Chapter 12: Traffic and Vehicles
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 12.01
GENERAL PROVISIONS
§ 12.01.001 Ordinances saved from repeal.
All ordinances authorizing the placement of traffic-control devices, including stop signs, yield signs,
and other traffic-control signals and markings; the designation of speed zones, no-passing zones, no-
parking zones, one-way streets, and through streets; and other ordinances regulating traffic on specific
streets or parts of streets in the city are not included in this code but are specifically saved from repeal
upon adoption of this code. Such ordinances are on file in the city secretary’s office.
(Ordinance adopting Code)
ARTICLE 12.02
TRAFFIC-CONTROL DEVICES
§ 12.02.001 Definitions.
As used in this article:
Traffic-control device. Any sign, signal or marking, including markings upon pavement and curbs,
installed within the city at the direction of the director of traffic control for the purpose of directing and
controlling traffic within the city or to guide or warn traffic within the city.
(Ordinance 101, sec. 1, adopted 7/7/98)
§ 12.02.002 Authorization.
The director of traffic control shall place and maintain traffic-control devices as he may deem
necessary to regulate traffic under the ordinances of the city and the laws of this state or to guide or
warn traffic. He shall first obtain approval of the city council for the installation of permanent traffic-
control devices; however, once installed, a showing of city council approval shall not be required for
the prosecution for failure to obey, or necessary for proof that such device is an official traffic-control
device of the city.
(Ordinance 101, sec. 2, adopted 7/7/98)
§ 12.02.003 Obedience.
The driver of any vehicle or animal shall obey the instruction of any traffic-control device applicable
thereto placed in accordance with this article or other traffic ordinances of the city, unless otherwise
directed by a police officer, subject to the exceptions granted herein to the driver of an authorized
emergency vehicle.
(Ordinance 101, sec. 3, adopted 7/7/98)
§ 12.02.004 Director of traffic control.
In absence of other specific appointment, the chief building inspector of the city shall be the director
of traffic control.
(Ordinance 101, sec. 4, adopted 7/7/98)
§ 12.02.005 Conformance with manual.
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 city 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 city
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 city being consistent
with the manual and specifications, state law and this section shall be official traffic-control devices.
(Ordinance adopting Code)
§ 12.02.006 Exceptions for emergency vehicles.
(a) The driver of an authorized 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 but not upon
returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the
conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this article.
(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 maximum speed limits so long as he does not endanger life or property.
(4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exemptions herein granted to the driver of an authorized [emergency] vehicle shall apply
only when such vehicle is making use of audible siren, exhaust whistle or bell as may be
reasonably necessary, and visual signals from signal lamps mounted as high and as widely spaced
laterally as practical, which are capable of displaying to the front two alternately flashing red
lights located at the same level and to the rear two alternately flashing red lights located at the
same level having sufficient intensity to be visible at five hundred feet (500') in normal sunlight.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the
duty to drive with due regard for the safety of all persons, nor shall such provisions protect the
driver from the consequences of his reckless disregard for the safety of others.
(Ordinance 101, sec. 6, adopted 7/7/98)
§ 12.02.007 Unauthorized devices.
It shall be unlawful for any person to place, maintain or display upon or in view of any highway, street
or alley any unauthorized sign, signal, marking, or device which purports to be or is an imitation of
or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct
the movement of traffic, or which hides from view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal.
(Ordinance 101, sec. 7, adopted 7/7/98)
§ 12.02.008 Altering, defacing or removing.
It shall be unlawful for any person without lawful authority to attempt to or in fact alter, deface, injure,
knock down or remove any official traffic-control device, sign or signal or any railroad sign or signal
or any inscription, shield, or insignia thereon, or any part thereof.
(Ordinance 101, sec. 8, adopted 7/7/98)
§ 12.02.009 Installation and maintenance.
