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