Ordinance 13-D-02 Drainage, Ditches, Rights-of-wayAMENDING CHAPTER 86, ARTICLE II OF THE CITY OF SCHERTZ,
TEXAS CODE OF ORDINANCES BY ADDING SECTIONS 86 -57.
THROUGH 86 -62.; ADOPTING NEW REGULATIONS CONTAINED
THEREIN TO PROHIBIT OPERATION OF ALL MOTOR VEHICLES AND
OFF - HIGHWAY MOTOR VEHICLES IN CITY DRAINAGE EASEMENTS,
DRAINAGE DITCHES, DRAINAGE RIGHTS -OF -WAY, AND OTHER
UNIMPROVED LAND IN THE CITY; DECLARING THE VIOLATION
THEREOF TO BE A CRIMINAL MISDEMEANOR; PROVIDING FOR
PUNISHMENT UPON CONVICTION BY A CRIMINAL FINE NOT TO
EXCEED $200; AUTHORIZING THE IMPOUNDMENT OF VEHICLES IN
THE EVENT OF REPEAT VIOLATIONS; AUTHORIZING THE POSTING
OF WARNING SIGNS; PROVIDING EXCEPTIONS FOR PUBLIC SAATY
AND MAINTENANCE VEHICLES AND CERTAIN USAGE BY PROPERTY
OWNERS; PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1,
2013; AND OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the City of Schertz, Texas (the "City ") includes within its boundaries
significant areas of land, both public and private, that are undeveloped and in many cases
unfenced and open to public access; and
WHEREAS, the City Staff has recommended that the City Council of the City restrict the
use of all motor vehicles designed for highway use and all off - highway motor vehicles on
unimproved lands to the extent reasonably necessary to protect the health, safety, security,
convenience, and repose of City residents, provide for the quiet enjoyment of their residences
and properties, and protect such lands from environmental damage and degradation, without
impairing necessary and appropriate access to public and private lands in the City; and
WHEREAS, the City Council of the City finds that the unrestricted operation of all motor
vehicles, including both off - highway motor vehicles and motor vehicles designed for highway
use, on unimproved lands can be harmful to the environment and frequently causes noise, dust,
odors, and other nuisances that are detrimental to the health, safety, security, convenience, and
repose of the City's residents, and deprives them of the quiet enjoyment of their residences and
properties; and
WHEREAS, the City Council of the City finds that it is in the best interest of the City to
restrict the use of all motor vehicles designed for highway use and all off - highway motor
vehicles on unimproved lands as set forth in this Ordinance; and
WHEREAS, the City Council of the City further finds that it is in the best interest of the
City to ensure that the restrictions set forth in this Ordinance are enforced by the imposition of
appropriate penalties for violations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ,,TEYAS:
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Section 1. The following Sections 86 -57. through 86 -62. are hereby added to Chapter
86 — Traffic and Motor Vehicles, Article II — Operation of Vehicles Generally, in the Code of
Ordinances for the City of Schertz:
Sec. 86-57. Definitions.
The following definitions shall apply to sections 86 -57. through 86 -62. of this Code.
All - terrain vehicle means a motor vehicle fifty (50) inches or less in width, having an
unladen dry weight of one thousand (1,000) pounds or less, traveling on three (3) or more low
pressure tires and having a seat designed to be straddled by the operator and handlebar -type
steering control.
Light truck means a truck, including a pickup truck, panel delivery truck, or carryall truck
that has a manufacturer's rated carrying capacity of two thousand (2,000) pounds or less.
Motor vehicle means a mechanical device used exclusively to transport a person or
property on a public highway and includes automobiles, trucks, truck- tractors, buses,
motorcycles, or any other device in or upon which any person or-property may be transported.
Motor vehicle means a vehicle that is self - propelled, including, without limitation, passenger
cars, light trucks, single axle vehicles, tandem axle vehicles, and any other vehicles that may
enter the market that fit the general profile of vehicles operated on the highway for transportation
purposes, as well as those that are identified by this Code, the Texas Constitution, or Texas
Statutes as motor vehicles.
Off - highway motorcycle means a motor vehicle traveling on not more than two (2) tires
and having a seat designed to be straddled by the operator and that has handlebar -type steering
control.
Off - highway motor vehicle means a non - agricultural motor vehicle designed by the
manufacturer for operation exclusively off the highway or road and includes all- terrain vehicles,
off - highway motorcycles, recreational off - highway vehicles, and any other vehicles that may
enter the market that fit the general profile of vehicles operated off the highway for recreational
purposes, as well as those that are identified by this Code, the Texas Constitution, or Texas
Statues as off - highway or recreational motor vehicles. Off - highway motor vehicle does not
include tractors or other equipment while such tractors and equipment are being used for
agricultural purposes.
Passenger car means a motor vehicle, other than a motorcycle, used to transport persons
and designed to accommodate ten (10) or fewer passengers including the operator.
Recreational off - highway vehicle means a motor vehicle designed for travel on four (4) or
more non - highway tires, for recreational use by one (1) or more persons, and having:
1. a steering wheel for steering control;
2. saddle seating for a rider and /or passenger;
3. maximum speed capability greater than thirty -five (35) miles per hour;
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4. gross vehicle weight rating no greater than one thousand seven hundred and fifty
(1,750) pounds;
5. less than eighty (80) inches in overall width, exclusive of accessories;
6. engine displacement of less than one thousand (1,000) cubic centimeters; and
7. identification by means of a seventeen - character vehicle identification number.
