2018-169 Vehicles and Equipment Blocking the Right of WayDate: November 16, 2018 Report No. 2018-169
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT: Information on permitting requirements for vehicles and equipment blocking the right-of-way.
EXECUTIVE SUMMARY: Information was requested on permitting requirements for blocking roadways and major intersections. In the Denton Code of Ordinances there are sections that regulate the blocking of the roadway, allowance for this temporary blocking of a roadway with the submittal of a traffic
control plan and issuance of a permit. The City is currently working on a right-of-way ordinance
in conjunction with Kimley-Horn and Associates that would include more detailed permitting requirements. This ordinance will be coming before City Council for discussion in January.
BACKGROUND: On September 25, 2018, Council Member Briggs requested information on the permitting
requirements to prevent vehicles and large equipment from blocking roadways and major intersections. Chapter 18 of the Denton Code of Ordinances, entitled “Motor Vehicles and Traffic” includes
sections 93 and 94 which are related to prohibitions on blocking a roadway or alley. Persons are
not allowed to park any vehicle that would leave less than 10 feet of lane width or alleyway except for temporarily stopping to load or unload passengers. This section of the Code of Ordinances is enforced by the Denton Police Department in instances where a violation is observed, or a call is received.
Section 25-91 of the Code of Ordinances requires anyone performing work in the right-of-way that will create or potentially create a hazard to workers, pedestrians or motor vehicle operators in the right-of-way provide a traffic control plan that is compliant with the Texas Manual on Uniform Traffic Control Devices for review by the Engineering Department prior to the
blockage occurring. Traffic control plans are first submitted to the Development Services
Department prior to review by the Capital Projects staff. Section 25-93 of the Code allows the City to specify the hours in which construction may be conducted and that excavation be covered to allow vehicles to pass over during peak traffic hours in order to lessen the impact on traffic congestion.
In addition to the above regulations on parking in the right-of-way, the City is currently working with a consultant, Kimley-Horn and Associates, to develop a right-of-way ordinance. Once adopted, this ordinance will include additional requirements for persons or entities requesting a permit for obstructions in the right-of-way. This ordinance will be developed over the next two
months and a work session will be brought forward for discussion with City Council in early
calendar year 2019.
Date: November 16, 2018 Report No. 2018-169
ATTACHMENT(S): Related Sections in the Code of Ordinances
STAFF CONTACT: W. Todd Estes, P.E. City Engineer (940) 349-8917 Todd.Estes@cityofdenton.com
Scott McDonald
Director of Development Services (940)349-8539 Scott.McDonald@cityofdenton.com
Related Sections of the Denton Code of Ordinances
Vehicles Blocking the Right-of-Way
Sec. 25-91. - Submission of plan prior to issuance of permit.
(a) Any contractor, subcontractor, corporation, firm, company, public utility or other individual who shall
undertake to perform any work within the traveled portion of any public right-of-way, when such work,
arrangement of equipment, condition of work area or activities associated with the conduct of such
work or traffic upon the street will create or potentially create a hazard to workmen, pedestrians or
motor vehicle operators upon the right-of-way or within an area adjacent thereto within the city, shall,
as an express condition precedent to the issuance of a building or street use permit for such work,
furnish to the director of engineering and transportation and/or the city engineer a scale plat or sketch
showing the work area, the space within the right-of-way required for the work and a proposed plan for
the use of barricades, signals, signs, flags, flares and other traffic-control and safety devices about the
work area. The plan will be referred to as the "barricade plan" and shall conform to the requirements
set forth in the Barricade Manual adopted by section 25-92 and shall be deemed a part of the issued
permit.
(b) The requirements contained in this section shall not apply as to permits or submission of plans when
work is conducted under emergency conditions. However, all requirements for proper barricading and
channelization as required in the Barricade Manual shall be met and such requirements will be
enforceable.
(c) "Emergency conditions," for the purpose of this section, means unforseen occurrences or conditions;
a sudden unexpected happening.
(Code 1966, § 21-55)
Sec. 25-93. - Additional requirements.
Where the city deems it necessary in order to avoid traffic congestion and in the interest of safety, it
may require that the work in public rights-of-way be done only at certain hours during the day or night,
that materials or equipment used in such work or dirt and materials removed from any excavation be
located other than adjacent to the work area and that any excavation be covered with materials of
sufficient strength and construction to permit vehicular traffic to pass over such excavation at peak
traffic hours.
(Code 1966, § 21-57)
Sec. 18-93. - Blocking roadway.
No person shall stop, stand or park any vehicle upon a street in such a manner or under such conditions
as to leave available less than ten (10) feet of the width of either lane of a roadway for free movement
of the vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading
of passengers or when necessary in obedience to traffic regulations or traffic signs or signals or a police
officer.
(Code 1966, § 24-117)
Sec. 18-94. - Parking or standing in alleys.
No person shall park a vehicle within an alley in such a manner or under such conditions as to have
available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic,
and no person shall stand or park a vehicle within an alley in such position as to block the driveway
entrance to any abutting property.
(Code 1966, § 24-125)