Ord. 1587 2019-12-16 ORDINANCE NO. 1587
An ordinance of the city council of the City of Pearland, Texas,
repealing Chapter 29, TRAFFIC, of the City of Pearland Code of
Ordinances in its entirety and adopting a new Chapter 29, TRAFFIC;
having a savings clause, a severability clause, and a repealer
clause; and providing for codification and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 29, TRAFFIC, of the City of Pearland Code of
Ordinances, is hereby repealed in its entirety and a new Chapter 29, TRAFFIC, is
adopted to read as follows:
"ARTICLE I. — In General
Sec. 29-1. Definitions.
Terms used herein shall have the meanings ascribed to them in the Texas
Transportation Code. If the term is not defined herein or in the Texas Transportation
Code, it shall have its commonly understood meaning.
Funeral cortege means two (2) or more vehicles accompanying the body or the
remains of a deceased person, including a funeral lead vehicle or a funeral escort
vehicle.
Motor vehicle escort agency shall mean any person engaged in the business of
furnishing motor vehicle escorts for hire which employs one (1) or more persons as
employees, assistants, clerks, or police escorts.
Peel out:The practice of any motor vehicle applying a sudden burst of power,
recognized by a spinning wheel or wheels and noise of tires on the surface of the
roadway.
Procession or parade: A group of pedestrians or vehicles standing or moving on
a street, having a common destination, purpose, or direction, and acting under a valid
City permit.
Skidding: The act of stopping or turning too quickly and characterized by the loss
of traction of wheels to the ground, marking and/or the noise of tires rubbing against the
roadway.
Sec. 29-2. Culpable Mental State.
It is the express intention of the City Council of the City of Pearland to dispense
with the requirement of proof of a culpable mental state in the prosecution for the
ORDINANCE NO. 1587
violation of any section in this chapter, unless said section expressly requires a culpable
mental state.
Sec. 29-3. City's traffic policy adopted by reference.
The most recent version of the City of Pearland Traffic Policy is hereby adopted
by reference as if fully set out herein. A copy of the traffic policy shall be maintained and
kept on file in the office of the city secretary.
Secs. 29.4 - 29.6. Reserved.
ARTICLE II. — Miscellaneous
Sec. 29-7. Use of roller skates, toys and similar devices restricted.
No person upon roller skates or riding in or by means of any coaster, skate
board, toy vehicle, whether motorized or not, or other similar device shall go upon any
roadway except while crossing a street on a crosswalk. When so crossing, such person
shall be granted all the rights and shall be subject to all the duties applicable to
pedestrians.
Sec. 29-8. Clinging to moving vehicle.
It shall be unlawful for any person traveling upon any motorcycle, bicycle,
coaster, sled, roller skates or any toy vehicle to cling to or attach himself or his vehicle to
any moving vehicle upon any roadway.
Sec. 29-9. Off-road operation of motor vehicles.
(a) It shall be unlawful for any person to operate a motor vehicle on another's
property within the City of Pearland, except upon a public roadway, without
having in said person's possession written permission to do so from the record
owner of said property notarized by a public notary of Texas.
(b) This section shall not apply to an agent, employee, or contractor of a public utility
or the federal, state, or local government in the lawful execution of his duties, or
of a contractor performing work at the request of the property owner or occupant.
Sec. 29-10. Motor assisted scooters, pocket bikes and minimotorbikes use
prohibited minors.
(a) It shall be unlawful for a child under the age of seventeen (17) to operate or ride
as a passenger on a motor assisted scooter, pocket bike or minimotorbike on any
sidewalk, right-of-way, roadway, street or highway, including private roads, within
the City of Pearland
(b) It shall be unlawful for a parent or legal guardian of a child under the age of
seventeen (17) to knowingly, recklessly, or with criminal negligence allow said
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child operate or ride as a passenger on a motor assisted scooter, pocket bike or
minimotorbike on any sidewalk, right-of-way, roadway, street or highway,
including private roads, within the City of Pearland.
Sec. 29-11. "Peeling out" and/or "Skidding" prohibited.
