Ord. 1363 2008-09-29ORDINANCE NO. 1363
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS REGULATING THE MANNER OF TRAVEL FOR
FUNERAL PROCESSIONS PROVIDING FOR A PENALTY; PROVIDING
FOR CODIFICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 29, TRAFFIC, of the Code of Ordinances, City of Pearland,
Texas is hereby amended by adding an Article XVII, FUNERAL ESCORTS, which said
chapter reads as follows:
"ARTICLE XVII. FUNERAL ESCORTS
Sec. 29-361. Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Authorized emergency vehicle shall have the meaning ascribed to it by Section
541.201 of the Texas Transportation Code.
Funeral cortege means two or more vehicles accompanying the body or the
cremated remains of a deceased person, including a funeral lead vehicle or a funeral
escort vehicle.
Motor vehicle escort guide shall mean a Texas Certified Police Officer engaged
in the business of furnishing a motor vehicle escort for hire who personally escorts or
guides any funeral cortege.
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 motor vehicle escort guides.
Sec. 29-362. 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.
ORDINANCE NO. 1363
Sec. 29-363. Manner of travel of funeral procession.
Funeral Corteges shall travel as close to the right edge of the roadway as
practical and at a safe and prudent speed. The funeral cortege shall obey all traffic laws
while on a roadway. All vehicles in any unescorted funeral cortege shall obey all traffic
laws on all roadways within the City.
Sec. 29-364. 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. 29-365. Authority of guides to direct traffic.
(a) All vehicles in a funeral cortege which are being led by a motor vehicle escort
guide 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 motor vehicle escort guide shall not interfere with or stop vehicles approaching
from the opposite direction or force or direct such vehicles to move off the roadway.
Sec. 29-366. Number of Motor Vehicle Escort Guides.
Any motor vehicle escort agency that arranges for or supplies motor vehicle
escort guides for a funeral cortege travelling in the City shall arrange for or
supply an adequate number of motor vehicle escort guides to ensure that, except
for stopping approaching traffic to assist the funeral cortege in making a left turn,
there is not a need for motor vehicle escort guides to interfere with or stop
vehicles approaching from the opposite direction or force or direct such vehicles
to move off the roadway."
Section 2. Severability. Should any section or part of this ordinance be held
unconstitutional, illegal, or invalid, or the application to any person or circumstance for any
reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair or invalidate the
remaining portion or portions thereof; but as to such remaining portion or portions, the
same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
2
ORDINANCE NO. 1363
Section 3. 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 4. Declaration of Emergency. The Council finds and determines that the
need to regulate the funeral processions inures to the health, safety and welfare of the
citizenry; and that this ordinance shall be adopted as an emergency measure, and that
the rule requiring this ordinance to be read on two (2) separate occasions be, and the
same is hereby waived.
Section 5. Publication and 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 from and after its publication, or the publication of its caption and
penalty, in the official City newspaper.
PASSED and APPROVED on First and Only Reading this the 29th day of
September, A. D., 2008.
f.~.iP
TOM REID
MAYOR
ATTEST:
3` ~.
F G R ''~'
::T•,
RETAR ..,.,,
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
ng "Aye" -Councilmembers Owens, Beckman, and
Cole.
Voting "No" - None.
Motion passed 3 to 0, with Councilmembers Saboe and
Kyle absent.
PUBLICATION DATE: October 1, 2008
EFFECTIVE DATE: October 10, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3