1980-042No 0-*X
AN ORDINANCE AMENDING THE DENTON CODE OF ORDINANCES BY CREATING
A NEW ARTICLE V OF CHAPTER 18 TO BE ENTITLED "TRAFFIC AND PARK-
ING CONTROLLERS"; ESTABLISHING THE POSITION OF TRAFFIC AND PARK-
ING CONTROLLER, PROVIDING FOR THEIR AUTHORITY TO ISSUE PARKING
CITATIONS, DUTIES AND RESPONSIBILITIES, AND GOVERNMENTAL FUNCTION
AND STATUS, PROVIDING FOR A PENALTY, SEVERABILITY CLAUSE, AND DE-
CLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
PART I
That the Denton Code of ordinances, as amended, is hereby
amended to create a new Article V of Chapter 18 to be entitled
"Traffic and Parking Controllers" which shall read as follows
SECTION 18-34 Creation
There is hereby established in the Police Department of the
City of Denton, Texas the position of traffic and parking con-
troller to be under the control of a police officer as directed
by the Chief of Police
SECTION 18-35 Authority, Duties and Responsibilities
(a) Persons employed by the police department as traffic and
parking controllers are authorized to issue municipal court
citations for any parking violations within the city in the same
manner as regular officers of the police department
(b) It shall be the duty of traffic and parking controllers
to direct and guide motor vehicles and pedestrian traffic in the
city as directed by the Chief of Police, and to escort funeral
processions as needed
(c) Traffic and parking controllers are hereby authorized to
direct traffic by voice, hand, or signal in conformance with traffic
laws; provided, that in the event of a fire or other emergency, to
expedite traffic or to protect pedestrians, traffic and parking
controllers may direct traffic as conditions require notwithstanding
the provisions of the traffic laws
SECTION 18-36 Governmental Function, Employee Status
(a) Traffic and parking controllers, while in the performance
of their duties, shall be deemed to be engaged in the performance
of a governmental function
(b) Traffic and parking controllers shall not be considered
regular members of the police department within the meaninq of
state laws governing regular police personnel Controllers,
however, shall be deemed to be regular employees of the City of
Denton and subject to the same rules, regulations and policies
thereof
SECTION 18-37 Power of Arrest, Firearms
Traffic and parking controllers shall have no power of
arrest beyond that of a citizen Controllers shall not bear
firearms
SECTION 18-38 Obedience to Controller Required
(a) It is a class C misdemeanor offense for any person to
intentionally fail or refuse to comply with the lawful order or
direction of a traffic and parking controller
(b) A person convicted of a misdemeanor for a violation of
a provision of this chapter shall be punished by a fine not to
exceed $200
PART II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity
PART III
That this ordinance shall become
from the date of its passage, and the
directed to cause the caption of this
twice in the Denton Record-Chronicle,
City of Denton, Texas, within ten (10
passage
effective fourteen (14) days
City secretary is hereby
ordinance to be published
the official newspaper of the
days of the date of its
PASSED AND APPROVED, this the _",day of
1980
2
O AR , MAYOR
IT OF DEN-TON, TEXAS
ATTES
B OOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR CITY ATTORNEY
CITY OF DENTON, TEXAS
BY if