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Ord. 1377 2009-02-09 * 2012-10-09ORDINANCE NO. 1380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING TH E PLACEMENT OF TRAFFIC SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH TRAFFIC SIGNS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, the Transportation Code provides, in part, that local authorities may, with reference to highways under their jurisdiction, erect appropriate traffic signage; and WHEREAS, a warrant analysis for certain traffic signage in the City has been prepared; and WHEREAS, based on the available data, the installation of certain traffic signage is warranted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to the grant of authority contained in the preamble hereof, the placement of traffic signs in accordance with Exhibit "A" attached hereto and incorporated for all purposes, is hereby approved. Section 2. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.001. ORDINANCE NO. 1380 Section 3. Declaration of Emergency. The Council finds and determines that the need to establish traffic signage inures to the benefit of the traveling public and, therefore, bears directly upon 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 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 7. 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. 2 ORDINANCE NO. 1380 Section 8. 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 9th day of February, A.D., 2009. ATTEST: Y( CI DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR VOTING RECORD FIRST AND ONLY READING FEBRUARY 9, 2009 Voting "Aye" - Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: February 11, 2009 EFFECTIVE DATE: February 20, 2009 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 3 APPROVED AS TO FORM: Exhibit "A" Ordinance No. 1380 ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAFFIC POLICY AND AIVIENDBNG SECTION 29-206 OF CHAPTER 29, ARTICLE XI, TRAFFIC CONTROL DEVICES, OF THE CITY OF PEARLAND CODE OF ORpINANCES, HAVII~lG A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION. BE IT ORDAINED E3Y THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City of Pearland Traffic Policy, attached hereto as Exhibit "A", is hereby adopted. Section 2. That Chapter 29, Article XI, Traffic Control Devices, of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "Section 29-206, General powers. The City Manager or his designee, utilizing the City's Traffic Policy, shall place and maintain traffic=control signs, signals and devices when and as required under this chapter to make effective the provisions of this chapter, and n~ray place and maintain such additional traffic-control devices as deemed necessary to regulate traffic under this chapter or state law or to guide or warn traffic. It shall be the duty of the City Manager or his designee to ensure that any decision pursuant to this Section is made in accordar-ce with the Texas Manual on Uniform Traffic Control Devices. r C-Rt~INANCE N®. 1301 Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City Section 4. Severat,itity. 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 5. Codification. !t 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. PASSED and APPROVED ON FIRST READING this the 25`h day of September, A.D., 2006. TO REID MAYOR ATTEST: (~ Y NGL ,T C Y SE ETARY APPROVEC) AS 1"O FORM: ~~lZ---~ C)ARRIN M. COKER CITY ATTORNEY 2 UI~DlNANCE NO. 1301 PASSED and .APPROVED ON SECOND AND FINAL READING this the 9~h day of October, A. D., 2006. G~~ TOM REID MAYOR ATTEST: C, ' UNG I G, MC TY S RETARY APPROVED AS TO FORM: ~~ ~. ~-- DARRIN M. COKER CITY ATTORNEY 3 Exhibit "A" Ordinance No.1301 City of Pearland Traffic Policy The City of Pearland has adopted these policies and procedures to provide a uniform methodology to address and mitigate unacceptable traffic conditions on the city's public streets. Communication, cooperation and involvement in fostering consensus in the identification of traffic-related issues and their resolution are an integral component of these policies and procedures. All actions taken under this policy should be in accordance with the Texas Manual on Uniform Traffic Control Devices. This policy applies only to streets controlled by the City of Pearland. Issues involving streets controlled by the State of Texas will be coordinated through the City Engineer's office. I. TRAFFIC REVIEW COMMITTEE The City Manager shall appoint a City Traffic Review Committee comprised of the Traffic Director, ,Chief of Police, City Engineer, and Director of Public Works or their designee. The Traffic Review Committee shall serve as a decision making body for issues falling under the Traffic Procedure (Appendix I). These include: • Requests for