This chapter is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the regulation of vehicular traffic. By establishing speed limits within the village, providing for traffic-control devices, and regulating parking in certain areas within the village, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2007-06-01, sec. II, adopted 6/11/07)

Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases which are not defined in this chapter but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this chapter.

Emergency vehicle means police vehicles, animal control vehicles, vehicles of the fire department, ambulances, vehicles carrying a state, county or municipal officer or employee in response to an emergency call, and emergency vehicles of public service corporations on an emergency call.

Person means an individual, corporation, organization, government agency, business trust, partnership, association, or any other legal entity.

Street means all public streets of the village, and any portions of such streets.

Traffic-control device means a sign, signal, marking, or device that is installed, placed, erected or used by the village and is used to regulate, warn, guide, direct or control traffic within the village.

Vehicle means a device that can be used to transport or draw persons or property on a street, including but not limited to a moped, power-driven bicycle, motorcycle, motor scooter, automobile, truck, golf cart, tractor, and all-terrain vehicle. The term does not include:

1. A device exclusively used on stationary rails or tracks; or
2. Manufactured housing as that term is defined by the Texas Manufactured Housing Standards Act.

Village limits means the municipal boundaries (i.e., city limits) of the village.

(Ordinance 2007-06-01, sec. III, adopted 6/11/07)

1. Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance.
2. Criminal prosecution. Any person violating any provision of this chapter shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code; provided, however that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day that a provision of this chapter is violated shall constitute a separate offense.
3. Civil remedies. Nothing in this chapter shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this chapter or to require specific conduct that is necessary for compliance with this chapter;
   2. A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of this chapter and after receiving notice committed acts in violation of this chapter or failed to take action necessary for compliance with this chapter; and
   3. Other available relief.

(Ordinance 2007-06-01, sec. X, adopted 6/11/07; Ordinance adopting Code)

State law reference–General penalty for violation of rules of the road, V.T.C.A., Transportation Code, sec. 542.401.

1. Exceptions. The driver of an emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm, may exercise the privileges set forth in this section, subject to the conditions stated below:
   1. Park or stand, irrespective of the provisions of this chapter or any village ordinance;
   2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
   3. Exceed the prima facie speed limit as long as life and property are not endangered; and
   4. Disregard regulations governing direction of movement or turning in specified directions.
2. Applicability; lights; duty of care.
   1. The exceptions herein granted shall apply only when emergency vehicles are responding to Code 1, Code 2 or Code 3 emergencies. An emergency vehicle shall be equipped with at least two lighted lamps displaying a red light visible under normal atmospheric conditions from a distance of 500 feet forward. Emergency vehicles operated as a police vehicle or animal control vehicles need not be equipped with or display a red light visible in front of the vehicle.
   2. Nothing in this chapter shall relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all persons or protect the driver from the consequences of his reckless disregard for the safety of others.

(Ordinance 2007-06-01, sec. VIII, adopted 6/11/07)

State law references–Operation of authorized emergency vehicles, V.T.C.A., Transportation Code, ch. 546; permissible conduct, V.T.C.A., Transportation Code, sec. 546.001.

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 village shall conform with the manual and specifications adopted by the state transportation commission as provided in V.T.C.A., Transportation Code, section 544.001. All signs, signals and markings erected or used by the village must conform to the manual and specifications adopted under V.T.C.A., Transportation Code, section 544.001. All existing traffic-control devices and those erected in the future by the village being consistent with the manual and specifications, state law and this section shall be official traffic-control devices. (Ordinance 2007-06-01, sec. V(A), adopted 6/11/07; Ordinance adopting Code)

State law reference–Adoption of sign manual and specifications, V.T.C.A., Transportation Code, sec. 544.001.

The operator of a vehicle shall comply with an applicable traffic-control device placed as provided by this chapter unless the person is:

1. Otherwise directed by a traffic or police officer; or
2. Operating an authorized emergency vehicle and is subject to exceptions under this chapter.

