineer. The City Manager is authorized to designate a Traffic Engineer for the performance of the traffic safety duties for the City. Whenever and wherever the Traffic Engineer finds it to be necessary for the free flow and expeditious handling of traffic and the safety of persons and property, the Traffic Engineer is authorized to: A. Designate and maintain crosswalks; B. Mark lanes for traffic and parking stalls on the streets of the City; C. Designate intersections of streets at which drivers operating vehicles approaching the intersection on one or more of the intersecting streets must bring such vehicle to a complete stop before proceeding into such intersection; D. Determine traffic light synchronization for intersections controlled by red, green and amber lights or traffic -control devices to be installed at each intersection; E. Designate intersections of streets at which drivers operating vehicles on one or more of the intersection streets shall yield the right-of-way to any pedestrian legally crossing the designated roadway and to any vehicle in the intersection or approaching the intersection on another street so closely as to constitute an immediate hazard; F. Designate and mark appropriately those traffic lanes on multi-laned streets to be used only by vehicles engaged in left -turn movements; G. Designate the location of loading zones and 15-minute parking zones; H. Determine the location of tow -away zones in areas where vehicle parking is prohibited; I. Designate temporary closures of streets for traffic safety reasons, such as repair, maintenance, parades or emergency conditions that may arise; J. Designate names for existing public streets which bear no name; aR4 K. Designate and mark temporary truck routes to be followed by construction vehicles and equipment on City Streets; a" L. Designate and erect appropriate signage for temporary speed zones for all vehicular traffic on City streets in and around construction areas; n M. Detgrmine on the basis of either a n eagj!2eerlt d or h li a i n gf ongineeri ng judgment whether the erection or installation of a traffic -control device Is in the pt b in ores �nclif s errect or Ins all upon, ver, a Iong, or beside anyhi hw s r ggj, gr glI signs, signals, nd a i r a the same to be erected. installed, or placed in accordance with this Chaplgr and consistentwLth the Texas Manual on Uniform Traffic Control Devices. Page 1 of 1 - CODE OF ORDINANCES Title 10 - VEHICLES AND TRAFFIC CHAPTER 10.08. TRAFFIC CONTROL DEVICES CHAPTER 10.08. TRAFFIC CONTROL DEVICES Sec. 10.08.010. Compliance with State law. 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 shall conform with the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways;" (hereafter called the manual),F ^*i—r„z 'id, "^rn^A'S Givi' Stat-Aps which states all signs, signals and markings erected or used by the City 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 Chapter SeetigAs 10 98 010 thg ,,gh 10.08.080[-are official traffic -control devices. Sec. 10.08.020. Obedience required. 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 ~t'onn no n,n ,�,�.,ugh 10 nu nQn and 3a.0A.19At 's Chat , unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle. Sec. 10.08.030. Prohibited signs, signals, markings. A. Unauthorized Signs, Signals, Markings, Devices. 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 traffic -control device or any railroad sign or signal. B. Signs. 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 eemmereial adveFtr 5ftsig nage thatdoes nQtserve o rnmental interest as determined h Sec. 10.08.040. Prohibited signs, signals, markings —Declared public nuisances. Every prohibited sign, signal or marking is declared to be a public nuisance, and the Chio� ef PeliceQty Manaeer or designee is empowered to remove the same or cause it to be moved without notice. Sec. 10.08.050. Prohibited signs, signals, markings —Exception. This chapter 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. Sec.10.08.060. Tampering with, defacing or destroying. 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. Georgetown, Texas, Code of Ordinances Page 1 of 2 Sec. 10.08.070. Installation of signs, signals, markings. The City Council erebv directs that the Tr,4ffl�En ineer, upon finding that the erectian_at installation of_a traffic -control device is in the public interest, 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 Chapter &.,k:e� �n na non t �n no nn and consistent with the manual. if ch installation is pursuant to a City Council ordinance directing the same _; -Said traffic -control devices shall be installed immediately, or as soon as such specific device, sign, or signal can be procured. Sec.10.08.080. Reserved. l�ill�ili�i�p WIN 3 Sec. 10.08.090. Traffic register. A. The (:'�reA.ef ieeTraffi_c_En&ineer shall maintain a traffic register in which shall be entered the locations of all official traffic -control signs, signals, markings and devices. B. Whenever any special regulation of traffic becomes expressly not applicable to a specific location in the City, the record of such location shall remain in the traffic register, but shall be prominently marked "DELETED" by the Cf i Traffic Eneineei, who shall also note the date of such deletion and the authority therefor. G. All P-il de by the rF,kaf of_Pelee _ _ said Fea st@F ,.hap We R1 y after fly.. @Fe ,tho ed by the Cit , Sec. 10.08.100. Presumptive evidence. It being unlawful for any person other than the' ` k-!L x traffic Engineer, acting pursuant to a4 A-M-1paAee of the hi h ter-, 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 ofSeetia s 10.08 n-19th, Oh M08.080 a�'1013846tl hi h ter or any traffic ordinance of the City, 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 'G4' �eTraf lc Engj Lp pursuant to the authority of r.,etions 10 no this_Chap�er h device,al a art.' Page 2 of 2