Sec. 19-2. - Reservation of powers.
Sec. 19-3. - Exercise of police powers.
Sec. 19-4. - Required obedience to traffic ordinance.
Sec. 19-5. - Public employees to obey traffic regulations.
Sec. 19-6. - Persons propelling pushcarts or riding animals to obey traffic regulations.
Sec. 19-7. - Use of coasters, roller skates, and similar devices restricted.
Sec. 19-9. - Vulnerable road users.
Secs. 19-10—19-20. - Reserved.
The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section.
Alley shall mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Ambulance shall mean any privately owned vehicle equipped or used for transporting the wounded, injured or sick.
Authorized emergency vehicle shall mean vehicles of the fire department, police vehicles, public and private ambulances for which permits have been issued by the state board of health, emergency vehicles of municipal departments or public service corporations as are designated or authorized by the governing-body of an incorporated city, private vehicles operated by volunteer firemen or certified emergency medical services volunteers while answering a fire alarm or responding to a medical emergency, and vehicles operated by blood banks or tissue banks, accredited or approved under the laws of this state or the United States, while making emergency deliveries of blood, drugs or medicines, or organs.
Barricade shall mean every barrier, obstruction or block placed upon or across any road, street or highway of this city by an authorized person for the purpose of preventing the passage of motor vehicles over such street, road or highway during a period of construction or during a flood or other emergency.
Boot means a device intended to immobilize a vehicle and designed to attach to the tire or wheel.
Boundary street shall mean a public street which is adjacent to and abutting one (1) or more sides of the proposed site.
Build-out year shall mean the proposed year of completion of the land development project, when its capacity for attracting and producing traffic is maximized.
Central business district shall mean all streets and portions of streets within the area bounded as follows: Beginning at the interchange between Durango Boulevard and I.H. 35 Expressway; thence northward and eastward along I.H. 35 Expressway to I.H. 37 Expressway; thence southward on I.H. 37 Expressway to Durango Boulevard; thence westward along Durango Boulevard to I.H. 35 Expressway the point of beginning.
Commercial motor vehicle shall mean a motor vehicle, other than a motorcycle, designed or used primarily to transport property. The term shall include a passenger car reconstructed and used primarily for delivery purposes, but shall not include a passenger car used to deliver the United States mail.
Controlled-access highway shall mean every highway, street or roadway in respect to which owners or occupants of abutting property or -lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
Crosswalk shall mean:
(1)
That part of a roadway at an intersection included 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;
(2)
Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surfaces.
Decal parking shall mean the duly authorized loading zone parking of a vehicle with a decal parking program sticker or visitor permit prominently displayed in the front window on the driver's side of the vehicle. The time limit for decal parking need not be posted since notice of all rules and regulations applicable to decal parking are provided to decal purchasers. Decal parking includes parking with a visitor permit.
Driver shall mean every person who drives or is in actual physical control of a vehicle.
Driveway shall mean every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
Flashing emergency light shall mean any lamp mounted on an authorized emergency vehicle or ambulance which displays a flashing light visible under normal atmospheric conditions from a distance of five hundred (500) feet from such vehicle.
Intermediate construction phase shall mean on land development projects with multiple phases of construction, there may be several intermediate construction phases which precede the final construction phase. The final construction phase is completed in the build-out year.
Intersections shall mean 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 (2) highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
Laned roadway shall mean a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
Loading zone shall mean that space adjacent to a curb reserved for the exclusive use of commercial vehicles during the loading and unloading of materials and decal parking. Loading zones shall be established only by ordinance, and the city traffic engineer shall designate such zones by the erection and maintenance of signs giving public notice of each loading zone, its hours of enforcement, and the length of parking time allowed, except that decal parking time limits need not be posted.
Moped shall mean a motor-driven cycle whose speed attainable in one (1) mile is not more than thirty (30) miles per hour and that is equipped with a motor that produces not more than two-brake horsepower. If an internal combustion engine is used, the piston displacement may not exceed fifty (50) cubic centimeters and the power drive system may not require the operator to shift gears.
Motorcycles shall mean every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
Motor-driven cycle shall mean every motorcycle with a motor which has an engine piston displacement of not more than one hundred twenty-five (125) cubic centimeters.
Motor vehicle shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
No parking zone shall mean any and all places designated as no parking zones by the traffic engineer and identified as such by appropriate signs.
Occupancy shall mean the presumed level of build out as estimated by the property owner of the proposed development at the later of five (5) years or build out.
Official traffic-control devices shall mean all signs, signals, markings, and devices not inconsistent with this Act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic and includes:
(1)
Traffic control signal which shall mean any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
(2)
Railroad sign or signal which shall mean any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
Owner shall mean a person who holds the legal title of a vehicle. In the event a vehicle is the subject of an agreement for the conditional sale or lease with an option to purchase, and with an immediate right of possession vested in the conditional vendee or lessee, such conditional vendee or lessee shall be deemed the owner for the purpose of this chapter.
Paid-parking zone means both parking meter zones and pay station zones.
Park shall mean the standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actively engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs, or signals or an involuntary stopping of a vehicle by reason of a cause beyond the control of the operator of the vehicle.
Parking meter means a device, other than a pay-and-display station or a pay-by-space station, located at a parking space and intended to receive money for parking. Multiple parking meters may be located on one (1) pole.
Parking meter space means a space for which a parking meter is installed.
Parking meter zone means an area in which parkers must pay a parking meter to park.
Pay station means any electronic device that is either a pay-and-display station or a pay-by-space station. Parking meters are not pay stations.
Pay station zone means an area in which parkers must pay a pay station to park.
Pay-and-display station means an electronic pay station that dispenses a receipt for payment to be displayed as required in section 19-221.
Pay-by-space station means an electronic device serving multiple parking spaces at which a customer enters the number of the space occupied and pays. The station records the space numbers for which payment has been made and for how long payment has been made.
Peak hour trips (PHT) shall mean the number of traffic units generated by and attracted to the proposed development during its heaviest hour of use, dependent on type of use.
Pedestrian shall mean any person afoot.
Phased construction project shall mean any land development project which is developed in greater than a single phase. Such projects are identified by the issuance of permits or approvals of submittals to the city.
Pole trailer shall mean every vehicle with or without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
Police officer shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
Private road shall mean every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner but note by other persons.
Projected traffic shall mean the traffic which is projected to exist on an existing or proposed street, exclusive of site-generated traffic.
Railroad shall mean a carrier of persons or property upon cars, other than street cars, operated upon stationary rails.
Railroad train shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
Recreational vehicle shall mean any motor vehicle, including an oversized motor vehicle, primarily designed as temporary living quarters for recreational camping or travel use including a travel trailer, camping trailer, truck camper, and motor home.
Right-of-way shall mean the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
Road tractor shall mean a vehicle designed for the purpose of mowing the right-of-way of a public highway, or a motor vehicle designed or used for drawing another vehicle or a load and not constructed to carry:
(1)
An independent load; or
(2)
A part of the weight of the vehicle and load to be drawn.
Roadway shall mean that portion of a street or highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two (2) or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
Safety zone shall mean the area or space officially set apart within 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.
School bus shall mean every motor vehicle owned by any private, public or governmental agency and operated for the transportation of children to or from school. Provided, however, that the term "school bus" shall not include motor vehicles which do not conform to the rules, regulations and standards established by the state department of education in regard to color and marking, nor shall it include any vehicle constituting a part of the fleet of any street transportation company serving the public generally.
School crossing zone shall mean that portion of any street or public property which, on the basis of an engineering and traffic investigation, the traffic engineer may designate for the crossing of those attending a school or other institution of learning.
School or other institution of learning shall mean any public or private organization giving regular instruction and having an average daily attendance of fifty (50) students or more.