Any driver of any motor vehicle who shall willfully cause such vehicle to "peel
out" or"skid" shall be deemed guilty of a misdemeanor.
Sec. 29-12. Operation of dangerous vehicles.
It shall be unlawful for any person to operate any vehicle within the city which is
mechanically defective or dangerous in any way that would endanger the life or property
of others.
Sec. 29-13. Racing prohibited.
Any person who shall race or engage in a contest for speed between motor
vehicles of any kind upon any public street or alley within the city shall be deemed guilty
of a misdemeanor. The fact the actual speed attained by any vehicle engaged in racing
or a contest for speed is less than the prima facie legal speed limit shall be no defense
to a complaint of racing or engaging in a contest for speed in violation of this section.
Sec. 29-14. Impoundment of standing or parked vehicles—Generally
(a) Any vehicle which shall be or remain standing or parked upon any public street,
avenue, way, alley or other public place may be removed by or upon order of a police
officer, and placed in storage in a privately-operated garage or other place designated or
maintained by the city under the following circumstances:
(1) When any vehicle is found to have been stolen or complaint has been filed
and a warrant issued thereon charging that such vehicle has been stolen or
converted in violation of law.
(2) When any police officer of the city has reasonable grounds to believe that any
vehicle has been abandoned.
(3) When a police officer arrests any person driving or in control of a vehicle.
(4) When a vehicle is so disabled that its normal operation is impossible or
impractical and the persons in charge of the vehicle are incapacitated by reason of
physical injury or other causes to such an extent as to be unable to provide for its
removal or custody or cannot be found or are not in the immediate vicinity of such
vehicle.
(5) When such vehicle is left unattended upon any bridge, viaduct or causeway,
or in a tunnel or tube and constitutes an obstruction to traffic.
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(6) When any such vehicle is parked so as to block the entrance to any driveway.
(7) When any vehicle constitutes a hazard or interferes with the normal function of
a governmental agency, or by reason of any catastrophe, emergency or unusual
circumstance the safety of the vehicle is imperiled.
(8) When any vehicle is left standing or parked unattended for more than forty-
eight (48) hours in violation of any applicable section of this Code, state law or city
ordinances, rules or regulations; provided, however, that in the event such vehicle is
parked or standing immediately in front of or immediately adjacent to property
owned by the owner of such vehicle, or property rented by such owner, before such
vehicle shall be removed, the owner thereof shall be given written notice after the
expiration of forty-eight (48) hours and shall be given an additional twenty-four (24)
hours to remove or cause to be removed such vehicle. Such written notice may be
given by depositing the same in the United States mail, addressed to the owner at
the address given on the registration receipt of the vehicle or his last known
address.
(b) In order to obtain possession of a vehicle stored under the provisions of this
section, the claimant must produce satisfactory evidence of ownership or right to
possession within thirty (30) days from the date of such storage and, in addition thereto,
must pay all charges for storage and removal of such vehicle in addition to any fine.
(c) If a vehicle removed under this section is not claimed within thirty (30) days from
the date of storage, the same may be sold by the city or the garage where the same is
stored for storage charges as provided by law.
Sec. 29-15. Same—Liability of city.
The provisions of section 29-14 shall not be construed to relieve from or lessen the
responsibility of any person who shall leave his vehicle parked on the streets of the city
in such a manner that the same may be impounded; nor shall the city be held as
assuming any such liability by reason of impounding or causing to be impounded such
vehicle.
Sec. 29-16. Parking for certain purposes.
No person shall park a vehicle upon any street in the city for the principal purpose
of:
(a) Displaying such vehicle for sale;
(b) Washing, greasing or repairing such vehicle, except repairs necessitated by an
emergency;
(c) Advertising, except as otherwise permitted by law.
Sec. 29-17. Parking in alleys.
No person shall park a vehicle within an alley in such a manner or under such
conditions as to leave available less than ten (10) feet of the width of the roadway for the
free movement of vehicular traffic, and no person shall stop, stand or park a vehicle
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within an alley in such position as to block the driveway entrance to any abutting
property.