Single axle vehicle means a unit whose center may be included between two (2) parallel
transverse vertical planes approximately forty (40) inches apart, extending across the full width
of the vehicle.
Tandem axle vehicle means a unit whose weight is transmitted to the road by two (2) or
more consecutive axles which centers may be included between parallel transverse vertical
planes spaced more than forty (40) inches and not more than ninety -six (96) inches apart,
extending across the full width of the vehicle.
Unimproved land means any tract or parcel of land which lacks any above ground
structure or facilities designed, intended, or operated for residential, commercial, or agricultural
use. The presence of improved drainage ditches, drainage easements, or drainage rights -of -way
on such tract or parcel does not affect the status of such tract or parcel as unimproved land.
Unimproved land includes, but is not limited to, dikes, levees, and roads or paths providing
access adjacent to drainage ditches, drainage easements, and drainage rights -of -way that have
been dedicated, granted, or conveyed to, or acquired by, the City.
Watercourse means any natural or artificial feature that conveys water within a defined
channel, whether on a regular or intermittent basis, and includes, but is not limited to, canals,
drainage ditches, flood control channels, and retention or detention basins associated with any
such water conveyance feature.
Sec. 86 -58. Operation of motor vehicles in City drainage easements, drainage ditches,
and drainage rights -of -way prohibited.
It shall be unlawful to operate a motor vehicle or off - highway motor vehicle upon or in
any watercourse, drainage way, natural channel, stream or other location that has been dedicated,
granted, or conveyed to, or acquired by, the City as a drainage easement, drainage ditch, or
drainage right -of -way.
Section 86 -59. General limitation on operation of motor vehicles and off - highway
motor vehicles on unimproved land.
(a) It shall be unlawful to operate any motor vehicle upon or in any watercourse,
drainage way, natural channel, stream, or any unimproved land that has been
dedicated, granted, or conveyed to, or acquired by, the City, except within areas
clearly designated and set aside for motor vehicle use such as paved, graveled, or
graded roadways, driveways, alleys, and designated parking areas.
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(b) No person shall operate any motor vehicles or off - highway motor vehicles within
any canal, ditch, or other watercourse or waterway, perennial or intermittent,
within the City, regardless of whether any water is flowing in such watercourse or
waterway at the time.
(c) No person shall operate any motor vehicle or any off - highway motor vehicle on
any irrigation ditch banks or levees.
(d) The operation of all motor vehicles and all off - highway motor vehicles on
designated trails and similar pedestrian passages and pedestrian rights -of -way that
have been dedicated, granted, or conveyed to, or acquired by, the City is expressly
prohibited.
Sec. 86 -60. Posting of warning signs.
The Director of Public Works, or his or her designee, is authorized to erect and post signs
along drainage easements, drainage ditches, drainage rights -of -way, and other unimproved lands
warning persons that operation of all motor vehicles and all off - highway motor vehicles is
prohibited.
Sec. 86 -61. Exceptions: Public safety and maintenance vehicles and vehicles operated
by property owners; Proof of authorization.
The foregoing limitations and prohibitions contained in sections 86 -58. and 86 -59. shall
be subject to the following exceptions for permitted uses, which shall be strictly construed:
(a) Operation of a motor vehicle on private property by the owner of such private
property;
(b) Operation of public safety vehicles on any lands, public or private; and
(c) Operation of maintenance and service vehicles of the City, Guadalupe County,
Bexar County, Comal County, CCMA, or GBRA, as well as any other authorized
public bodies, including the contractors and agents thereof, on the land,
easements, and rights -of -way of such public bodies.
Any person operating any motor vehicle or off - highway motor vehicle on
unimproved land with the written approval of the owner thereof shall have such written approval
in his or her possession and available for inspection at all times while operating the motor
vehicle or off - highway motor vehicle on such lands.
Section 86 -62. Penalties — Misdemeanor; Fine; Towing.
(a) Any person who shall violate any of the provisions of sections 86.57. through
86.61. of this chapter 86, article Il shall be deemed guilty of a class C
misdemeanor and upon conviction thereof shall be punished by a fine not to
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exceed more than two hundred dollars ($200.00). Each day any violation shall
continue shall constitute a separate offense.
(b) In addition, if a person is convicted of violating, or pleads no contest to the charge
of violating, the provisions of sections 86.57. through 86.61. of this chapter 86,
article II, the City shall be authorized, in connection with any subsequent
violation of sections 86.57. through 86.61. of this chapter 86, article II within one
(1) calendar year from the initial violation or plea of no contest, to cause the
vehicle involved in the subsequent violation to be towed and stored by an
authorized wrecker service. Such vehicle will only be released to the owner upon
payment of all towing and storage fees duly imposed by the wrecker service
provider. If the person operating the motor vehicle does not appear to be the
registered owner thereof, the City shall cause notice of the towing to be sent by
certified or registered mail or delivered by other reliable means, including
personal service, to the registered owner of the vehicle shown in the records of the
State's motor vehicle division.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with
any provisiori of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision .to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective as of February 1, 2013 and any publication
required by law.
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PASSED ON FIRST READING, the 15th day of January, 2013.
PASSED, APPROVED, and ADOPTED ON SECOND READING, the 29th day of
January, 2013.
._.._ .............
CITY QF SCHERTZ;XAS
J7
Mayor, Michael R. Carpenter
ATTEST:
rM-y Secretary Brenda Dennis
;CITY SEAL)
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