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Ordinance No. 607i ORDINANCE N0. (n 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO BE KNOWN AS THE "TRAFFIC CODE OF THE CITY OF BAYTOWN;" REGULATING TRAFFIC ON THE PUBLIC STREETS OF THE CITY OF BAYTOWN; WORDS AND PHRASES DEFINED; AUTHOR- ITY OF POLICE; DRIVING REGULATIONS - SPEED; DRIVING RE- GULATIONS - RULES OF THE ROAD; TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING; ACCIDENTS, RECKLESS DRIVING, 'STARTING PARKED VEHICLES; TRAFFIC AND PEDESTRIAN SIGNALS; PEDESTRIANS' RIGHTS AND DUTIES; PARKING REGULA- TIONS; SPECIAL STOPS REQUIRED; MISCELLANEOUS DRIVING RULES; REPEALING ORDINANCES IN CONFLICT HEREWITH; CONTAIN- ING A SAVINGS CLAUSE, PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUB- LICATION AND EFFECTIVE DATE HEREOF. • ARTICLE I: WORDS AND PHRASES DEFINED. Section 1: (a) Definition of words and phrases. The following words and phrases when used in this ordinance shall for the purpose of this ordinance have the meaning respectively ascribed to them in this article. (b) Whenever any words and phrases used in this ordinance are not defined herein but are defined in the State laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein. SUBDIVISION I: VEHICLES, TRAFFIC, ETC., DEFINED. Section 2: (a) Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (b) Motor Vehicle: _Every vehicle which is selfpropelled and every ve- hicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (c) Authorized Emergency Vehicle: Vehicles of the Fire Department, police vehicles, and such ambulances and emergency vehicles of municipal departments, or public service corporations, as are designated by the Governing Body of the City of Baytown. Section 3: (a) Bicycle: Every device propelled by human power upon which any person may ride having two tandem wheels either of which is over 20, inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. (b) Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. Section 4: (a) Railroad; A carrier of persons or property upon cars, other than street cars, operated upon stationary rails. (b) Railroad Train: it steam engine, electric or other motor, with or is without cars coupled thereto, operated upon rails, except street cars. Section 5: Traffic: Pedestrian, ridden or herded animals, vehicles, and other conveyances either singly or together while using any street for purpose of travel. • • 112" E Section 6: Right -Of -Way: The privilege of the immediate use of the road- way. Section 7: (a) Stop: When required means complete cessation of movement. (b) Stop, 122ging or Standing: When prohibited means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid con- flict with other traffic or in compliance with the directions of a police officer or traffic -control sign or signal. (c) Park: When prohibited means the standing of a vehicle, whether occu- pied or not, otherwise than temporarily for the purpose of and while actually en- gaged in loading or unloading. Section 6: Official Time Standard: Whenever certain hours are named here- in they shall mean standard time or daylight-saving time as may be in current use in this City. SUBDIVISION II. - PERSONS ETC. DEFINED Section 9: (a) Persons: Every natural person, firm, co -partnership, association, or corporation. (b) Driver: Every person who drives or is in actual physical control of a vehicle. (c) Pedestrian: Any person afoot. Section 10: (a) Police Officer: Every officer of the municipal depart- ment or any other officer authorized to direct or regulate traffic or to make ar- rests for violations of traffic regulations. SUBDIVISION III. - STREETS ETC., DEFINED Section 11: (a) Street or Highway: The entire width between the boundary lines of every way publicly maintained when, any part thereof is open to the use of the public for purposes of vehicular travel. (b) Private Road or Driveway: Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permis- sion from the owner, but not by other persons. (c) Roadwa : That portion of a street or highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. (d) Sidewalri: That portion of a street between the curb lines, or the la- teral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Section 12: Intersection: (a) The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different high- ways joining at any other angle may come in conflict. (b) Where a highway includes two roadways thirty (30') feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such inter- secting highway also includes two roadways thirty (30') feat or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. Section 13: Crosswalk: (a) That part of a roadway at an intersection in- cluded within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway. 0 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Section 14: (a) Safety Zone: The area or space officially set apart with- in a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (b) Passenger Loading Zone: A space adjacent to a curb reserved for the exclusive use of vehicles doing the loading or unloading of passengers. (c) Loading Zone: A space adjacent to a curb reserved for the exclusive use of vehicles doing the loading or unloading of passengers or materials. . Section 15: (a) Official Traffic -Control Devices: All signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (b) Traffic -Control Signal; Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and • to proceed. (c) Traffic Control Si in or Device: All signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of the City Council of the City of Baytown for the purpose of regulating, warning or guiding traffic. ARTICLE II: - AUTHORITY OF POLICE Section 16: Police to Direct Traffic: It shall be the duty of the Police Department of this City to enforce the provisions of this ordinance. Officers of the Police Department are hereby authorized to direct all traffic, either in person or by means of visible and/or audible signals in conformance with the pro- visions of this ordinance, providing that in the event of a fire or other emer- gency or to expedite traffic or safeguard pedestrians, officers of the Police Department or Fire Department may direct traffic, as conditions may require, not- withstanding the provisions of this ordinance. Section 17: The City Council authorized to Adopt Emtr9pncy and Other Re- gulations: The City Council is hereby empowered by resolution to make and en- force regulations necessary to make effective the provisions of this ordinance and to make and enforce temporary regulations to cover emergency or special con- ditions. Section 18: Obedience to Police Officers: No person shall willfully fail or refuse -to comply with any lawful order or direction of any police officer in- vested by law with authority to direct, control or regulate traffic. Section 19: Public Officers and Employees to Obe Ordinance - Exception: (a) The provisions of this ordinance applicable to the drivers of vehicle. upon the highways and streets shall apply to the drivers of all vehicles owned or operated by the United States, this State or any County, City, Town, District or any other political subdivision of this State, subject to such specific excep. tions as may be set forth in this ordinance. Section 20: Traffic Laws Apply to Persons Pror)ellinci Push Carts Persons Riding Animals Persons Riding Bic Iles Persons Driving Animal Drawn Vehicles: Every person propelling any push cart, riding animals, riding a bicycle, or driv ing any animal. drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions of this ordinance which by their very nature can have no application. Section 21: Use of Coasters Roller Skates and Similar Devices Restrictec No person upon roller skates or riding in or by means of any coaster, toy vehic or similar device shall go upon any roadway except -while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights ar shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of this City. *@4t' ARTICLE III. - DRIVING RE.GUDITION - SPEED Section 22: Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 8 of Article 827a, Vernon's Texas Penal Code, the maximum speed limits for all motor vehicles (except emergency vehicles) shall be 30 miles per hour except as follows: (a) 35 miles Per Hour Speed Zones: (1) On Highway 146 from a point 200 feet South of the intersection of South Alexander Drive wi-th"Highway 146 to Davis Road. (2) Missouri Street from Utah Street to Spur 201. (3) On Kilgore Rcad-from East James Street - North to Cedar Avenue. (4) ,lest Texas Avenue Extension from Price Street - West to Air - hart Drive. (5) Cedar Bayou Road from North plain Street to McKinney Road. (b) 40 utiles Per Hour Speed Zones: (1) South Alexander Drive - from the intersection of South Main Street to the intersection of Highway 116. (2) west Alain Street from Spur 201 to Xupon Street. (3) Market Street (300 Feet -,lest of Traffic Circle) to Stadium Drive. (4) On Market Street from Goose Creek Bridge to a Point .3 of a mile from intersection of Alarket and West blain. (5) Airhart Drive - from Woodruff Street to Lynchburg Road. • (6) Decker Drive - from Fleetwood Drive west to Airhart Drive. (7) East James - from Bayou Drive - ',lest to 10th Street. (8) Park Street - from Garth Road- TIest to the intersection of Decker Drive. (9) Highway 146 - from Davis Road to Cedar Bayou Road. (c) 45 Miles Per Hour Speed Zones: (1) Highway 146 - from Cedar Bayou Road North to the City Limits. (2) Spur 201 - from Highway 146 to Meat train Street. (3) Bayway Drive - 500 feet ,4est of Avenue L west to City Limits. (4) Ward Road and Davis Road - from Kilgore Road to Highway 146. 16 (5) Bob Smith Road - from North Main Street to McKinney Road. 115" 0 (d) 50 Miles Per Hour Seed Zones: (1) Highway 146 - from the City Limits - North of Baytown -LaPorte Tunnel to within 200 feet of the intersection of highway 146 and South Alexander Drive. (2) On Decker Drive - From Airhart Drive 111est to the City Limits. A 20 mile per hour speed limit is established on all streets adjacent to public schools unless otherwise designated. Section 23: It shall be illegal for any person to "Jay-11alk" upon any street in a business area. "Business Area" shall mean and include business districts as defined in the State Uniform Traffic Code. ARTICLE IV. - DRIVING REGULATIONS: RULES OF THE ROAD Section 24: Drive on Right Side of Roadway: Exception: Upon all roadways is the driver of a vehicle shall drive upon the right half of the roadway, ex- cept as follows: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; 2. 17hen the right half of a roadway is closed to traffic while under construction or repair; 3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or 4. Upon a roadway designated and signposted for one-way traffic. Section 25: Passing Vehicles Proceeding in _Opposite Directions: Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon the roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half (2) of the main travelled portion of the roadway as nearly as possible. • Section 26: Overtaking a Vehicle on the Left: The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the over- taken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give away to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Section 27: .']hen Overtaking on the Right is Permitted: 2. Upon a one-way street, or upon any roadway on which traffic is re- stricted to one direction of movement, whether the roadway is free from ob- struction and of sufficient width for two (2) or more line of moving vehicles. (a) The driver of a vehicle may overtake and pass upon the right of • another vehicle only under the following conditions:. 1. When the vehicle overtaken is making or about to make a left turn; 2. Upon a one-way street, or upon any roadway on which traffic is re- stricted to one direction of movement, whether the roadway is free from ob- struction and of sufficient width for two (2) or more line of moving vehicles. am (b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway. Section 28: Limitations On Overtaking on the heft: No vehicle shall be driven to the left side of the center of the roadway in overtaking and pass- ing another vehicle proceeding in the same direction unless such left side is clearly visible, and is free of oncoming traffic for sufficient distance ahead to permit such overtaking and passing to be completely made without inter- ferring with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (1001) feet of any vehicle approaching from the opposite direction. Section 29: urther Limitations on Driving to Left of Center of Roadway: (a) No vehicle shall at any time be driven to the lett side of the road- way under the following conditions: 1. ['mere sight restriction is such that the section of highway being traversed lies within no -passing zone as determined and marked in accordance with Section 30. 2. When approaching within one hundred (100') feet of any bridge, via- duct or tunnel. 3. Within one hundred (100`) feet of an intersection. (b) The foregoing limitations shall not apply upon a one-way roadway. Section 30: No Passing Zone: The City Council of the City of Baytown is hereby authorized to determine by resolution those portions of any high- ways in the city limits of the City of Baytown where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings nn the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly • visibYe to any ordinarily observant person every driver of a vehicle shall obey the directions thereof. Section 31: Gne-Way Roadways and Fotary Traffic Islands: (a) The City Council of the City of Baytown may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof. (b) Upon a roadway designated and signposted for one-way traffic the driver of a vehicle shall drive only in the direction designated. (c) The driver c:f a vehicle passing around a rotary traffic island shall drive only to the right of such island. (d) The City Council of the City of Baytown hereby designates the follow- ing streets as one-way with vehicular traffic moving as follows on such streets: L. Ashbel Street, north from its intersection with Gulf Street to its . intersection with ',Vest Defee Street. 2. Gilliard Street, south from its intersection with Test Defee Street to its intersection with West Gulf Street. 3. Jones Street, north from its intersection with :.'est Gulf Street to its intersection with ?Test Defee Street. i 117 11 • ® 4. Vest Defee Street, east from its intersection with ,forth Pruett Street to its intersection with North Commerce Street. 5. ;'lest Sterling Street, west from its intersection with North Commerce Street to its intersection with North Pruett Street. 6. King Street, south from its intersection with :West Alain Street to its intersection with Bolster Street. 7. Oklahoma Street, north from the intersection of 17isconsin Street to its intersection with Minnesota Street. 8. Colorado Street, south from the intersection of Minnesota Street to its intersection with 'T.'lisconsin Street. 9. Magnolia Street, north from the intersection of Market Street to its intersection with Cedar Street. • Section 32: Driving on Roadways La.ned for Traffic: Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic the following r,A es in addition to all others consistent herewith shall apply: (a) The driver of a vehicle shall drive as ?.early as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three (3) lanes the driver of a vehicle shall not drive in the center lane, except when overtaking and pass- ing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. (c) Official signs may be erected .directing slow moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of • vehicles shall obey the direction of every such sign. Section 33: Following Too Closely: The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condi- tions of the highway. Section 