(a) The city council shall, in its legislative discretion, determine the necessity for installing and
maintenance of all permanent traffic-control devices within the city. Such determination shall be
consistent with the above-mentioned manual (Texas Manual on Uniform Traffic Control Devices
for Streets and Highways) and shall take into consideration the recommendation of the director
of traffic control, any engineering assistance from other jurisdictions, and any traffic investigation
the council shall consider necessary.
(b) The director of traffic control shall install and maintain all temporary traffic-control devices and
all permanent traffic-control devices approved for installation within the city by the city council
or cause the same to be done, such installation to be in accordance with this article and consistent
with the above-mentioned manual. Whenever the city council has authorized the erection of
a permanent official traffic-control device at any location within the city and has caused the
erection of the same to be done under the direction of the director of traffic control, said director
shall thereafter file a report with the city secretary stating the type of traffic-control device, and
when and where the same was erected and installed. The city secretary shall file and maintain
such report as a part of the official papers of the office of the city secretary. Provided, however,
lack of such report shall not change or alter the prima facie proof set out in section 12.02.010 of
this article.
(c) Any traffic-control device within the city which is determined by the city council, based upon
recommendation of the director of traffic control, to be no longer needed for safety or welfare of
the citizens of the city shall be removed by the director of traffic control or a person acting in
such capacity.
(Ordinance 101, sec. 9, adopted 7/7/98)
§ 12.02.010 Evidence of authorized installation.
In any prosecution for failure to obey a traffic-control device or in any prosecution for violation of this
article or other traffic ordinance of the city, proof that a traffic-control device was actually in place on
any street shall constitute prima facie evidence that the same was authorized by the city council and
installed by the director of traffic control pursuant to the authority of this article, and that such device
is an official traffic-control device of the city.
(Ordinance 101, sec. 10, adopted 7/7/98)
§ 12.02.011 Penalty.
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a
misdemeanor and upon conviction shall be subject to a fine not to exceed the sum of two hundred
dollars ($200.00) for each offense, and each day that a violation occurs or continues constitutes a
separate offense.
(Ordinance 101, sec. 14, adopted 7/7/98)
ARTICLE 12.03
OPERATION OF VEHICLES
§ 12.03.001 Speed limits.
(a) Establishment; posting of signs.The city council, as a result of engineering and traffic
investigations, has determined the reasonable and safe maximum speed limits for each street
within the corporate limits of the city, which said speed limits are as established by the city
council. The city council shall cause signs to be erected giving notice of the posting of the
maximum speeds established, except that no sign shall be required in an urban district where the
maximum speed limit is thirty (30) miles per hour.
(b) General speed limit on streets and alleys.A person commits an offense if he operates a vehicle
on any public street within the corporate limits of the city at a speed greater than thirty (30)
miles per hour or on any public alley at a speed greater than fifteen (15) miles per hour, unless
otherwise established by the city council. Any speed in excess of thirty (30) miles per hour on a
public street or fifteen (15) miles per hour in a public alley, unless otherwise provided, shall be
prima facie evidence that the speed is not reasonable or prudent and is unlawful.
(c) Speed limits on specific streets.A person commits an offense if he operates or drives a vehicle
on designated streets at a speed greater than the speed established by the city council.
(d) Penalty.Any person, firm or corporation violating any provision of this section shall be deemed
guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed the sum of
two hundred dollars ($200.00) for each offense, and each and every offense shall constitute a
new and separate offense.
(Ordinance 97 adopted 7/1/97; Ordinance adopting Code)
ARTICLE 12.04
PARKING
§ 12.04.001 Parking on driving portion or driving surface of street.
(a) Prohibited; presumption that owner of vehicle is responsible for violation.
(1) It shall be unlawful for any person to park a vehicle or any portion of a vehicle, and leave it
unattended, on the driving portion or driving surface of any public street within the
corporate limits of the city, except when necessary to avoid conflict with other traffic or in
compliance with law or the direction of a police officer or traffic-control device.
