HomeMy WebLinkAboutOrd 267-2006 Temporary Restricting Bicycles along portions of FM 455.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 267-2006
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, TEMPORARILY
RESTRICTING THE USE OF BICYCLES ALONG A PORTION OF FARM TO
MARKET ROAD 455 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE
NOT TO EXCEED $200; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Farm to Market Road 455 (FM 455) between State Highway 5 and East
Fork Creek, within the corporate limits of the City of Anna, Texas, is currently a two
lane, undivided roadway with no shoulders; and
WHEREAS, this portion of said FM 455 currently contains numerous sharp curves and
hills with extremely limited sight vision; and
WHEREAS, this portion of said FM 455 is currently heavily traveled with the
expectation of even heavier motor vehicle traffic as commercial development and
residential subdivision along this roadway continues; and
WHEREAS, the City Council of the City of Anna, after careful consideration of the
matter, has determined that the normal operation of bicycles, tricycles, unicycles, and
other man-powered transportation machines (hereinafter collectively referred to as
"bicycle") on said portion of FM 455 present an unreasonable hazard to the motor
vehicles traveling thereon and also an unreasonable danger and peril to the operators of
such man-powered transportation; and
WHEREAS, the speed limits on this said portion of FM 455 are in excess of what would
allow for the safe use of bicycles on said portion of FM455;
WHEREAS, FJCLUDE ANY OTHER FINDINGS BY THE EXPERTS THAT WILL
TESTIFY IN FAVOR OF THE ORDINANCE]
WHEREAS, the City Council of the City of Anna has determined that the public health,
safety, and welfare of the City of Anna and its citizens will be enhanced, protected, and
furthered by temporarily restricting the operation of bicycles within the abovedescribed
limits of FM 455, as is hereinafter set forth;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS;
Ord No. 267-2006 Temporarily Restricting Bicycles 1
Section 1. The findings of fact, conclusions, and other matters set out in the preamble
of this Ordinance are hereby adopted and made a part of the body of this Ordinance, the
same as if they had been recited herein in full.
Section 2. This Ordinance repeals Ordinance 85-2003 previously adopted on July 8,
2003.
Section 2. From and after the effective date of this Ordinance it shall be unlawhl for
any person to ride on or operate a bicycle on the following roads or highways within the
corporate boundaries of the City of Anna, Texas, to the following extent:
Street Extent
Farm to Market Road 455 Beginning at State Highway 5 (S. Powell Parkway) and
continuing in a westerly direction to East Fork Creek
Section 3. The restriction set forth in Section 2 of this Ordinance does not restrict a
person fiom walking, carrying, pulling or pushing a bicycle if the person is in a
dismounted position, in full control of the bicycle and no part of the bicycle is in contact
with any portion of the road(s) or highway(s) identified in said section.
Section 4. Any person may submit a written petition addressed to the City Council
requesting amendment or repeal of any part of the restriction(s) in Section 2 of this
Ordinance. The petition must be submitted to the City Secretary. The Council must hold
a public hearing and act on said petition within 45 days of the City's receipt of the
petition. Failure to hold a public hearing or act on a petition is deemed a rejection of the
petition and does not constitute a violation of this Ordinance. The petition must: (1) be in
writing; (2) identify the petitioner by name, address, and telephone number; (3) describe
with particularity all information and evidence supporting the petitioner's request; and
identify any person(s)--by name, address and telephone number-who intends to be
called by the petitioner or heard by the Council at the ensuing public hearing. If the
petitioner or any other person intends to provide a written report or other written
materials at the public hearing, copies of those materials must be submitted with the
Petition. The City Secretary shall not accept or file any petition if it is submitted before
the expiration of 120 days after the Council has held a public hearing in connection with
any petition duly filed under this Section. This Section does not prevent any Council
member fiom taking any action otherwise available to seek amendment or repeal of this
Ordinance at any time.
Section 5. Reserved
Section 6. Any person violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Hundred Dollars ($200.00).
Ord No. 267-2006 Temporarily Restricting Bicycles 2
Section 7. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and
if any phrase, clause, sentence, or section of this Ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining
phrase, clause, sentence, paragraph, or section of this Ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
Section 8. This Ordinance shall be come effective immediately from and after its
passage and publication as required by law.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, this the
13th day of June, 2006.
ATTEST: APPROVED:
City Secretary
Ord No. 267-2006 Temporarily Restricting Bicycles 3