School zone shall mean each and every street and all public property or ways within one thousand (1,000) feet of the boundaries of any school or other institution of learning.
Semitrailer shall mean a vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.
Sidewalk shall mean that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
Site-generated traffic shall mean vehicular trips attracted to, or produced by, the proposed development site.
Street or highway shall mean 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 traffic.
Study area boundary shall mean the limits of the area in which analysis is conducted or for which information is provided. This area is determined by the property owner or its representative, and agreed to by the city traffic engineer, based on the size of the development and the PHTs projected to be generated by the proposed development. In the case of a level 1 or 2 TIA, this may include the site, and the area within a distance no greater than one-fourth (¼) mile from the boundary of the site. In the case of a level 3 TIA, this area will be determined by the property owner based on sound engineering judgment and agreed to by the city, but in all cases shall be no more than the area contained in a one-mile radius from the site. In those instances where the property owner has neither submitted preliminary plans nor applied for an initial development permit prior to the effective date of this ordinance, the determination of the area to be studied by the property owner must be approved by the city's traffic engineer for all TIA levels, and before granting approval of a level 2 TIA, the city's traffic engineer may require the area of the study to exceed the maximum area prescribed above by one-fourth (¼) mile.
Through highway shall mean every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign or other official traffic-control device, when such signs or devices are erected as provided in this chapter.
Traffic shall mean pedestrians, ridden or herded animals, vehicles, buses, and other conveyances either singly or together while using any street for purposes of travel.
Traffic control device shall mean any electric traffic control signals, stop signs, yield right-of-way signs, and any other such device designed and used to control the movement of traffic.
Traffic-control signal shall mean any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
Traffic engineer shall mean the director of traffic and transportation for the city.
Trailer shall mean a vehicle that:
(1)
Is designed or used to carry a load wholly on its own structure; and
(2)
Is drawn or designed to be drawn by a motor vehicle.
Trip generation summary shall mean a table summarizing the trip generation characteristics of the development for the entire day and the a.m. and p.m. peak periods including the rates and units used to calculate the number of trips. Information on appropriate trip generation rates and procedures may be obtained by contacting the public works department. Institute of Transportation Engineers trip rates will be used unless a better source is identified and is acceptable to the Director of Public Works or his/her designee.
Truck shall mean every motor vehicle designed, used or maintained primarily for the transportation of property.
Truck-tractor shall mean a motor vehicle:
(1)
Designed and used primarily for drawing another vehicle; and
(2)
Not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn.
Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
Warning sign shall mean every sign, signal, marking and device erected or placed upon any street, road, highway or barricade, or erected or placed upon any street, road or highway within the city which is under construction or being repaired for the purpose of regulating, warning or guiding motor vehicular traffic or otherwise stating the conditions under which traffic by motor vehicle may be had upon such street, road or highway. A warning sign shall include, but shall not be limited to a flagman placed upon any street, road or highway for the purpose of directing traffic around or upon such street, road or highway as is under construction or in the process of being repaired.
(Code 1959, §§ 38-1—38-12; Ord. No. 29496, § 1, 5-24-61; Ord. No. 35903, § 1, 11-2-67; Ord. No. 40269, §§ 1, 2, 1-13-72; Ord. No. 41445, § 1, 11-9-72; Ord. No. 42075, § 1, 4-12-73; Ord. No. 45540-A, 7-31-75; Ord. No. 45770, 9-25-75; Ord. No. 63132, 6-26-86; Ord. No. 74210, §§ 4, 5, 8-29-91; Ord. No. 84917, § 1, 10-3-96; Ord. No. 87147, § 1, 12-18-97; Ord. No. 91700, § 1, 4-27-00; Ord. No. 2010-05-06-0387, § 1, 5-6-10)
State law reference— Similar provisions, Vernon's Ann. Civ. St. art. 6701d, §§ 1—20H.
Sec. 19-2. - Reservation of powers.
