Loading...
Whenever in this chapter an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this chapter the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this chapter shall be subject to punishment as provided in § 1-6 of this code; provided, however, if the maximum penalty provided by this chapter for any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the state, then the maximum penalty for violation as provided by state statute shall be the maximum penalty under this chapter.
(1964 Code, § 26-200) (Ord. 6920, § 9, passed 10-1-1973)
Statutory reference:
Similar provisions, see Tex. Transportation Code Ch. 542
(a) Short title. This section shall be known and may be cited as the “cruising ordinance.”
(b) Purposes and findings.
(1) Purposes. The purpose of this section is to increase emergency vehicle and police access to certain areas (“no cruising zones”) by enhancing the orderly and unobstructed flow of motor vehicle traffic throughout such areas. This will be accomplished by:
a. Reducing traffic congestion caused by an increased volume of motor vehicle traffic participating in repetitive transit throughout such areas;
b. Reducing the likelihood of preventable mishaps and crises arising from an inability of police and emergency personnel to respond to locations within such areas due to excessive traffic congestion caused by cruising;
c. Enhancing police and emergency personnel response time to such areas by reducing the excessive traffic congestion caused by cruising; and
d. Increasing access by members of the general public to such areas, which access is currently restricted due to unnecessary traffic congestion arising from cruising.
(2) Findings. In determining that a need exists for this section, the city council finds and determines as follows.
a. Cruising and the resulting gridlock of traffic have created significant problems in gaining access to certain areas, (“no cruising” zones), not only for the general public, but more importantly for emergency vehicles.
b. Incidents have occurred in which the police department has been delayed in responding to police incidents and emergencies because of the traffic congestion resulting from cruising.
c. Incidents have occurred in which fire department and emergency medical personnel have been delayed in responding to medical emergencies because of traffic congestion resulting from cruising.
d. The inability of the police department to respond within a reasonable time to police incidents and the inability of the fire department to respond within a reasonable time to fire alarms or calls for medical help could result in a great loss of life and property.
e. It is in the interest of the public health, safety and welfare to resolve the cruising problem in order to provide freer access to such areas by emergency vehicles and the general public.
(c) Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular; and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory. In this section:
CRUISE or CRUISING. To operate a motor vehicle, or to permit the operation of a motor vehicle under one’s care, custody or control, so as to pass the same traffic control point within a no cruising zone three times within any two-hour period.
NO CRUISING ZONE. The area bounded by and including the following streets or portions of streets, which area shall be known as the “Stockyards Historic District No Cruising Zone.”
Street | Extent |
23rd Street | Clinton Street to Packers Avenue |
26th Street | Clinton Street to the St. Louis and Southwestern Railway Tracks |
Clinton Street | 23rd Street to 26th Street |
Packers Boulevard | 23rd Street north in a line to Stockyards Boulevard |
Stockyards Boulevard | North Main Street to the St. Louis and Southwestern Railway Tracks |
TRAFFIC CONTROL POINT. Any point established by the chief of police within a no cruising zone for the purpose of monitoring cruising.
(d) Violations. A person commits an offense under this section, if:
(1) Between the hours of 9:00 p.m. and 3:00 a.m., on any day of the week;
(2) He or she cruises, as defined herein; and
(3) In a “no cruising zone” marked in accordance with subsection (h) below.
(e) Enforcement. A citation shall be issued under this section any time after a police officer has determined that the driver of a vehicle has passed a traffic control point more than three times within a two-hour period.
(f) Penalties. A person determined to be in violation of this section shall be fined, upon conviction, not less than $50 and not more than $500.
(g) Affirmative defenses. It shall be an affirmative defense to prosecution under this section that the motor vehicle was:
(1) Owned by a municipality, a county, the State of Texas or the United States government;
(2) An emergency or conspicuously marked public safety vehicle;
(3) A licensed public transportation vehicle; or
(4) A vehicle being used for business purposes and verification of this business was provided.
(h) Demarcation of the “no cruising zone.”
(1) The City of Fort Worth traffic engineer shall mark a “no cruising zone” by conspicuously posting appropriate signs at each entrance to the zone.
(2) A “no cruising zone” requiring demarcation shall consist of an area described in subsection (c) above.
(Ord. 11131, § 1, passed 7-21-1992)
Cross-reference:
Signs generally, see Ch. 29
Traffic-control devices on vehicles at city-owned landing fields, see § 3-97
Statutory reference:
Authority of local authorities to place and maintain traffic-control devices, see Tex. Transportation Code § 544.002
Erection and maintenance of traffic-control signals requiring traffic on a state highway to stop before entering an intersection, see Tex. Transportation Code § 544.002(c)
Regulation of traffic by means of traffic-control devices, see Tex. Transportation Code Ch. 544
Proof of the existence within the city of an official traffic-control device regulating any part of any street or highway, including any part of any freeway, shall be prima facie evidence that such official traffic-control device was erected or placed by and at the direction of personnel duly and lawfully authorized to do so, in accordance with the applicable provisions of state statute and this chapter.
(1964 Code, § 26-58) (Ord. 6920, § 6, passed 10-1-1973)
(a) The driver of any vehicle and the motorman of any streetcar shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b) No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.
(1964 Code, § 26-30) (Ord. 6920, § 4, passed 10-1-1973)
Statutory reference:
Similar provisions, see Tex. Transportation Code § 544.004
(a) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green indication.
a. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
c. Unless otherwise directed by a pedestrian control signal, as provided in § 22-45 pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication.
a. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
b. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in § 22-45, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(3) Steady red indication.
a. Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, but, if none, before entering the crosswalk on the near side of the intersection, and, unless prohibited by a traffic-control sign, may then turn right or, if the intersecting streets are both one-way streets and left turns are permissible, may turn left, after standing until the intersection may be entered safely, yielding right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Traffic not so turning shall remain standing until an indication to proceed is shown. The city, within its jurisdiction, may prohibit such turns on a steady red signal by posting a notice that turns of that type are prohibited. Such notice shall be erected at such intersection giving notice thereof.
b. Unless otherwise directed by a pedestrian control signal, pedestrians facing a steady red signal alone shall not enter the roadway.
(b) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(c) The motorman of any streetcar shall obey the above signals as applicable to vehicles.
(1964 Code, § 26-31) (Ord. 6891, § 1, passed 8-13-1973)
Statutory reference:
Similar provisions, see Tex. Transportation Code § 544.007
The city traffic engineer is authorized to determine and designate intersections where particular hazard exists and to determine whether vehicles shall stop at one or more entrances to any such stop intersection, and shall erect a stop sign at every such place where a stop is required.
(1964 Code, § 26-32)
Statutory reference:
Authority of city to designate stop streets, see Tex. Transportation Code Ch. 544
Loading...