no parking along certain residential streets • Requests to limit cut through traffic • Requests for crosswalks • Requests for children at play signage • Requests for other advisory or advanced warning signage • Requests to limit speeding • Requests to lower posted speed linuts • Requests for stop signs • Requests for traffic signals • Requests for traffic canning devices The Committee shall serve as an advisory body to the City Council for issues that do not fall under the Traffic Procedure. These include, but are not limited to, requests for right- turn or left-turn lanes, u-turns, Hazardous Materials Routes, and Evacuation Routes. The.functions of the Traffic Review Committee shall include the following: • Review all traffic engineering studies, analysis and reports relative to requests for traffic control devices or actions. • Determine, based on the Traffic Procedure, if requests for traffic control devices or actions meet the minunum warrant,. criteria or standards of the City for implementation of the requested device(s) or action(s). • Make recommendation to the Traffic Director for consideration of those requests for traffic control devices or actions that fall under the Traffic Procedure; the Traffic Director will determine whether each request can. be handled at the staff level, or should be sent to City Council for review. • Notify the party initiating the request that: • the request has been approved by the Traffic Review Committee and will be recommended to the Traffic Director; or, • the request has not met the city's warrants, criteria or standards for the requested traffic control device or action and has been denied by the Traffic Review Committee. The staff report justifying the Traffic Review Committee's denial will be attached to the notice to the intiating party. Staff will also communicate that the initiating party may appeal any request denied by the Traffic Review Committee to City Council within fifteen (15) days of the Traffic Review Committee action. • In cases that do not fall under the Traffic Procedure, complete the necessary studies, analysis, and reports to provide the Traffic Director and City Council with sufficient information to make alt informed decision. • Implement or adjust times for school zones as requested by an Ilidependent School District. . The procedure for intake, routing, and tracking traffic issues and concerns is represented by the flowchart in Appendix II. T[. INITIATING A TRAFFIC ENGINEERING STUDY The City Engineer may conduct a Traffic Engineering Shtdy ("traffic study") on a street or intersection when: • City staff has been contacted and advised of a traffic problem or dangerous condition. To maintain a chain of communication, the initiating party may be asked to submit the request in brief, written foam. A petition to initiate a conventional traffic. study will not normally be required. • City Council has directed staff to address a traffic issue. • Another agency requests the City's participation in a cooperative traffic study. • City staff initiates a traffic study. All Traffic Engineering Studies should be coordinated by the City engineer. If an issue surrounding the consideration of implementation of a traffic control device or similar action has been addressed by a prior traffic study, the initiating party will be advised of the results of the previous study and that no further action will be taken by City staff on the issue unless or until there has been a recognizable change in area conditions or traffic characteristics. If a traffic control issue is remedial (missing sign, faded pavement legends, traffic signal malfunction, bunted out street light etc.), or regarding parking restrictions, or the need for more signs or striping for traffic calming or information; then the Director of Public Works may take the appropriate corrective action, advise the uutiating party of lus action and place a memorandum in the Traffic Database describing the corrective action. The City Engineer may decline to conduct a traffic study if: • Any requested action is in conflict with laws of the State of Texas or other similar City policy. • Any requested action has been the subject of a prior traffic study. Any requested action is not directly related to traffic and transportation engineering practices. Any requested action, as determined by the Traffic Review Committee, does not represent the best interest of the City. I:[I. TRAFFIC ENGINEERING STUDY The traffic study is a five part procedure and may, depending upon the nature of the issue, evaluate: • Street Characteristics The traffic study will review the existing street or intersection characteristics to include: a) Street width, improvements, al bamnent and lighting. b) Existing