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HomeMy WebLinkAboutOrdinance 969 Traffic Control Devices TOWN OF WESTLAKE, TEXAS ORDINANCE NO. 969 AN ORDINANCE OF THE TOWN OF WESTLAKE, AMENDING ARTICLE II TRAFFIC AND STREET CONTROL, DIVISION 2, TRAFFIC CONTROL DEVICES, SECTION 90- 52 STOP SIGNS AND SECTION 90-53 TRAFFIC CONTROL SIGNALS , PROVIDING REGULATIONS AS FOLLOWS: AMENDING TRAFFIC CONTROL AT EVERY STREET DRIVE INTERSECTIONG WITH AND ENTERING PARISH LANE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A GENERAL PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, UNLESS SPECIFICALLY PROVIDED FOR OTHERWISE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Aldermen is empowered under. §51.001, TEX. LOC. GOV'T ANN. (Vernon 1998) and. §122.005, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998) to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health; and WHEREAS, the Board of Aldermen under. §311.002, TEX. TRANSP. CODE ANN. (Vernon 1998) is given control and power over the streets and roads of the Town including the power to regulate the streets and road; and WHEREAS, the Board of Aldermen is authorized under. §542.201 and. §542.202, TEX. TRANSP. CODE ANN. (Vernon 1998) to adopt local traffic regulations with respect to streets and roads under its jurisdiction; and WHEREAS, the Town of Westlake is authorized under §545.356, TEX. TRANSP. CODE ANN. (Vernon 1998) to alter the prima facie speed limits within the Town; and WHEREAS, the Town of Westlake desires to establish regulations governing the maximum speed vehicles within the Town; and WHEREAS, upon the basis of a traffic conditions assessment taking into consideration the health, safety and general welfare of the citizens of the Town, the number of children residing throughout the Town, the type of development throughout the Town, the width and condition of the pavement or other surface of the streets and roads within the Town, the usual traffic thereon, and other circumstances on such streets and roads, the Town Board of Aldermen hereby finds and determines that a reasonable and safe prima facie maximum speed limit on the streets and roads within the Town be set; and WHEREAS, the Town of Westlake is further empowered pursuant to. §544.003, TEX. 1 TRANSP. CODE ANN. (Vernon 1998) to erect stop signs at specified entrances to highways and streets under its jurisdiction and designate any intersections as a stop intersection and erect appropriate signs at one or more entrances to such intersections, and is further empowered by §544.002 TEX. TRANSP. CODE ANN. (Vernon 1998) to place and maintain any traffic control devices upon any street within its jurisdiction as it may deem necessary to indicate and carry out the provisions of said section, local traffic ordinances or to regulate, warn or guide traffic, and finds that the placement of such signs and other traffic control devices within the Town is in the best interests of the health, safety and welfare of the members of the public; and WHEREAS, the Town is authorized pursuant to. §621.303, TEX. TRANSP. CODE ANN. (Vernon 1998) to regulate the movement and operation of overweight, oversize or over length commodities which cannot reasonably be dismantled, as well as the movement and operation of superheavy or oversize equipment for the transportation of oversize or overweight or over length commodities which cannot be reasonably dismantled, on public roads within the Town; and WHEREAS, the Town is authorized pursuant to §622.014, TEX. TRANSP. CODE ANN. (Vernon 1998) to prescribe by order or ordinance reasonable rules and regulations governing the operation of vehicles used to transport ready mixed concrete over the streets of the Town; and WHEREAS, the Town Board Council hereby finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: I. INCORPORATION OF PREAMBLE That the above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its entirety. IV. TRAFFIC CONTROL DEVICES A. Uniformity of traffic control devices: conformance to manual. 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 Town shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Commission (the "Manual"). As required by §544.002, TEX. TRANSP. CODE ANN. (Vernon 1998), all signs, signals and markings erected or used by the Town shall be uniform and shall be located throughout the Town in conformity with the directions shown in the Manual as far as practicable. 2 B. Stop Signs. Stop signs, as warranted by a traffic conditions assessment, shall be erected where one or more of the following conditions exist or as otherwise determined by the Town Transportation Engineer: 1. Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous. 2. Street entering through a highway or street. 3. Unsignalized intersection in a signalized area. 4. Other intersections where a combination of high speed, restricted view and serious accident record indicates a need for control by the STOP sign. It shall hereafter be unlawful for any person, driver of a motor vehicle to drive over or pass a stop sign or drive under a stop signal on any street or highway within the limits of the Town of Westlake, Texas, without first bringing such motor vehicle to a complete stop at such stop sign or stop signal, before driving over or passing any stop sign, or under any stop signal. Every driver of a vehicle approaching a stop intersection shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic control signal. The stop intersections and locations of stop signs are as follows: 1. At every street or drive intersecting with and entering onto Kirkwood Boulevard. 2. At every street or drive intersecting with and entering onto Precinct Line Road. 3. At every street or drive intersecting with and entering onto Dove Road. 4. At every street or drive intersecting with and entering onto Pearson Lane. 5. At every street or drive intersecting with and entering onto J. T. Ottinger. 6. At every street or drive intersecting with and entering onto Roanoke Road. 7. At the southeast corner of the intersection of Sam School Road and Kirkwood Boulevard facing the south on Sam School Road. 8. At the northeast comer of the intersection of Kirkwood Boulevard and Precinct Line Road facing the east on Kirkwood Boulevard. 9. At the traffic island intersection of Randol Mill Road and Dove Road facing the southeast and southwest on Randol Mill Road and the northeast of Dove Road at 3 Randol Mill Road. 10. At the southwest comer of the intersection of Dove Road and Precinct Line Road facing the west on Dove Road. 11. At the southeast corner of the intersection of Pearson Lane and Dove Road facing the south on Pearson Lane. 12. At the northeast corner of the intersection of Dove Road and J.T. Ottinger facing south on J.T. Ottinger Road and the northwest corner of the traffic island at J.T. Ottinger facing the southeast on Dove Road. 13. At the southwest corner of the intersection of Mahoeta Boone Trail and J.T. Ottinger (or referred to as Dove Road) facing the west on Mahoeta Boone Trail. 14. At the southeast, northwest and interior roads (northbound and southbound) of the at-grade intersection of Roanoke Road and SH 170 facing the north and south on Roanoke Road. 15. At the southeast, southwest, northeast, northwest, and interior roads (northbound and southbound) of the intersection of US 377 and SH 170 facing the south, west, east, and north of US 377. 16. Other than state HWY 170 at every street or drive intersecting with and entering Parish Lane. VIII. SAVINGS AND REPEALER CLAUSE That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to the said repealed Ordinance shall continue to be governed by the provisions of those Ordinances and for that purpose those Ordinances shall be deemed to remain and continue in full force and effect. IX. SEVERABILITY CLAUSE 4 If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Board of Aldermen hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. X. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. XI. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Westlake, Texas this the 31st day of July 2023. _____________________________________ Sean Kilbride, Mayor ATTEST: ________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ___________ L. Stanton Lowery, Town Attorney 5