Sec. 29-18. Standing or Parking for more than seventy-two hours prohibited.
It shall be unlawful for the owner or operator of any vehicle to allow, cause or permit
such vehicle to remain standing or parked on any street, alley, avenue or public way,
within the city, for more than seventy-two (72) hours continuously.
Sec. 29-19. Parking of vehicles over twenty-five feet in length prohibited.
It shall be unlawful for any person to park any commercial motor vehicle, trailer or
combination thereof which exceeds twenty-five (25) feet in length on any street, alley or
other public way of the city for more than six (6) hours. It shall be unlawful for any person
to park any non-commercial vehicle, trailer, or combination thereof which exceeds
twenty-five (25) feet in length on any street, alley, or other right of way of the city for
more than twenty-four (24) hours. For purposes of this section, a commercial motor
vehicle is defined as in Texas Transportation Code 548.001 or any subsequent version
of that law.
Sec. 29-20. Putting rubbish or hazardous material on streets.
(a) No person shall throw or cause to be put any glass, nails, wire, cans or any other
substance likely to cause injury or damage to any person, animal or vehicle upon any
highway or street.
(b) Any person who drops or permits to be dropped upon any highway or street any
destructive or injurious material shall remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway or street shall
remove any glass or other injurious substance dropped upon the highway from such
vehicle.
Sec. 29-21. Riding on portion of vehicle not intended for passengers.
It shall be unlawful for any person to ride on any vehicle upon any portion thereof
not designated or intended for the use of passengers when the vehicle is in motion. This
provision shall not apply to an employee engaged in the necessary discharge of duty, or
to persons riding within truck bodies in space intended for merchandise.
Sec. 29-22. Boarding or disembarking from vehicles.
It shall be unlawful for any person to board or disembark from any vehicle while
such vehicle is in motion.
Sec. 29-23. Crossing Property prohibited.
It shall be unlawful for any person to drive a vehicle over any sidewalk area and
through any driveway, parking lot or any business entrance, except for the purpose of
coming to a complete stop to obtain or render some service or make a sale or purchase.
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It is the intention of this section to prohibit driving a vehicle from one street to another by
crossing any sidewalk and/or driveway and/or through any driveway or parking lot to
avoid traffic or other conditions of a public roadway.
Sec. 29-24. Driving through procession or parade prohibited.
It shall be unlawful for the driver of any vehicle to drive between vehicles comprising
a funeral procession or other authorized parade, provided that such vehicles are
conspicuously so designated. This provision shall not apply to intersections where traffic
is controlled by traffic control signals or police officers.
Sec. 29-25. Unlawful to interrupt.
It shall be unlawful for any vehicle or person to interrupt, enter or otherwise disrupt the
free movement of a parade or procession unless specifically directed to do so by an
official law enforcement officer.
Secs. 29.26 — 29.35. Reserved.
ARTICLE III. - Truck Traffic.
Sec. 29-36. Load limits and oversized vehicles.
(a) It shall be unlawful for any person to operate any commercial motor vehicle over,
on, or upon any public street or right-of-way in the City of Pearland, Texas, other than
state-owned or maintained highways, which has a gross weight in excess of one (1) or
more of the following limitations:
(1) The total gross weight for which the commercial motor vehicle is licensed with
the State of Texas; or
(2) Twenty thousand (20,000) pounds per single axle as defined in the Texas
Transportation Code (hereinafter, the "code").
(3) Thirty-four thousand (34,000) pounds per tandem axle as defined in the code.
(4) Recyclable/solid waste trucks operated in compliance with Chapter 622 of the
code; or
(5) Ready mix concrete trucks operated in compliance with Chapter 622 of the
code; or
(6) Eighty thousand (80,000) pounds gross vehicle weight.
(b) Commercial motor vehicles operating in compliance with Chapter 623 of the code
shall be authorized to have additional weight permitted as described in the code.