traffic control. c) Sight distance restraints, if applicable. d) Development and access characteristics. • Traffic Characteristics T'he traffic study will measure traffic characteristics applicable to the initiating request, which may include any or all of the following: a) Du•ectiona124-hour weekday traffic counts (mechanical). b) Directional weekday peak Hour vehicle and pedestrian counts (manual). c) Directional "through" traffic surveys. d) Directional weekday peak hour radar speed zone surveys or 24-hour Speed Profiles. The radar survey will generally measure the speeds of 100 samples. The Speed Profile will .measure the speed of all vehicles on the study sheet fora 24-hour or longer period. e) Diagram and review the characteristics of all police-investigated accidents occurring at the study location fora 1-3 year period. f) Traffic composition surveys (i.e.: commercial vehicle by number of ,axles vs. conventional passenger vehicles). • Data Evaluation The traffic study data is compiled into a statistical format and applied to recognize engineering warrants, criteria and standards. Warrants, criteria and standards are not considered "absolutes" in the determination of traffic control need but are intended to provide guidelines, in conjunction with engineering judgment for the Traffic Director, Traffic Review Committee and the City Council to compare the conditions at a study location with those conditions that have necessitated traffic control installations at other similar locations to successfully resolve traffic issues. • Traffic Report Upon completion of the traffic study, City engineering staff for presentation will prepare a report to the Traffic Review Committee. The initiating parry will be provided a copy of the staff report. If the Traffic Review Committee's recommendation is to approve the implementation of a traffic control device, that recommendation will be presented to the Traffic Director for consideration. The Traffic Director may take the following actions upon consideration of the Traffic Review Committee's recommendation: 1. Approve, riiodify or deny the staff recommendation, 2. Continue the item for further deliberations or citizen input; or, 3. Return the issue to staff for additional analysis or alternatives. I'V. IMPLEMENTATION OF A TRAFFIC CONTROL DEVICE Upon the Traffic Director's request to install a traffic control device, the City Engineer will direct the appropriate department, agency or contractor for the traffic control device installation. A copy of the executed Worlc Order will become a part of the project file. The Traffic Director may deviate from the traffic engineering policy and procedures by stating specific grounds by which to substantiate the reason(s) for the deviation. APPENI3I7~ I: TRAJFFIC PR®CEI3IJRE Staff will work with the requesting party to fully understand the nattue of the traffic issue and will apply one of the following subset procedures as needed. Each subset procedure shall be performed and implemented if warranted in accordance with the Texas Manual on Uniform Traffic Control devices, latest edition, the City's Designs Standards, City Ordinances and the Highway Capacity Manual, latest edition. In alI cases, staff will maintain communication with the requesting party tluoughout the process, and inform all affected property owners of any pending changes. The City Engineer shall post details of proposed changes, as well as airy Traffic Engineering Studies ordered, on the City website during the review period. 1`-rOTE: For No Parking Requests and Cut-Through Traffic Requests, "affected property owners" shall include all homes whose fiont, rear, or side yard adjoins the street or alley segment in question, as well as houses that adjoin streets onto which traffic may be diverted as a result of any proposed change. In each case, the City Engineer will review the request and determine the affected area. Pdo Parking Requests: l • In order to implement a No Parking zone along a street, the originator of the request will be responsible for obtaining a written consensus by petition of all of the affected property owners contained within the defined area. Within the subject area defined mutually by the Traffic Review Committee and the requesting party, 100% of the affected property owners must sign the petition. • To reverse a portion or all of a No-Parking zone along a street, 75% percent of the affected property owners must sign a petition as implemented tluough these policy guidelines. • "No Parking" signs will be posted by the entire street, block or logical termination point as determined by the Traffic Review Committee and the requesting party. Other advisory or advanced warning signs will be placed as dictated by sound common engineering practice or the Texas Manual oil Uniform Traffic Control ,devices; latest edition. • All No-Parking lone applications shall be thoroughly reviewed by the Public Works. Department after a period of two full years from the date of. implementation. The No-Parking zone shall remain in effect unless a compelling safety reason is discovered. Cut Through Traffic Requests: • In order to implement a plan which limits cut through traffic, the originator of the request will be responsible for obtaining a written consensus by petition of all property owners contained within the defined area. Within the subject area defined mutually by the Traffic Review Coimmittee and the requesting party, 75% of the affected property owners must sign the petition. • To reverse any portion or all of a plan which limits cut through traffic, 75% of the affected property owners must sign a petition as implemented through these policy guidelines. Requests for Crosswalks: • The Public Works Department will communicate with the requesting party to fully understand their request and thoroughly define the requested location(s) for the crosswalk. • The Traffic Review Committee will study the requested location and perform a crosswalk analysis which includes volume of pedestrian traff c, proximity of the. subject location to schools, parks, swimming pools, retail centers, hike and bike facilities, vehcular traffic volume, etc. • Crosswalks shall not be placed in the middle of a block. • Crosswalks shall not be placed at uncontrolled intersections; meaning those without existing stop signs or traffic signals. Requests for Children at Play Signs: Staff will conununicate with the requesting party to fully understand their request and thoroughly define the requested location(s) for the sign(s). The requesting party will be informed that Children at Play signs will not be installed at any locations other than those directly adjacent to a public park or public swirruning pools. The Traffic Review Conunittee will study the requested location and perform an advisory sign analysis which includes volume of pedestrian traffic, proximity of the subject location to schools, parks, swimming pools, retail centers, hike and bike facilities, vehicular traffic volume, etc. Children at play signs shall only be placed at locations adjacent to public parks or public swinuzung pools. Requests for Other Advisory or Advanced Warning Signs: Staff will communicate with the requesting party to fully understand their request and thoroughly define the requested location(s) for the sign(s). The requesting party will be informed that it is City policy to install advisory or advanced warning signs only in accordance with the Texas Manual on Uniform Traffic Control devices, latest edition. The Traffic Review Committee will study the requested location and perform an advisory/advanced warning sign analysis which includes volume of pedestrian traffic, proximity of the subject location to schools, parks, swimming pools, retail centers, hike and bike facilities, vehicular traffic volume, etc. Requests to Limit Speeding along Specific City-Controlled Streets: Staff will notify the Police Department and request speed enforcement for the subject area. The requesting party's issue will be entered into the Traffic Database to search for similar complaints in the subject area. If there are more than two similar complaints in less than one year in the Traffic Database regarding the subject area, the City's speed trailer will be used in addition to the Police Department speed enforcement: If the speed enforcement and speed trailer deployment do not achieve the desired result, the property ov~mer(s) may pursue additional measures using the procedures prescribed in the Traffic Calming Policy (see attached). Requests to Lower the Posted Speed Limit along Specific City-Controlled Streets: • The requesting party's issue will be entered into the Traffic Database to search for similar requests in the subject area. • Under no circumstance shall any street within the incorporated City limits have a speed limit of less than 30 miles per lour per Texas State Law or City Ordinance. • A speed study will be performed to determine the 85th percentile of speed. This information in conjunction with pedestrian traffic volume, roadway curvature, the number of traffic accidents, sight distance restrictions, etc. will be considered. • Should changes be warranted, the Public Works Department will share the proposed changes with the affected property owners before they are implemented. Requests for Stop Signs or Traffic Signals: • The requesting party's issue will be entered into the Traffic Database to search for similar requests in