HomeMy WebLinkAboutORD 2024-029ORDINANCE NO. 2024-029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE CITY OF GRAPEVINE
CODE OF ORDINANCES, CHAPTER 23, TRAFFIC, ARTICLE
IV, PEDESTRIANS, BY ADDING A NEW SECTION 23-52,
STANDING AND WALKING IN CERTAIN AREAS
PROHIBITED; PROVIDING FOR DEFINITIONS; PROVIDING
A SEVERABILITY CLAUSE, PROVIDING A PENALTY
CLAUSE, DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, according to the National Highway Traffic Safety Administration
(NHTSA), during the five-year period from 2017 to 2021, pedestrian fatalities in the United
States averaged 6,502 per year; and
WHEREAS, according to the Insurance Institute for Highway Safety, pedestrian
deaths increased 80% between 2009 and 2021 and account for 18% of all traffic fatalities;
and
WHEREAS, according to the Texas Department of Transportation, pedestrian traffic
fatalities increased 30 percent in Texas from 2018 through 2022 and now account for one
in five of all roadway deaths; and
WHEREAS, in 2022 according to the Texas Department of Transportation data,
there were 5,751 accidents involving pedestrians in Texas, resulting in 823 deaths and
3,669 injuries; and
WHEREAS, traffic studies have found that medians under six feet in width, areas
with no medians, or areas designated as clear zones are not safe pedestrian refuges; and
WHEREAS, the U.S. Department of Transportation, American Association of State
Highway Transportation Officials, National Association of City Transportation Officials, and
the Texas Department of Transportation 2022 Roadway Design Manual recommends a
minimum median width of six feet for a median to be used as a pedestrian refuge; and
WHEREAS, Chapter 2 of the Texas Department of Transportation 2022 Roadway
Design Manual recommends an area of four feet from the face of the curb for curbed
roadways, or 10 feet from the edge of a travel lane for non -curbed roadways, to be free
from obstructions to provide a way for recovery of errant vehicles; Chapter 28 (standing
and walking on medians) (alternate); and
WHEREAS, roads are primarily designed for vehicular traffic and are not suited to
safely accommodate right-of-way pedestrians; and
WHEREAS, prohibiting pedestrians from standing in a roadway median, on a divided
roadway where no median exists, or in a clear zone will protect the health and safety of
both pedestrians and motorists; and
WHEREAS, Texas Transportation Code section 552.005 prohibits pedestrians from
entering a roadway outside of cross -walk or interfering with traffic by standing in a roadway
or area of travel; and
WHEREAS, pedestrians who approach motorists and passengers while the motor
vehicle is engaged in travel on roads and are particularly susceptible to serious bodily injury
or death due to the speed and number of motorists who operate vehicles on busy roads of
the city; and
WHEREAS, pursuant to the Texas Department of Transportation data distracted
driving contributes to one out of every six vehicle accidents; and
WHEREAS, pursuant to 2022 Texas Department of Transportation distracted driving
contributed to 95,765 accidents throughout the state resulting in 484 fatalities; and
WHEREAS, intersections controlled by traffic signals have higher volumes of traffic
and therefore present even greater chances of pedestrian related traffic accidents; and
WHEREAS, pedestrians that approach a vehicle while the vehicle occupies a lane
of traffic distracts motorists and interferes with the safe movement and normal flow of traffic
increasing the chance of accidents and fatalities; and
WHEREAS, it is the intention of the City Council to use the least restrictive means
to advance the significant governmental interests of traffic safety and public safety; and
WHEREAS, it is the finding of the City Council that other alternative, and safer,
channels of communication for pedestrians exist, such as, but by no means limited to,
parks, sidewalks (outside of a safety zone), mail solicitation, or delivery of literature,
distribution of literature or solicitation for donations at other locations (such as homes,
places of worship, businesses, shopping areas, news and magazine racks, special events,
and any other place not prohibited by law); the distribution or sale of newspapers or other
literature through the use of home or business delivery, vending machines, and retail
stores; and the sale of goods and services at retail stores, through the internet, and from
vending machines; and
WHEREAS, the City Council has reviewed the proposed regulations and finds that
such regulations accomplish the intended purposes while utilizing the least restrictive
means possible; and,
WHEREAS, the City Council finds that it in the best interest of the public health and
safety to prohibit pedestrians from interfering with the travel of motor vehicles in a safety
zone, standing in a roadway median, where no median exists, or in a clear zone, subject to
certain exceptions; and,
WHEREAS, the City Council now finds that data stated herein and such
recommendation balances the need for safe and efficient traffic movement on the streets
as well as protecting the public health and safety of pedestrians; and
Ordinance No. 2024-029 2
WHEREAS, the City Council finds that there is a public necessity for the enactment
of this ordinance and that its adoption is in the best interests of the health, safety, and
welfare of the public; and,
WHEREAS, all statutory and constitutional requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
SECTION 1. That City Council incorporates all the findings as stated above as if
specifically described herein.