(Ordinance 2007-06-01, sec. V(B), adopted 6/11/07)

State law reference–Compliance with traffic-control device, V.T.C.A., Transportation Code, sec. 544.004.

A provision of this chapter requiring a traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person. A provision of this chapter that does not require a traffic-control device is effective regardless of whether a device is in place. (Ordinance 2007-06-01, sec. V(C), adopted 6/11/07)

State law reference–No enforcement against alleged violator if traffic-control device not in proper position or sufficiently legible, V.T.C.A., Transportation Code, sec. 544.004(b).

It shall be unlawful for any person, without village authority, to alter, injure, knock down, or remove, or attempt to alter, injure, knock down, or remove:

1. A traffic-control device;
2. An inscription, shield, or insignia on a traffic-control device; or
3. Any other part of a traffic-control device.

(Ordinance 2007-06-01, sec. V(D), adopted 6/11/07)

State law reference–Interference with traffic-control devices or railroad signs or signals, V.T.C.A., Transportation Code, sec. 544.005.

1. It shall be unlawful for any person to place, maintain, or display on or in view of a street an unauthorized sign, signal, marking, or device that:
   1. Imitates or resembles a traffic-control device;
   2. Attempts to direct the movement of traffic; or
   3. Hides from view or hinders the effectiveness of a traffic-control device.
2. It shall be unlawful for any person to place or maintain on a street, and a public authority may not permit on a street, a traffic-control device bearing commercial advertising.
3. It shall be unlawful for any person to place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the state transportation commission or its successor agency.
4. This chapter does not prohibit a person from placing on private property adjacent to a street a sign that gives useful directional information and that cannot be mistaken for an official village sign. Such signs must be in accordance with applicable village regulations or ordinances.
5. A sign, signal, marking, or device prohibited under this chapter is a public nuisance, and the mayor, or the mayor’s designee, is hereby empowered to remove the same or cause it to be removed without notice.

(Ordinance 2007-06-01, sec. V(E), adopted 6/11/07)

State law reference–Display of unauthorized signs, signals or markings, V.T.C.A., Transportation Code, sec. 544.006.

1. The mayor, or the mayor’s designee, shall determine the installation or erection of all traffic-control devices. Such devices shall be installed immediately, or as soon as they can be procured. The village shall not place or maintain a traffic-control device on a highway under the jurisdiction of the state department of transportation without that department’s permission.
2. The mayor shall, by written authorization, approve the installation of all traffic-control devices. Such authorization shall be filed with the village secretary, stating the type of device and its location.

(Ordinance 2007-06-01, sec. V(F), adopted 6/11/07)

Any traffic-control device actually in place shall constitute prima facie evidence that the same was installed by the village pursuant to the authority of this chapter. (Ordinance 2007-06-01, sec. V(G), adopted 6/11/07)

1. Reasonable, Prudent Rule. It shall be unlawful for any person to operate or drive a vehicle on a street within the Village at a speed greater than is reasonable and prudent under the circumstances then existing. The limits specified in this Section shall be lawful, but any speed in excess of the limits specified in this Ordinance shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.
2. General Limit. It is hereby determined, pursuant to section 545.356(b-1) of the Texas Transportation Code, that the maximum speed limit on all streets within the Village is 25 miles per hour, except as otherwise provided by ordinance, state law, or regulation and indicated by signs erected designating another speed. This speed limit is hereby determined and declared to be reasonable and safe.
3. Effective. The maximum speed limits herein designated are not effective until speed limit signs are erected. Once erected, the prima facie maximum speed limited established in this Ordinance for all streets within the Village shall be effective at all times.
4. Placement of Signs. The Mayor, or the Mayor's designee, shall erect or install and maintain any and all speed limit signs giving notice of the maximum speed limit as established in this Ordinance. Such signs shall be installed immediately, or as soon as they can be procured. The mayor shall, by written authorization, approve the installation of all speed limit signs. Such authorization shall be filed with the Village Secretary, stating the location of each such sign.
5. Penalties And Enforcement.
   1. Any person violating any provision of this Ordinance, upon conviction, shall be fined and ordered to pay court cost. A violation of this Ordinance shall constitute a Class C Misdemeanors, subject to fines up to $500.00, per violation.
   2. The Village shall have the power to administer and enforce the provisions of this Ordinance as may be required by governing law. Any person violating any provision of this Ordinance is subject to suit for injunctive relief as well as prosecution for criminal violations, and any other available relief.