the subject area. • Afield visit to the subject location will be made to determine if the request is valid and warrants additional study. • Stop signs or traffic signals shall not be installed within the corporate City limits of the City of Pearland unless approved by an authorized warrant analysis. • Stop signs or traffic signals shall not be installed for the propose of controlling the speed of a roadway as they have been shown to become a hazard at times when installed without warrant. • Implementation of the plan will be in accordance with necessary budget considerations. • Should changes be warranted, the Public Works Deparment will share the proposed changes with the affected property owners before they are implemented. Requests for Traffic Calming Devices: Traffic calming is the application of specific devices or strategies to reduce the incidence of excessive speed or excessive traffic volumes on residential streets. The City of Pearlaild,has an existing Traffic Calming Policy (see attached). Traffic Calming issues should be processed in accordance to the Traffic Calming Policy. Appendix II -Traffic Review Procedure Traffic Issue Presented to City Staff (any dept) Can Issue be Addressed With Increased Enforcement ? No Can Issue be Addressed with Non-Regulatory Signage or Strinin~? ' No Apply Yes Is Issue Traffic Addressed in Procedure .Traffic Procedure? Does Issue Require Engineering Studv7 No Committee Reviews Issue and Forwards to Traffic Director with Recommendation Yes Address. Issue With Increased Enforcement. Address Issue Yes With Non- ' Regulatory Device. No Forward to City Engineer Yes _~ City Engineer Coordinates Traffic Engineering Study Does Issue Meet Existing ('rifcri~ fnr Laserfiche WebLiiilc Laserf fiche' WebLink Browse Search Template: City Secretary Type of Document Ordinances Location LF & Files Document Dete Document Name Project Number Retention Code 1000-05: Permanent-Ord. Res. Order Destruction Date Help ~ Logout ~ My WebLink Page 1 of 1 0 Q Paga_9..___---of11 Go -- -- f Pages'9 ,to 11 s ~ ®0 ~~Qi2401% ---- City of Pearlend > City Secretary > Ordinances > All Ordinances > Ord. 1301 2006-10-09 • To rovarsa mty l:artinn or all of u plan which limits cut thmueh trn(Tic, ii^/ of the affected property owners must sigit n petition as implemented tluough Uwse policy guidelins. Requests forCrasse•nllcs: • The Public Works Department µi11 communicate riith the requesinb pang to fully wtderstatd Uteir request and thoroughly dcLnc the requested location{s) for the crossH:tl}t. + The Tntffic Revicty Committee [vill study iltc requested (oration and perform a crosstvall: mtalysis attich includeq voSumd nF pedestrian traffic, proxiuut}• of the subject location to schools, parts, svvinuuiu~ pools, retail centrrs, hike and bike facilities, vchiculu[ !raffle volume, etc. • Crosstt;dls shop not lK plncad in the middle ol'u block. • Crossvv~lks shall not b: placed at 7mcontro0ed imersectlmts; meaning those witltomt cxisilna stop signs ar [ratfic signals. Rcqucstr fur Cbitdren at Play Sigtts: • StuET'+vill comtnunicatc with the rcqucstln~ parry to (idly understand their rrnqurst and iltoroughly define the mqucstcd loc:+tiou(s) for the sign(s). 'fhc requesting party µ9l1 be informed drat Children at Pla}• signs will not be inslnll:d at any luuuions other than those dircdly adjacent to n public park or public s[vimminti pools. • The TmFGc Rc:9ew Committee will study the requestarl lncotinn and perform an advisoy sign analysis which includes volume of pedcsiriatt tragic, proxintiry of fhc sabj:ct location [o schools, pals, s+vinuning pools, rc4:il crmtcrs, hike and bike Cacllities, vehicular uv0ic:rolume, rte. • Children at play sigtu shall only he placed at locations adjnecnt to public parks or puhl i c swimming pools. Requests for OthcrAdvisorp orAdvanced Warning Signs: • Staff will conunttnicam with the rcyuesting patty to fuli}• uadcrstuid their request and thnroagltl}' define dtc [cqucsted location(s) fur the sign(s). Tbc rquestitL petty will )>e infanned Ihut it is Cily puGey io install advisory or advanced nartting sigttt otily in accordance utith the Texas Manual nn Uniform 'Traffic Control de~•iccs, 1WCSt edition. • The Traffic Review Committee tt•111 swdy the nqu~slrxl lnration and perform an advisur}dudvunccd tvarmins sign analysis which includes volume of pcdstrian traffic, proximity of the subject Location to schools, parla, swimming pools, r_tai', ecntcts, hilm and bike facilities, udhit:ulnr traffic cnbimc, ere. RcqucsLv td Ltmit Speeding along Specific Cit}••Conirolled Streets: Powered by Laserfiche Wabynk version 7.0.5. Laserfiche is a registered trademark of Compulink Manapemenl Center Inc. This copy (a registered to: Clly of PeaAend l _-- -