(c) Commercial motor vehicles requiring an oversize (height or width) permit from the
State of Texas shall obtain a permit from the city if the vehicle will be operated on a city-
maintained roadway or on a roadway for which traffic is managed by city-maintained
traffic control devices. The permit, or copy thereof, shall be carried in the vehicle and
made available, on demand by any police officer, for verification that the vehicle is
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operating on a city-approved route. The permit may be obtained from the Director of
Engineering and Capital Projects or his/her designee. Permit holders and their
designees, including drivers of oversize vehicles, are responsible for safe operation of
oversize commercial vehicles within city limits. Failure to obtain this permit prior to
operating an oversize vehicle on the roadways described above is a violation of this
chapter.
Sec. 29-37. Permits.
The city may issue a permit for the travel of commercial vehicles over city streets or
state highways within the City of Pearland with loads in excess of the load limits
provided in section 29-36 of this chapter, but only when it is impossible or impractical to
reduce the weight of the load or use a vehicle capable of hauling the load within the
prescribed limit. Such permit shall be issued for only one (1) day and for only one (1) trip
by each vehicle. The city shall determine the route of travel of said vehicle and the
permit shall specify the date of the trip, the license plate number of the vehicle, and the
route of travel. The permit applicant, prior to issuance of a permit, shall pay a permit fee
in an amount described by the City's fee schedule. The permit, or copy thereof, shall be
carried in the vehicle and made available, on demand by any police officer, for
verification that the vehicle is operating on a city-approved route.
(a) The limitation on weight prescribed by section 29-36 of this chapter shall not
apply to road construction and maintenance machinery operated on a street by
the city or other governmental entity, or any contractor operating such
machinery in the performance of a contract with the city or other governmental
entity. In the event the machinery described by this section exceeds the weight
limits of section 29-36, the person in charge thereof shall first obtain a permit
from the department that designates the route, including streets and bridges,
over which the machinery will operate.
(b) Any person operating a vehicle or machinery that exceeds the weight limits
contained in this chapter shall be liable to the city for any damage to city
infrastructure resulting from such operation. The applicant, prior to issuance of
a permit, shall file a surety bond, issued by a surety company authorized to do
business in the State of Texas, in an amount established by the department, to
guarantee the restoration of any damage to city infrastructure resulting from the
operation of the permitted vehicle in the city.
Sec. 29-38. Truck routes.
All commercial motor vehicles shall confine their travel within the City of Pearland to
the following streets or highways or parts thereof:
(1) State Highway 288, from north city limits to south city limits;
(2) State Highway 35 (Main Street), from north city limits to south city limits;
(3) FM 518 (Broadway Street), from SH 288 to east city limits;
(4) Mykawa Road, from FM 518 (Broadway Street) to north city limits;
(5) McHard Road, from State Highway 35 (Main Street) to Mykawa Road;
(6) FM 1128 (Manvel Road) from FM 518 (Broadway Street) to south city limits;
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(7) FM 2234 (Shadow Creek Parkway) from State Highway 288 west to FM 521
(Almeda Road);
(8) FM 865 (Cullen Road) from FM 518 (Broadway Street) to north city limits;
(9) Dixie Farm Road, from north city limits to State Highway 35.
Each commercial route shall be clearly marked as a truck route at its intersection
with the city limits, at each intersection with other truck routes, and at such other
locations along its course as shall be deemed necessary by the city, to adequately
designate it for commercial motor vehicle travel. The city shall keep and maintain
accurate maps setting out truck routes and streets upon which commercial vehicle traffic
is permitted. The maps shall be posted on the city's website, maintained on file in the
office of the city secretary, and shall be made available to the public.
Sec. 29-39. Weight limits on specific streets.
No person shall operate a vehicle, with a gross weight in excess of the posted
weight limits or allowable axles, on a city street for which a sign has been posted giving
notice of the limitations.
Sec. 29-40. Periods of loading and unloading.
In the event a commercial vehicle completely or partially loads and/or unloads at a
point which does not lie on a designated truck route, the commercial vehicle may
proceed to and from such points of loading and/or unloading, provided the commercial
vehicle follows the shortest route from a designated truck route to and from each point of
loading or unloading or otherwise as may be specified by the city.