34: Driving on Divided Highways: i7henever any highway has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated driving section so constructed as to impede vehi- cular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority. ARTICLE V: TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING: Section 35: Required Position and Method of Turning at Intersections: The driver of a vehicle intending to turn at an intersection shall do so as follows. (a) Both the approach for right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway. (b) Approach for a left turn from a two-way street into a two-way street shall be made in that portion of the right half of the roadway nearest the center line thereof and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. (c) Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center line where it enters the intersection. A left turn from a one-way street shall be made by entering the intersection as close as practical to the left curb or edge of the roadway by which the intersection is entered and by passing to the right of the center line of the street being entered upon leaving the intersection. (d) Where both streets or roadways are one way, both the approach for a left turn and a left turn shall be made as close as practicable to the left hand durb or edge of the roadway. I (e) The City Engineer in cooperation with the Police Department may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this ordinance be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs. Section 36: Starting Parked Vehicle: No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with safety. Section 37: Turning Movements and Required Signals: (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 35, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with safety. No person shall so turn any vehicle without giving an appropriate signal in the man- ner hereinafter provided in the event any other traffic may be affected by such movement. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100') feet traveled by the vehicle before turning. (c) No person shall stop or suddenly decrease the speed of a vehicle with- out first giving an appropriate signal in the manner provid=gid herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. Section 38:- Signals by Hand and Arm or Signal Device: Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device of a type approved by the Texas Department of Public Safety, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then said signals must be given by such a lamp or lamps or signal device. Section 39: Method ofivin Hand -And -firm Signals: All signals herein re- quired given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: 1. Left turn: Hand and arm extended horizontally. 2. Right turn: Hand and arm extended upward. 3. Stop or decreased speed: Hand and arm extended downward, The signals herein required shall be given either by means of the hand and arm, or by a signal lamp or signal device approved by the department. ® Section 40: Limitations on Turning_ Around: (a) It shall be unlawful for the operator of any vehicle to turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without backing or other- wise interference with other traffic. C� In (b) N complete turn shall not be made at any intersection of any two streets or upon any street or alley in the City of Baytown where the City Council may deter- mine that it is unsafe to make a complete turn and shall, have caused to be posted at such place in the street or alley a sign showing that a complete turn is prohi- bited. Section 41: Emerging from Alley or Private Driveway: The operator of a vehicle emerging from an alley, driveway or building shall stop such vehicle im- mediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway. Section 42: Vehicles Shall Not Be Driven On the Sidewalk: The operator of a vehicle shall not drive or park said vehicle within any sidewalk area except at a permanent or temporary driveway. ARTICLE VI. ACCIDENTS, RECKLESS DRIVING, STARTING PARKED VEHICLE Section 43: Immediate Report of Accident: (a) The driver of a vehicle in- volved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $25.00 or more, shall immediately by the quickest means of communication, either verbal or written, give notice of such accident to the police department if such accident occurs within this City. (b) It shall be unlawful for the driver or any other person to remove such vehicle from the scene of the accident until authorized to do so by a police offi- cer of the police department of this city; provided, however, that the foregoing portion of subsection (b) shall not apply if there exists or arises a duty on the part of such driver or other person in control of such vehicle to use said vehicle in carrying any person injured in said accident to a physician or surgeon for medi- cal or surgical treatment. (c) The police department of this city, acting by any officer of the traf- fic division or the chief of police, may require any driver of a vehicle involved in an accident of which report must be made as provided in this Section, to make supplemental oral or written report whenever the original report is found to be insufficient, or inadequate in the opinion of such officer, and may require wit- nesses of accidents to render reports to said department. (d) Every law enforcement officer, other than members of the Baytown Police Department, and Texas Department of Public Safety who in the regular course of duty investigates a motor -vehicle accident of which report must be made as re- quired in this Section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall, within twenty-four (24) hours after completing such investigation, forward a written report of such accident to the Traffic Division of the Police Department of this city. Every such accident report shall be made on the appropriate form provided by the Traffic Division snd shall contain all of the information required therein unless not available. Such reports shall be without prejudice to the officer so reporting and shall be for the confidential use of the Police Department and the City Traf- fic Engineer. Section 44: When Driver Unable to Report: Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant in the vehicle at the time of the accident capable of making report, such occupant shall make or cause to he made said report Section 45: Driver of Wrecker Trucks Not to Interfere With Police Investi- gation of Accidents: It shall be unlawful for the driver or any person in charge of any vehicle equipped with a crane, hoist, winch, or towing device, who has answered a call to, or is attending the scene of, any collision or accident of one or more vehicles on any highway in this city, to remove or attempt to remove any vehicle involved in such collision or accident, or in any way to interfere with or change the position of any such vehicle, except upon authority or direc- tion and in the presence of a police officer of this city, unless such change is made or attempted for the purpose of releasing a person or persons imprisoned within or under such vehicle involved in such collision or accident, provided fur- ther, that it shall be unlawful for the driver, or person in charge, of any such vehicle equipped with a crane, hoist, winch, or towing device to remove any vehicl from the scene of accident or collision without the consent of the owner of the rQ ® vehicle so removed, unless directed by a police officer to remove such vehicle as a public safety measure or for the protection of private property. Section 46: Accident Involving__ Damage to Vehicle: The driver of any vehi- cle involved in an accident resulting only in damage to a vehicle which is driven by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event re- main at the scene of such accident until he has given his name, address and the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's, commercial operator's, or chauffeur's license to the driver or occupant of or person attending any vehicle collided with. Section 47: Duty Upon Striking Unattended Vehicle: The driver of any vehi- cle which collides with and damages any vehicle which is unattended shall immed- iately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in, or se- curely attached to and plainly visible, the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the strik- ing and a statement of the circumstances thereof, and shall make report of such accident when and as required in Section 43 hereof. • Section 48: Duty U on Striking Fixtures upon a Hi hwa : The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request, and if available exhibit his operator's, commercial operator's or chauffeur's li- cense, and shall :Hake report of such accident when acid as required in Section 43 hereof. Section 49: Garages to Keep Records and Report Damaged Vehicles: The per- son in charge of any garage or repair shop shall keep a record of all damaged vehicles which show evidence of having been involved in an accident or wreck or struck by bullets. This record shall be available for police inspection and shall show the name of the driver or person in charge of the vehicle, the license number, model and type of same, a description of damage of vehicle and the date brought in for repair. Section 50: Reckless Driving: Every person who drives any vehicle in wil- ful or wanton disregard of the rights or safety of others or without due caution or circumspection, and at a speed or in a manner so as to endanger or be likely ® to endanger a person or property shall be guilty of reckless driving. ARTICLE VII. TRAFFIC AND PEDESTRIAN 'SIGNALS Section 51: Traffic -Control Signal Legend: Whenever traffic is controlled by traffic -control signals exhibiting the words "Go", "Caution", or "Stop", or exhibiting different colored lights successfully one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green alone or "Go." (1) Vehicular traffic facing the signal, except when prohibited under the provisions of this ordinance may proceed straight tElrough or turn right or left unless a signat at such place prohibits either such turn. But vehicular traffic, including vehicles turni.np right or left, shall yield the right-of-way to other vehicles and to -pedestrians lawfully within the intersection or an adjacent cross- walk at the time such signal is exhibited. (2) Pedestrians facing the signal may proceed across the roadway within airy marked or unmarked crosswalk. ® (b) Yellow alone or "Caution" when shown following the green or "Go" signal. (1) Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited. ti ® (2) Pedestrians facing such signal are thereby advised that there is insuf- ficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. (c) Red alone or "Stop." (1) Vehicular traffic facing the signal shall stop before entering the cross! walk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. (2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. (d) Red with green arrow. (1) Vehicular traffic facing such sigral may cautiously enter the intersec- tion only to make the movement indicated by such arrow but shall yield the right- of-way to pedestrian lawfully within a crosswalk and to other traffic -lawfully us- ing the intersection. (2) No pedestrian facing such signal shall enter the roadway unless he can ® do so safely and without interfering with any vehicular traffic. (e) In the event an official traffic -control sign or device 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 pave- ment 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. Section 52: Pedestrian Walk and Wait Signa s: Whenever special pedestriai- control signals exhibiting the word "Walk" or "Wait" are in place such signals shall indicate as follows: (a) Walk: Pedestrian facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles. (b) Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing. Section 53: Flashing Signals: Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows: (1) Flashing Red (Stop Signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to pro- ceed shall be subject to the rules applicable after making a stop at a stop sign. (2) Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the inter- section or past such signal only with caution. Section 54: Display or Unauthorized Signals or Markings: (a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, or 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, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial ® advertising. This shall not be deemed to prohibit the erection upon private pro- perty adjacent to highways or signs having useful directional information and of a type that cannot be mistaken for official signs. (b) Every such prohibited sign, signal, or marking is hereby declared to be a pubic nuisance and the Chief of Police is hereby empowered to remove the same or cause it to be removed without notice. Section 55: Interference with Official Traffi-_-Control Devices or Railroad Signs or Signals: No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic -control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof. ;ARTICLE VIII. PEDESTRIANS' RIGHTS AND DUTIES Section 56: Pedestrians Subject to Traffic Regulations: (a) Pedestrians shall be subject to traffic control signals at intersections as provided in this ordinance, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article. (b) Pedestrians shall strictly comply with the directions of all official traffic control signals in the City of Baytown and it shall be unlawful for any pedestrian to cross any street or roedway in the fire limits of the City of Bay- town except in a designated cross walk. Section 57: Pedestrians' Right -Of -Way in Crosswalks: (a) When traffic - control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driv- er of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Section 58: Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked cross- walk. Section 59: Drivers to Exercise Due Case: Notwithstanding the foregoing provisions of this ;article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by ® sounding the horn when necessary and shall exercise proper precaution upon observ- ing any child or any confused or incapacitated person upon a roadway. Section 60: Pedestrians to Use a Right Half of Crosswalk: Pedestrians shall move, whenever possible upon the right half of crosswalk. Section 61: Pedestrians on Roadways: (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when possible walk only on the left side of the roadway, or its shoulder facing traffic which may approach from the opposite direction. (c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. ARTICLE IX: PARKING REGULATIONS Section 62: Parallel Parking: It shall be unlawful to park any character of vehicle upon any street, except as provided in this ordinance, in any other manner than that the said vehicle shall be parallel with the street upon which it ® is parked and upon the right side thereof, determined by the way said vehicle is headed, and parked so that the wheels on the right hand side of said vehicle shall be within eighteen (18") inches of the curb or edge of the roadway. Section 63: Angle Parking: It shall be lawful to park vehicles at an angle not greater than 45 degrees to the line of traffic at such places in the City of Baytown as the City Council shall by resolution determine that angle parking shall be permitted and shall cause the same to be marked or signed;. and in all places where sidewalks have been set back and provisions made for parking vehicles across /a "All An • or inside of the usual curb line on any street in the City of Baytown. In leaving said angle parking space cars shall not be backed into the traffic lane any further than necessary to get straightened out and faced in the proper direction for traf- fic between said space and center of the street. Section 64: No person shall allow, suffer or permit any vehicle registered in his name to stand or be parked in any street in the City of Baytown in violation of any of the ordinances of this City regulating the standing or parking of vehicles Section 65: Restricted Parking: (a) No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compli- ance with law or directions of a police officer or traffic -control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within fifteen (15') feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty (20') feet of a crosswalk at an intersection; (7) Within thirty (30') feet upon the approach to any flashing beacon, stop sign, or traffic -control signal located at the side of the roadway; (8) Between a safety zone and the adjacent curb or within thirty (30') feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (9) Within fifty (50') feet of the nearest rail of a railroad crossing; (10) Within twenty (20') feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75') feet of said entrance (when properly signposted); (11) Alongside or opposite any street excavation or obstruction when stop- ping, standing or parking would obstruct traffic; (12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (14) ;;t any place where official signs prohibit stopping; (15) In any alley. (b) No per-son'shall move a vehicle not lawfully under b -is. con,trol.Jvto any such prohibited area or away from a curb such distance as is unlawful. ARTICLE X. - SPECIAL. STOPS RCQUZRED Section 66: Authority to -Erect Stop _Si ns: There may be installed at such points on streets and avenues in the City of Baytown, as may be directed by the City Council, appropriate signs notifying drivers of vehicles to come to a full stop. Sugh signs, devices or marks are to bear the word "STOP" and to be locat,-(� in such position and to be provided with letters of a size to be clearly legibic from a distance of at least one hundred (100') feet along the street upon whien the sign is placed. All such signs shall be illuminated at night or so placed as to be illuminated by street lights or by the headlights of approaching motor vehicles. Whenever any such sign has been created it shall be unlawful for the driver or operator of any vehicle to fail to stop in obedience thereto. The op- erator of any vehicle who has come to a full stoo as required above shall be sub- ject to the usual right-of-way prescribed by law. Section 67: Emerging from Alley or Private Driveway: The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle im- mediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway, yielding the right-of-way to any pedestrian as may be neces- sary to avoid collision, and upon entering the roadway shall yield the right-of- way to all vehicles approaching on said roadway. Section 68: Stop When Traffic Obstructed: No driver shall enter an inter section or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating with- out obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic, control signal indication to proceed. E LJ • ARTICLE XI. - MISCELLANEOUS DRIVING RULES Section 69: Unattended Motor Vehicle: No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, and effectively setting the brake thereon, and, when standing upon any grade, turning the front wheels to the curb or side of the highway. Section 70: Following Fire_ Apparatus Prohibited: The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500') feet or drive into or park such vehicle within the block where the fire apparatus has stopped to answer a fire alarm. Section 71: Crossing Fire Hose: No driver of any vehicle shall drive over an unprotected hose of a fire department when laid dawn on any street or private driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command. Section 72: Putting Glass Etc. on Highway Prohibited: No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such highway. Section 73: Removing Materials from Highway: (a) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (b) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Section 74: Overtaking and Passing Sc;:ool Bus: (a) The driver of a vehi- cle upon a highway outside of a business or residence district upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle immediately before passing the school bus but may then proceed past such school bus at a speed which is prudent, not exceeding i:en (10) miles per hour, and due caution for the safety of such children. (b) All vehicles used for the transportation of pupils to and/or from any school or college shall have a sign on the front and rear and on each side of said ID vehicle, showing the words "School Bus" and said words shall be plainly readable in letters not less than eight (8") inches in height and the words "School Bus" shall be removed or covered when the vehicle is not in use as a school bus. Section 75: Mufflers. Prevention of Noise: (a) 'Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant op- eration to prevent excessive or unusual noise and annoying smoke and no person shall use a muffler, cut-out, by-pass, or similar device upon a motor vehicle on a highway. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. Section 76: Driving Through Funeral or Other Procession: No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when sucl; vehicles are conspicuously de- signated as required in this ordinance. This provision shall not apply at inter- sections where traffic is controlled by traffic -control signals or police officers. Section 77: Drivers in a Procession: Each driver in a funeral or other n procession shall drive as near to the right hand edge of the roadway,as practical V and shall follow the vehicle ahead as close as is practical and safe. Section 76: Funeral Processions to be Identified: A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division. • old Section 79: When Permits Required for Parades and Processions: No funeral, processions, or parade containing 200 or more persons or 50 or more vehicles, ex- cepting the forces of the United States Army or Navy, the military forces of this State, and forces of the Police and Fire Department, shall occupy, march, or pro- ceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply. Section 80: Limitations on Backing: The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without in- terfering with other traffic. Section 81: Riding On Motorcycles_: A person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto or carry any other person nor shall any other person ride upon such motorcycle other than upon a firmly attached seat to the rear or side of the operator. Section 82: Clinging to Moving Vehicle: Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle shall not attach the • same or himself to any moving vehicle upon any roadway. Section 83: Pedestrians Soliciting Rides: It shall be unlawful for any person to stand in a roadway for the purpose of soliciting a ride from the opera- tor of any private vehicle. Section 84: Blind Pedestrians: (a) For the purpose of preventing traffic accidents on the public streets of the City of Baytown, it shall be unlawful for any person, except persons wholly or partially blind, to carry or use on the pub- lic streets of the City of Baytown any cane or walking stick which is white in co- lor, or white with red end. A cane or walking stick may be used on the streets and other public places of the City of Baytown by a person wholly or partially blind, as a means of protecting him or her from traffic accidents and for the pur- pose of identifying him or her by drivers of vehicles and operators of motor driven vehicles and pedestrians, with whom such persons may come in contact on said streets and public places. (b) Any driver of a vehicle, operator of a motor driven vehicle, or pedes- trian, who approaches or comes in contact with a person wholly or partially blind and carrying a cane or walking stick white in color, or white with red end, shall immediately come to a full stop and take such other precautions, before proceeding, as may be necessary to avoid accident or injury to the person carrying such cane • or walking stick. (c) Any person other than a person wholly or partially blind, who shall carry a cane or walking stick white in color, or white with red end, or who shall fail to come to a full stop when approaching or coming in contact with a person wholly or partially blind and carrying a cane or walking stick white in color or white with red end, or who shall fail to take such precautions before proceeding as may be necessary to avoid accident, or injury to a person carrying a cane or walking stick, white in color or white with red end, shall be guilty of a misde- meanor. Section 85: Driving Throu h Gasoline Station: It shall be unlawful for any person operating an automobile or other gasoline propelled vehicle to drive same into or through any garage or gasoline station in the City of Baytown without coming to a'full stop while in such garage or gasoline station. Section 86: Disolaying Advertising: It shall be unlawful for anyone to op- erate any vehicle on any street within the corporate limits of the City of Baytown for the primary purpose of displaying advertising. Section 67: Opening of Vehicle Doors: It shall be unlawful for the owner, operator or any other person to open the door of a vehicle or to step from a parked vehicle into a roadway or sidewalk in such a manner as to interfere with or impede the progress of any vehicle or pedestrian. Section 88: Penalty: any person, firm or corporation violating any provi- sions of this ordinance or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any Sum not less than Ten ($10.00) Dollars and not more than Two Hundred ($200.00) Dollars. • • /d IT IT • Section 89: Repealing Clause: All ordinances or Parts of ordinances incon- sistent with the terms of this ordinance are hereby repeated; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all oth- er respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 90: Savings Clause: If any provision, exception, section, subsec- tion, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held uncon- stitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 91: Effective Date: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby di- rected to give notice hereof by causing the caption of this ordinance to be pub- lished in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a ajori y of the City Council of the City of Baytown, on this the day of , 1960. ATTEST: Edna Oliver, City Clerk • U R. H. Pruett, Mayor