(Ordinance 2007-06-01, sec. IV, adopted 6/11/07)

State law references–Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation Code, sec. 542.202(12); speed restrictions, V.T.C.A., Transportation Code, sec. 545.351 et seq.

Parking vehicles, recreational vehicles, boats, and/or trailers is prohibited on all streets in the village. This restriction is due to the narrow width of the streets, which do not permit safe passage of traffic flow under existing conditions, and due to the need for emergency vehicles to have unimpeded access to properties in the village. (Ordinance 2007-06-01, sec. VI, adopted 6/11/07)

Parking vehicles, recreational vehicles, boats, and/or trailers is prohibited on all unimproved portions of the street rights-of-way in the village. This restriction is due to the village’s need to be able to access the unimproved right-of-way area, to ensure the safety of drivers navigating village streets, and to ensure the safety of pedestrians approaching the street curb area. Vehicles parked in violation of this section for more than seven calendar days are subject to the enforcement section of this chapter. (Ordinance 2007-06-01, sec. VII, adopted 6/11/07)

This article is adopted so that the village council may promote public health, public interest, safety, and general welfare within the village limits through the regulation of vehicular traffic. By providing for the regulation of golf cart usage by minors under the age of 16 and without supervision by a licensed driver, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2009-09-01, sec. II, adopted 9/14/09)

Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.

Golf cart means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course as defined by section 502.001 of the Texas Transportation Code. This term does not include “all-terrain vehicles,” “three-wheelers” or other motorized vehicles that, while similar in size to golf carts, were not designed for transporting persons on a golf course.

License means an authorization issued by a state agency for the operation of a motor vehicle. The term includes an occupational license, a temporary license, an instruction permit, and a commercial driver’s license.

Licensed driver means a person who holds a valid driving license issued by the State of Texas or other state of the United States.

Street means all public streets or roads of the village, and any portions of such streets or roads.

Village limits means the municipal boundaries (i.e., city limits) of the village.

Youth or minor means any person under the age of 16 who is not licensed to operate a motor vehicle on a public street.

(Ordinance 2009-09-01, sec. III, adopted 9/14/09)

1. Any person violating any provision of this article, upon conviction, shall be fined and ordered to pay court cost. A violation of this article shall constitute a class C misdemeanor, subject to fines in accordance with the general penalty provided in section 1.01.009 of this code, per violation.
2. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations, and any other available relief.

(Ordinance 2009-09-01, sec. V, adopted 9/14/09; Ordinance 2018-04-01, sec. III, adopted 4/11/18; Ordinance adopting Code)

1. Golf carts may be operated on all or part of the public roadways within the corporate boundaries of the village and which have a posted speed limit of not more than 35 miles per hour.
2. Golf carts driven on public roadways shall be operated safely by all individuals at all times and conform to all state and local laws regulating vehicular traffic.
3. No person may operate a golf cart on a public roadway without holding:
   1. A valid Texas driver’s license; or
   2. A valid learner’s permit, as issued by the Texas Department of Public Safety, while a licensed operator, over the age of 18, accompanies the driver in the golf cart.
4. The restrictions in this section shall not apply to private property, including, but not limited to, golf course lanes, trails, and driveways.

(Ordinance 2009-09-01, sec. IV, adopted 9/14/09; Ordinance 2018-04-01, sec. II, adopted 4/11/18)