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1974-029AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE IV REGULATING AND CONTROLLING THE BARRICADING OF CONSTRUCTION OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY, PROVIDING FOR EN- FORCEMENT, AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That the Code of Ordanances of the C~ty of Denton, Texas as hereby amended by addang a new Artacle IV, Barra- cad~ng of Construction and Publac Raghts-of-Way, Sections 21-55 through Section 21-60 to the saad Code of Ordanances whach shall hereafter read as follows ARTICLE IV BARRICADING OF CONSTRUCTION AND PUBLIC RIGHTS-OF-WAY Seotlon 21-55 Submasslon of Plan Any contractor, subcontractor, corporation, firm, company, publac utlllty or other andlvldual who shall under- take to perform any work wathan the traveled portion of any publac raght-of-way when such work, arrangement of equapment, condat~on of work area, or actavltaes assocaated with the conduct of such work or traffic upon the street wall create or potentially create a hazard to workmen, pedestrians or motor vehicle operators upon sa~d raght-of-way or wlthan an shall area adjacent thereto wathln the sa~d caty,/as an express condataon precedent to the ~ssuance of a building or street use permlt for such work, furnlsh to the Traffic Darector and/or the City Engineer a scale plat or sketch showing the work area, the spac~ wlth~n the r~ght-of-way requared for the work and a proposed plan for the use of barracades, s~gnals, s~gns, flags, flares and other traffic control and safety devices about the work area Sald plan w~ll be re- ferred to as the "Barricade Plan" and shall conform to the requirements set forth an the "Barricade Manual" adopted by Sectaon 21-56 and shall be deemed a part of the issued per- mit EXCEPTION Such requirements contaaned herein shall not apply as to permits or s~bmlsslon of plans when work as conducted under emergency condataons However, all require- ments for proper barracad~ng and channelazataon as requared in the "Barracade Manual" shall be met and such requarements w~ll be enforceable "Emergency Condltlons" for the purpose of thas article means unforseen occurrences or condatlons, a sudden unexpected happening Section 21-56 Adoption of Barricade Manual The Traffic Control Davasaon of the Community Develop- ment Department of the C~ty has prepared a manual entitled "Barracade Manual", and the regulations for barracadlng of con- structaon areas ¢ontalned in that manual are hereby adopted and made a part of thas ordinance Copaes of such Barracade Manual shall be kept avaalable for publa¢ anspectaon in the offices of the Traffac Director and the Caty Engineer The C~tySi~?~equare that the regulataons contaaned an that manual be made a part of the "Barracade Plan" Sectaon 21-57 Addataonal Requirements Where the Caty deems at necessary an order to avoid traffic congestion and an the interest of safety, it may re- quire that the work be done only at certaan hours during the day or n~ght, that materaals or equapment used in such work or dart and materaals removed from any excavation be located other than ad3acent to the work area, and that any excavataon be covered w~th ma%er~als of sufficient strength and constructaon to permit vehicular traffic to pass over such excavation at peak traffic hours Section 21-58 Validity of Permit Prior to and durlng any construction for which a permit · s required under th~s Artlcle, the perm~ttee shall conform to all spec~faoatlons and regulataons set forth an the permit, Barracade Plan, and/or Barricade Manual ancludlng, but not re- stricted to, proper maintenance of barricades, s~gnals, s~gns or other trafflc control or safety devices The Traffic D~rector, Building Inspector and/or Clty Enganeer may cancel the permit assued under th~s Artlcle for any violations of the regulations, and after suoh cancellation the permat will have no further force or effect Sectaon 21-59 Stop Order Any person who shall barricade a construction area and pub- llc rlght-of-way pursuant to the provaslons of th~s Article and violate any provaslons of thls Artacle shall be subject to a "stop any polace officer order" issued by the Traffic Dlrector,/Bualdlng Inspector, or C~ty Engineer In the event a stop order as lssued, the person holding the permit and engaging in the work shall restore the work area to lts proper condltaon as called for an the Barricade Plan, Barri- cade Manual and/or permit Where permlttee does not restore the work area to its proper condition as called for an thas Section wlthln two (2) hours after receipt of the stop order, the C~ty shall proceed to do the work, and the cost thereof shall be charged to the permlttee The C~ty shall have the rlght of action against any bond runnlng from the holder of the permit to the C~ty con- d~tloned upon compllanoe wlth the ordinances of the C~ty an the performance of said work, and the City Attorney may proseceute an action against the perm~ttee ~n a court of competent jurisdiction for the reoovery of suoh expenses, damages or costs Section 21-60 Penalties (1) Any person who shall v~olate a provlsaon of this code, or fails to comply therewith or wlth any other requirements there- of, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not less than ten dollars nor more than two hundred dollars Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provlsons of this code is committed, or continued, and upon conviction of any such violation such person shall be punished within the limits provided above (2) The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to restrain, correct or abate a violation of said ordinance, or prevent any legal act, conduct, business or use in or about any premises PART II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent juris- diction, suoh 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 suoh invalidity PART III That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Ks hereby d~rec- ted to cause the caption of th~s ordinance to be published in the Denton Record-Chronicle within ten days of the date of its passage PASSED AND APPROVED this the 2~ day of $~, A D 1974 CITY OF DENTON, TEXAS ATTEST BROOKS%~.~T, CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS