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HomeMy WebLinkAboutOrd 085-2003 No Bikes FM455 Fine.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 85-2003 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, PROHIBITING 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 VIOLATION; 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 a two lane, undivided roadway with no shoulders; and WHEREAS, this portion of said FM 455 contains numerous sharp curves and hills with extremely limited sight vision; and WHEREAS, this portion of said FM 455 is heavily traveled with the expectation of even heavier motor vehicle traffic as 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 presence of bicycles, tricycles, unicycles, and other man -powered means of transportation on said portion of FM 455 present a hazard to the motor vehicles traveling thereon and also a danger and peril to the operators of such man -powered transportation; and 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 prohibiting the operation of such man -powered means of transportation within the above- described limits of FM 455, as is hereinafter set forth; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS; 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. From and after the effective date of this Ordinance it shall be unlawful for any person to operate, push, pull, or walk a bicycle, tricycle, unicycle, or other man -powered means of transportation on the following roads or highways with the City of Anna, Texas: 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 07-08-2003 ORD Bicycles doc. Page I of 2 07-08-2003 Section 3. 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). Section 4. 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 5. 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 8t' day of July, 2003. Wayne Cummings City Secretary APPROVED: enneth Pelham Mayor 07-09-2003 ORD Bicycles doc. Page 2 of 2 07-08-2003