SECTION 2. That Chapter 23, Article IV, Section 23-52, previously reserved, will
now read as follows:
Sec. 23-52. STANDING AND WALKING IN CERTAIN AREAS PROHIBITED
(a) Within this section the following definitions shall apply:
(1) CLEAR ZONE means the unobstructed traversable area provided beyond the
edge of the road way for the recovery of errant vehicles. On a curbed roadway, the
clear zone is the area four feet from the face of the curb. On an uncurbed street
the clear zone is 10 feet from the edge of the travel lane. A clear zone includes
shoulders, bicycle lanes, and auxiliary lanes except auxiliary lanes that function
like through lanes. However, a clear zone does not include areas adjacent to the
back of the curb where a paved sidewalk or disabled access ramp exists
(2) MEDIAN means the intervening space physical barrier, or clearly indicated
dividing section between the two roadways of opposing traffic on a public divided
roadway.
(3) RAISED SPLITTER ISLAND (also known as separator islands) means a
median that slows, directs, and separates conflicting traffic and may provide refuge
for pedestrians who are crossing a road.
(4) ROADWAY means streets classified in the City's thoroughfare plan as
major/principal or minor arterials, frontage roads or parkways along controlled
access freeways and tollways, non -controlled access state roadway facilities and
associated intersections with City's major or minor arterials as listed and shown on
Exhibit "A".
(5). SAFETY ZONE means an area 100 hundred feet from the center and 50 feet
from the perimeter of any roadway intersection controlled by a traffic signal.
(b) Standing and walkinq in certain areas prohibited. It shall be unlawful and a person
commits an offense if the person stands or walks on a median that measures six feet or
less in width, in areas where no median exists for roadways designated as divided
Ordinance No. 2024-029 3
roadways, in an area designated as a clear zone or interferes with the normal travel of a
motor vehicle on roadway in a safety zone.
(c) This section does not apply if the person:
(1) is actively crossing a divided roadway in the most direct route possible inclusive
of roadways that have provisions for dedicated bicycle lane facilities or curb bump
outs:
(2) is the victim of or rendering aid in an emergency situation or in compliance with
the directions of a peace officer:
(3) is performing work in the right-of-way in accordance with a permit issued in
accordance with City code:
(4) is erecting or dismantling a barricade in the right-of-way in accordance with a
permit issued per City code:
(5) has prior authorization from the City or is otherwise in compliance with
applicable laws and regulations: or
(6) is standing in a raised splitter island that is not less than four feet in width while
actively attempting to cross a divided roadway in the most direct route possible
(d) In a prosecution for an offense under Subsection (a) there shall be a rebuttable
presumption that a person interferes with the normal travel of a motor vehicle if it is shown
at the trial of the offense that the person approached a motor vehicle while the motor vehicle
was engaged in travel on a roadway in a safety zone.
SECTION 3. That, should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part thereof decided to be unconstitutional, illegal, or invalid, and the
same shall not affect the validity of the Code of Ordinances of the City of Grapevine as a
whole.
SECTION 4. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
SECTION
punishable upon
Municipal Code
5. Penalty. It
conviction in
of Ordinances.
is an offense to violate any part of this ordinance,
accordance with Section 1-6 of the Grapevine
Ordinance No. 2024-029 4
PASSED AND APPROVED by the City Council of the City of Grapevine, Texas, on this the
18th day of June, 2024.
William D. Tate
Mayor
ATTEST:
rs�'.
����`�
`.
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2024-029 5
Exhibit "A"
Glade Road
Baze Road
Heritage Avenue
Hall -Johnson Road
Pool Road
Ira E. Woods Avenue / Dallas Road
Mustang Drive
Main Street
Northwest Highway
Park Boulevard
Dove Loop Road
Silvercrest Lane
Texan Trail
Grapevine Mills Parkway
Grapevine Mills Boulevard
Ball Street
Bass Pro Drive
Dove Road
Dallas Road
Euless -Grapevine Road
Freeport Parkway
Prospect Parkway
Ruth Wall Road
Stone Myers Parkway
Trinity Parkway
Westport Parkway
William D Tate Avenue
Ernest Dean Parkway
Ordinance No. 2024-029 6