Skip to content
52

ARTICLE I. - IN GENERAL

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Sec. 106-1. - Traffic engineer.#

(a)

Appointed by the city manager. The city manager shall appoint a traffic engineer for the city who shall be in charge of all traffic control signs, signals and devices.

(b)

Term of office. The traffic engineer shall be appointed for an indefinite period and shall be subject to discharge at the will of the city manager.

(c)

Powers and duties. The powers and duties of the traffic engineer shall be to maintain traffic control signs, signals and devices as required under state law and may place and maintain such additional traffic control devices as he/she may deem necessary to regulate traffic under state law or to guide or warn traffic. It shall be the duty of the traffic engineer to supervise the installation and proper timing and maintenance of traffic control devices, and he/she may test traffic control devices under actual conditions of traffic.

(Ord. No. 2026-15, § 1, 4-20-26)

Sec. 106-2. - Adoption of Texas Transportation Code.#

The council hereby adopts the Texas Transportation Code, as amended from time to time, as heretofore and hereafter amended, and ordains that such act shall be in full force and effect upon all streets, roads, alleys, and thoroughfares within the city.

(Ord. No. 2026-15, § 1, 4-20-26)

Sec. 106-3. - Streets restricted to certain traffic.#

(a)

Except as otherwise provided in this section, it shall be unlawful and in violation of this chapter for any person to park, drive, operate, or move and/or to cause or permit to be parked, driven, operated or moved on a public street other than a state or federal highway within the corporate limits of the city any motor vehicle with or without load.

(b)

Exceptions to subsection (a) of this section shall be as follows:

(1)

Private passenger vehicles;

(2)

Trucks, truck tractors, road tractors, semi-trailers, motor buses, and commercial motor vehicles with a rated capacity of two and one-half tons or less;

(3)

Vehicles making deliveries, commercial movers, tow trucks, rented moving vans or trucks, power sweepers, farm trucks, school and church buses, tree trimming and any other vehicles in the course of providing a direct service or transporting people or goods;

(4)

Construction machinery while working in a construction site;

(5)

Organized and permitted parades;

(6)

Municipal and public utility vehicles while performing maintenance, inspection, repair, or other services, including those vehicles operated by firms with a franchise issued by the city or under contract with municipal government or a public utility;

(7)

Emergency vehicles operated by a governmental entity or nonprofit disaster relief organization; and

(8)

Recreational vehicles while enroute to be parked on private property.

(c)

Exceptions provided in subsection (b) do not include parking within 15 feet of a curb mailbox, nor within the sight triangle of intersecting public streets, nor on a publicly dedicated alley.

(d)

The parking of vehicles carrying flammable liquids in the fire limits shall continue to be regulated by section 46-2 of this Code of Ordinances.

(Ord. No. 2026-15, § 1, 4-20-26)

Sec. 106-04. - No through truck streets.#

(a)

Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized emergency trucks shall mean fire department trucks, police trucks, public ambulances for which permits have been issued by the state board of health, emergency trucks of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, private trucks operated by volunteer firemen or certified emergency medical volunteers while answering a fire alarm or responding to a medical emergency, and trucks owned by the state or by a political subdivision engaged in emergency utility repair or electric, water, or wastewater services.

Light truck shall mean any truck with a manufacturer's rated carrying capacity of 2,000 pounds or less, including trucks commonly known as pickup trucks, panel delivery trucks, and carryall trucks.

Proof of route shall mean a written verification of pick-ups, deliveries, or destinations, which may include a log book, delivery slip, shipping order, bill or any other document which identifies and specifies the date, address, and name of the person requesting or directing the pick-up or delivery and the destination of the pick-up or delivery.

Truck shall mean any motor vehicle designed, used or maintained primarily for the transportation of property, including "truck tractors," "road tractors," "trailers," "semi-trailers," "pole trailers," and "special mobile equipment" as those terms are defined in V.T.C.A., Transportation Code § 541.201.

Terms not defined herein shall be construed in accordance with customary usage.

(b)

Through truck traffic prohibited.

(1)

Regulation. A person commits an offense if the person operates a truck upon a public street designated as a no through truck street as established in subsection (c).

(2)

Affirmative defenses. It is an affirmative defense to prosecution under this section if:

a.

The vehicle was an authorized emergency vehicle;

b.

The vehicle was a school bus or light truck; or

c.

The truck:

1.

Was being driven to seek service or repairs at a facility that engages in the business or repairs of commercial motor vehicles or the truck was being driven to or from home or to fulfill a local commercial obligation to a buyer or seller at a given destination, evidenced by a bill of sale, invoice or other proof of route which shall be displayed immediately upon request; and

2.

The public street was the only route to such destination.

(c)

No through truck traffic routes designated. The following routes shall be designated as no through truck traffic routes and as shown on the attached exhibit "A":

Route Location

North Hill Street Between the intersections of North Hill Street and Highway 29 East, North Hill Street and FM 963.

Pecan Street and Coke Street Between the intersections of Pecan Street and South Water Street (281South), and the intersection of Coke Street and Polk Street (highway 29 East), through the intersection of Coke Street and Pecan Street.

(d)

The traffic engineer or his/her designee is directed to erect and place signs designating the above streets as no through truck streets.

EXHIBIT A

(Ord. No. 2026-15, § 1, 4-20-26)

Sec. 106-5. - Sidewalks.#

(a)

The city hereby designates the sidewalks in the following areas as a wheeled vehicle free area:

(1)

Area bounded by S Water Street on the west, W Polk St to the north, S Boundary St to the east and E League St to the south;

(2)

West Jackson Street to Hamilton Creek Park;

(3)

East Jackson Street to the railroad crossing; and

(4)

The Hamilton Creek Park area.

(b)

Wheeled vehicles, for purposes of this section is defined as every device, in which, or by which, any person or property is or may be transported or drawn upon a public sidewalk, including self-propelled devices such as bicycles, skateboards, roller skates/blades, motor scooters, motorcycles; but excluding wheel chairs, baby carriages, hand-drawn four-wheeled wagons and grocery carts.

(c)

Whoever shall operate a wheeled vehicle on the above designated sidewalks shall be guilty of a class C misdemeanor.

(Ord. No. 2026-15, § 1, 4-20-26)

Sec. 106-6. - Use of hand-held mobile telephones in school zones.#

(a)

Use of a hand-held mobile telephone is prohibited while operating a moving motor vehicle in a "school zone" on official school days and during hours when the school zone is in effect.

(b)

For purposes of this section, the following definitions apply:

Engaging in a call shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.

Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).

Hands-free mobile telephone shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic devices) is necessary to activate, deactivate, or initiate a function of such telephone.

Mobile telephone shall mean the device used by subscriber and other users of wireless telephone and/or data service to access such service and shall include personal digital assistants.

Personal digital assistant shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice.

Wireless telephone service shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network commonly referred to as cellular service or personal communication service.

(c)

Except as otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle on a public roadway in a school zone, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send and/or read a text message.

(d)

An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.

(e)

Subsection (c) shall not apply to:

(1)

The use of a mobile telephone for the sole purposes of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician's office or health clinic; the city's public safety facility;

(2)

Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or

(3)

The use of a hands-free mobile telephone when being used in a hands-free manner.

(f)

The violation of this section is a strict liability offense. Such offense shall be a class C misdemeanor punishable by a fine not to exceed the sum of $200.00. Each and every telephone call or text message shall be deemed to constitute a separate offense.

(Ord. No. 2026-15, § 1, 4-20-26)

Secs. 106-7—106-25. - Reserved.#