Sec. 29-41. Exceptions.
(a) Emergency vehicles. The operation of emergency vehicles upon any street in the
city.
(b) City vehicles. The operation of commercial vehicles owned or operated by the city
upon any street in the city.
(c) Detoured trucks. The operation of commercial vehicles upon detours established
by the city, provided such commercial vehicle could lawfully be operated upon the
street for which such detour is established.
(d) Local operations. Any commercial vehicle traveling to and from its base of
operation or storage not located on a designated truck route, provided the base of
operation or storage is located on a non-truck route. For purposes of this article, a
landfill shall be considered the base of operation for commercial vehicles traveling to
or from its location.
Secs. 29.42 —29.45. Reserved.
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ARTICLE IV. - Funeral Escorts.
Sec. 29-46. Motor vehicle escort service not mandatory.
Nothing contained in this article shall be construed as requiring funeral directors or
any other persons conducting funerals to contract, hire or employ a motor vehicle escort
service to guide or escort any funeral cortege in the city.
Sec. 29-47. Manner of travel of funeral procession.
Funeral corteges traveling with a police escort shall follow instructions of officers
escorting the funeral cortege and if not otherwise instructed by the police escort, shall
obey all traffic laws on all roadways within the city. All vehicles in any unescorted funeral
cortege shall obey all traffic laws on all roadways within the city.
Sec. 29-48. Hours of operation.
A funeral cortege shall not enter or travel upon any roadway between the hours of
7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m., Monday
through Friday. The above restriction shall not apply on a legal holiday.
Sec. 29-49. Authority of guides to direct traffic.
(a) All vehicles in a funeral cortege which are being led by a police escort shall have
the right-of-way over all other vehicles, except authorized emergency vehicles, at
any roadway intersection within the city, and such procession may be escorted
through stop signs or signalized intersections without stopping, but the drivers of
such motor vehicles shall exercise due regard for the safety of all approaching
vehicles, and funeral corteges being escorted hereunder shall be subject at all times
to the control of police officers of the city.
(b) Except for stopping approaching traffic to assist the funeral cortege in making left
turns, a police escort shall not interfere with or stop vehicles approaching from the
opposite direction or force or direct such vehicles to move off the roadway.
Sec. 29-50. Number of police escorts.
Any motor vehicle escort agency that arranges for or supplies police escorts for a funeral
cortege travelling in the city shall arrange for or supply an adequate number of police
escorts to ensure that, except for stopping approaching traffic to assist the funeral
cortege in making a left turn, there is not a need for police escorts to interfere with or
stop vehicles approaching from the opposite direction or force or direct such vehicles to
move off the roadway.
Secs. 29.51 —29.52. Reserved.
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Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of Pearland,
upon passage of such Ordinance. The Ordinance shall then become effective ten (10)
days following its passage.
PASSED and APPROVED on FIRST READING this the 9th day of December,
A.D., 2019.
lY,
Up', GiYYl, � ?1'f-
Als<,
�'' TOM REID
=3 = MAYOR
ATTEST: 111,I,....Hi'1,,;``���``:
L11141,1.6 Glia L44zb-
MARIA ROD IGUEZ
INTERIM CITY SECRETAR
1)7
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ORDINANCE NO. 1587
PASSED and APPROVED on SECOND and FINAL READING this the 16th day
of December, A.D., 2019.
i '! o'' TOM REID
o• ' _
MAYOR
ATTEST: •. %\ .
VOTING RECORD SECOND AND FINAL READING
MARIA E. RODRIGUE T C December 16, 2019
INTERIM CITY SECRETARY Voting"Aye"-Councilmembers Orlando,Little,Carbone,
Hernandez,Moore, Perez,and
Owens
Voting"No"-None.
APPROVED AS TO FORM Motion passes 7 to 0
PUBLICATION DATE December 18,2019
•
EFFECTIVE DATE: December 27,2019
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND,TEXAS
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