Ordinance 2001-55
CITY OF WYLIE, TEXAS
ORDINANCE NO.tJd) l- '!J6'
AN ORDINANCE ESTABLISIDNG A SCHOOL ZONE AT A DESIGNATED
SCHOOL- EST ABLISIDNG PRIMA FACIE MAXIMUM SPEED LIMITS AT
,
THIRTY FIVE (35) MILES PER HOUR DURING SCHOOL HOURS IN SUCH
ZONE; PROVIDING FOR INSTALLATION OF SIGN AND MARKING;
REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), finds it
necessary to alter prima facie maximum speed limits established by Chapter 545, Texas
Transportation Code, as amended, within the areas and at the locations named and designated in
the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas ("Wylie")
and in the immediate vicinity of school areas, during periods of time when the schools are in
session and school children are going to and from schools and playgrounds; and
WHEREAS, the City Council finds that it is necessary for the protection and safety for
pedestrians crossing the streets within such areas to prohibit the. overtaking and passing of motor
vehicles by the motor vehicles within the school zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Definitions.
School Zone shall mean that public street right-of-way around the schools as described by
metes and bounds herein.
Speed Limit shall mean the maximum speed of vehicular traffic within the boundary of the
speed zone.
Fire Lane shall mean that portion of a public street where only moving vehicles are
allowed.
School Days shall be each Monday through Friday throughout the calendar year when the
school nearest the school zone is in session.
SCHOOL ZONE ORDINANCE - Page 1
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SECTION 3: Designation of School Zones. The designated locations and areas set forth \
on Exhibit "A", attached hereto and incorporated herein for all purposes, are declared to be
school zones and the prima facie maximum speed limit for all motor vehicles operated within such
areas and locations between the hours as posted shall be thirty five (35) miles per hour.
SECTION 4: Installation of Sism and Marking. The City Manager, or hislher designee, is
hereby authorized and directed to cause the placement of traffic control signals and/or signs at
each approach to each school zone herein designated. The signs shall be placed at the most
advantageous point to be conspicuous to approaching vehicular traffic. Although said traffic
control signals and/or signs may be lighted or consist offlashing lights, the provisions of this
Ordinance shall not be interpreted so as to require lighted or flashing lighted signals and/or signs.
Further, the existence of lighted or flashing lighted signals and/or signs which may fail to properly
operate, or which may improperly operate, shall not constitute a defense available to a person
charged with violation with any of the provisions of this Ordinance so long as there is a traffic
control signal and/or sign containing printed information warning operators of vehicle traffic of
the existence of the school zones.
SECTION 5: Regulation of Vehicular and Pedestrian Traffic. It shall be unlawful for any
person to drive or operate a vehicle through a school zone as designated or established herein
between the hours as posted on school days in such a manner as to overtake and pass another
vehicle being driven in the same direction upon the same street within said school zone.
SECTION 6: Unaltered Prima Facie Speed Limits. Nothing herein contained shall be
construed as repealing or conflicting with, prima facie maximum speed limits applicable during
hours other than "school hours" as the same have been established by Chapter 545, Texas
Transportation Code, as amended, or by any Ordinance of Wylie.
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding FIVE HUNDRED AND NO/IOO DOLLARS ($500.00). Each
continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude the City of Wylie from filing suit to
enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,
state and federal law.
SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 9: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
SCHOOL ZONE ORDINANCE - Page 2
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subsection, clause or phrase thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 10: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WLIE, TEXAS on this t l
day of _~.tWl~)
2001.
ATTESTED TO AND
CORRECTLY REC
DATE(S) OF PUBLICATION:
SCHOOL ZONE ORDINANCE - Page 3
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Wylie. Texas 75()9R
l'I-IE WYLIE NEWS
f,;~;;:;i"g-Wyiicl SDC"~C, Mllrl,l.y Dnd tI.c slIrtfllln;lillg DrCD
(972) 442-5515
f'DX (972) 442-4J I R
STATE OIl' TEXAS
COUNTY OF COLLIN
Before me, the under-slgned authority, on this day personally appeared Chad Englu'ock, of THE WYLII~
NEWS, a newspaper regulady published Ih Collin County, Texas and having general clrculatlotl III Collin
CountJ, Texas, who being by me duly sWorn deposed and says tbat tbe foregoing attached
~- Ot[j. JDOI- 55
was published In sold newspaper on the following dates, to-wit:
,,:,;.
ill~. ( Cl
, 2001, and
, 200t .
~
Chad El1gbrock
Suh!'lcl"lbed and sworn to before me this the 1 t-'h
In cerUfJ' which witness my hand and seal of office.
day of
p.o~
, 20Ur ,
My Commission Expires
to! D3~IJ~1
ORDINANCE NO.
2001-55
Af\J ORDII'JANCE OF
THE CITY OF WYLIE.
TEX.A.S ESTABLISH-
ING A SCHOOL ZONE
AT A DESIGNATED
SCHOOL: ESTABLISH-
ING PRIMA FACIE
MAXIMUM SPEED
LIMITS Ai I HTRTY'"
FIVE (35) MILES PER
HOUR DURING
SCHOOL HOURS IN
SUCH ZONE; PROVID-
ING FOR INSTALLA-
TION OF SIGN AND
MARKING: REGULAT-
ING VEHICULAR AND
PEDESTRIAN TRAF-
FIC: PROVIDING FOR
A PENALTY FOR THE
VIOLA.TION OF THIS
ORDINAI'JCE: PROVID-
ING FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE:
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION THERE-
OF.
DULY PASSED AND
APPROVED BY THE
CITY COUNCIL OF
THE CITY OF WYLIE,
TEX,AS, THIS 11 TH
DAY OF DECEMBER.
2001.
John Mondy, Mayor
ATTEST:
Barbara Salinas,
City Secretary