Nothing in this chapter shall be construed as prohibiting the city from providing for bus stops, for taxicab stands and other matters of similar nature, including the loading or unloading of trucks, vans or other commercial or noncommercial vehicles within the parking meter zones provided for by this article.
(Code 1959, § 38-99)
Sec. 19-3. - Exercise of police powers.
This chapter shall be deemed and construed to be an exercise of the police power of the city for the preservation and protection of the public safety, and all of its provisions be liberally construed with a view to the effectuation of such purpose.
(Code 1959, § 38-100)
Sec. 19-4. - Required obedience to traffic ordinance.
It shall be unlawful for any person to do any act forbidden or fail to perform any act required in this chapter. The penalty for violation shall be as prescribed in section 1-5. Each day of violation shall constitute a separate offense.
(Code 1959, § 38-18)
Sec. 19-5. - Public employees to obey traffic regulations.
The provisions of this chapter shall apply to the driver of any vehicle owned or used in the service of the United States government, this state, county or city, and it shall be unlawful for any said driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state statute.
State law reference— Similar provisions, Vernon's Ann. Civ. St. art. 6701, § 24(j).
Sec. 19-6. - Persons propelling pushcarts or riding animals to obey traffic regulations.
Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter, except those provisions which by their very nature can have no applications.
(Code 1959, § 38-20)
State law reference— Similar provisions, Vernon's Ann. Civ. St. art. 6701d, § 25.
Sec. 19-7. - Use of coasters, roller skates, and similar devices restricted.
(a)
No person upon roller skates, or riding in or by means of any coaster, toy vehicle, 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 the rights and shall be subject to all of the duties applicable to pedestrians.
(b)
The above section does not apply to roadways within city parks.
(Code 1959, § 38-21; Ord. No. 2008-04-17-0317, § 2, 4-17-08)
(a)
It shall be unlawful for a person to stand on a traffic median, shoulder, improved shoulder or sidewalk and solicit, or attempt to solicit, employment, business or charitable contributions from the occupants of any vehicle on a roadway.
(b)
It shall be unlawful for a person to knowingly cause a child ten (10) years of age or younger to stand on a traffic median, shoulder, improved shoulder or sidewalk and solicit, or attempt to solicit, employment, business or charitable contributions from the occupants of any vehicle on a roadway.
(c)
For purposes of this section, the term "cause" shall mean aid, direct, hire, encourage, permit, or allow.
(d)
Violation of any portion of this section constitutes a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).
(e)
Notwithstanding the other provisions of section 19-8 or any other provision in the City Code, a person seventeen (17) years of age or older may solicit employment, business or charitable contributions while standing on a traffic median, shoulder, improved shoulder, sidewalk, or the improved portion of the roadway from occupants of any vehicle on a roadway provided said person wears a florescent orange visibility vest, does not impede traffic, enters or remains in a roadway only while the controlling traffic signal prohibits vehicle movement, and has obtained a permit to do so, or who is a member of an organization which has obtained a permit to do so, from the chief of police.
(f)
Permits may be issued to no person or organization more than once per calendar year for a period of no more than two (2) consecutive days, which days must fall within fifteen (15) days prior to a nationally-recognized holiday, and for no hours other than those between the hours of 9:00 a.m. and one (1) hour before sunset.
(g)
The chief of police shall issue a solicitation permit upon application provided said application states the name and address of the person or organization for whom solicitations are made, the names and addresses of the persons soliciting, the locations at which soliciting will take place, and the times during which the soliciting will take place.
(h)
Permit applications must be accompanied by a fee of two hundred dollars ($200.00) and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at his sole expense, insurance coverage (1) that is written by an insurance company with an A- or better rating by AM Best and that is admitted and licensed to do business in the State of Texas; (2) that is in full force and effect for the duration of the permit period; (3) that provides one million dollars ($1,000,000.00) of liability coverage per occurrence with no deductible; (4) that insures the applicant and all persons who will be soliciting; (5) that names the City of San Antonio, its officers, employees, and elected representatives as an additional insureds; (6) that provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it; (7) that is written on an occurrence basis; and (8) that is otherwise acceptable to, and approved by, the risk manager of the City of San Antonio.