(2) If any vehicle is found unattended or unoccupied and in violation of this section or any
parking ordinance of the city, the fact that such vehicle is unattended or unoccupied shall be
prima facie evidence that the owner of the vehicle unlawfully stopped, placed, or parked the
vehicle at such location. Proof of ownership may be made by copy of the registration of the
vehicle from the state department maintaining such registrations or the county motor vehicle
license department showing the name of the person to whom the vehicle is registered. Such
proof shall constitute prima facie evidence of ownership of the vehicle by the person to
whom the certificate of registration was issued.
(b) Penalty.Any person, firm or corporation violating any provision of this section shall be deemed
guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed the sum of
five hundred dollars ($500.00) for each offense; providing, however, where a different penalty
has been established by state law for such offense the penalty shall be that fixed by state law.
Each day that a violation occurs or continues constitutes a separate offense.
(Ordinance 136 adopted 7/10/01)
ARTICLE 12.05
COMMERCIAL VEHICLES
§ 12.05.001 No through commercial truck traffic.
(a) Definitions.The following words, terms and phrases when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
City. The City of Lowry Crossing, Texas.
Commercial truck. Any motor vehicle designed, used or maintained primarily for the
transportation of property, and equipped with tandem axles, or a movable long bed or all truck-
tractors, trailers, or semitrailers or combination of such vehicles, also including but not limited
to, any vehicle carrying hazardous materials or solid waste. Commercial trucks shall not include
vehicles carrying or designated to carry only passengers, all governmentally owned or leased
vehicles, public utility vehicles, franchised solid waste service provider vehicles, motor homes,
recreational vehicles or vehicles used exclusively to transport personal possessions or family
members for nonbusiness purposes.
Proof of route. A written verification of pick-ups, deliveries, or destinations, which may include a
log book, delivery slip, shipping order, bill or any other document which identifies and specifies
the date, address, and name of the person requesting or directing the pick-up or delivery and the
destination of the pick up or delivery.
Terms not defined herein shall be construed in accordance with customary usage.
(b) Regulation.It shall be unlawful to operate, use, travel upon or be driven over any street, avenue,
or highway within the city not designated as a truck route by the city a commercial truck. The
city has designated a truck route within the city as described as follows:
Street Extent
FM 546 FM 546 in its entirety throughout the city.
(c) Affirmative defenses.It is an affirmative defense to prosecution under this article if the
commercial truck is/are:
(1) Emergency vehicles operating in response to any emergency call;
(2) A vehicle traveling to or from a location that is only served by the roads, streets and/or
highways that are not a designated truck route, provided such vehicle is operated over the
shortest possible route, and the operator of such vehicle has in his immediate possession
evidence of the proof of route and location of destination on prohibited route;
(3) An owner and/or operator of a commercial truck driving to and from his residence;
(4) Commercial trucks owned and/or operated by and/or on behalf of a governmental entity, a
public utility and/or any contractor or materialman, while engaged in the repair,
maintenance or construction of roads, streets and/or highways, and/or road, street and/or
highway improvements and/or utilities within the city;
(5) Commercial trucks owned and/or operated by and/or on behalf of a governmental entity
while engaging in and/or performing official, authorized government-related business; or
(6) Commercial trucks operating upon a city or state officially designated detour.
(Ordinance 329 adopted 10/8/19)
§ 12.05.002 Signage.
That the city may, in compliance with the Texas Manual on Uniform Traffic-Control Devices, place
or cause the placement of traffic control signs at appropriate locations to inform operators of the no
commercial truck zones and of designated routes. The absence of signage shall not be a defense to a
prosecution under this article.
(Ordinance 329 adopted 10/8/19)
§ 12.05.003 Penalty.
That it is the intent of the city council in adopting this article that an offense under this article be a strict
liability offense; in the prosecution of an offense under this article, no pleading or proof of intent shall
be required to establish the guilt of an accused. That any person, firm, entity or corporation violating
any of the provisions or terms of this article shall, upon conviction, be punished by a fine not less than
one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense.
(Ordinance 329 adopted 10/8/19)
LOWRY CROSSING CODE
UTILITIES