(i)
Notwithstanding the other provisions of §§ 19-8, 16-227, 16-240 or any other provision of the City Code, a person sixteen (16) years of age or older may solicit the sale of newspapers to occupants of motor vehicles from sidewalks, walkways, raised medians, islands and other off-roadway surfaces and may deliver the newspaper to any such occupant who responds to the solicitation in order to complete the sales transaction so long as doing so does not impede traffic flow and provided that such person wears a fluorescent orange visibility vest. The owner and publisher of the newspaper will be responsible for periodically monitoring the activity of any such solicitor under the age of eighteen (18), such monitoring to be done by an agent or employee of the newspaper who is at least twenty-one (21) years of age. Any solicitor under the age of eighteen (18) must have the consent of a parent or adult having custody of the child.
(j)
The owner and publisher of any newspaper distributed pursuant to subsection (i) shall maintain at its sole expense insurance coverage:
(1)
That is written by an insurance company with an A- or better rating by AM Best and that is submitted and licensed to do business in the state;
(2)
That is in full force and effect at any time sales and distribution are being conducted pursuant to subsection (i);
(3)
That provides one million dollars ($1,000,000.00) of liability coverage per occurrence;
(4)
That insures the newspaper and all persons who will be selling and distributing on its behalf;
(5)
That names the city, its officers, employees and elected representatives as additional insures;
(6)
That provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it; and
(7)
That is written on an occurrence basis.
The owner and publisher shall file and keep current a certificate of insurance signed by an agent authorized to bind coverage indicating that the owner and publisher has obtained the aforementioned insurance coverage, with the chief of police.
(Ord. No. 71696, §§ 1—5, 6-7-90; Ord. No. 82745, § 1, 8-31-95; Ord. No. 100823, § 1, 5-5-05)
Cross reference— Peddlers, hawkers, canvassers, and solicitors, § 16-226 et seq.
Sec. 19-9. - Vulnerable road users.
(a)
In this section, a vulnerable road user means:
(1)
A pedestrian, including a runner, physically disabled person, child, skater, highway construction and maintenance worker, tow truck operator, utility worker, other worker with legitimate business in or near the road or right-of-way, or stranded motorist or passenger;
(2)
A person on horseback;
(3)
A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle, handcycle, horse-driven conveyance, or unprotected farm equipment; or
(4)
A person operating a motorcycle, moped, motor-driven cycle, or motor-assisted scooter.
(b)
An operator of a motor vehicle passing a vulnerable road user operating on a highway or street shall:
(1)
Vacate the lane in which the vulnerable road user is located if the highway has two (2) or more marked lanes running in the same direction; or
(2)
Pass the vulnerable road user at a safe distance.
(c)
For the purpose of subsection (b)(2), when road conditions allow, safe distance is at least:
(1)
Three (3) feet if the operator's vehicle is a passenger car or light truck; or
(2)
Six (6) feet if the operator's vehicle is a truck, other than a light truck, or a commercial motor vehicle as defined by V.T.C.A., Transportation Code § 522.003.
(d)
An operator of a motor vehicle that is making a left turn at an intersection, including an intersection with an alley or private road or driveway, shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard.
(e)
An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right-hand turn.
(f)
An operator of a motor vehicle may not maneuver the vehicle in a manner that:
(1)
Is intended to cause intimidation or harassment to a vulnerable road user, or
(2)
Threatens a vulnerable road user.
(g)
An operator of a motor vehicle shall exercise due care to avoid colliding with any vulnerable road user on a roadway or in an intersection of roadways.
(h)
It is an affirmative defense to prosecution under this section that at the time of the offense the vulnerable road user was acting in violation of the law.
(Ord. No. 2010-04-0097, § 1, 2-4-10)