§ 45-452. Prohibited conduct; defenses.

(a)

During the hours between 6:00 a.m. and 7:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday, other than a holiday observed by the closure of city offices, it shall be unlawful within the city:

(1)

For any person other than a peace officer to conduct or engage in traffic direction; or

(2)

For any off-duty peace officer to conduct or engage in traffic direction unless a traffic control permit for that activity has been issued pursuant to this article; or

(3)

For any person to hire, employ or otherwise cause, suffer or permit any person to conduct or engage in traffic direction for or on behalf of such person, unless a traffic control permit has been issued pursuant to this article; or

(4)

For any person to conduct or engage in, or hire, employ or otherwise cause, suffer or permit another to conduct or engage in, traffic direction in violation of the terms of a traffic control permit.

(b)

It is an affirmative defense to prosecution under this section that:

(1)

The actor is an on-duty peace officer of a jurisdiction other than the city and is conducting or engaging in traffic direction within the legally authorized territory of that jurisdiction;

(2)

The actor is a peace officer of the city or another jurisdiction of this state and conducts or engages in traffic direction in an emergency situation, provided that the actor does not receive any additional compensation for conducting or engaging in the traffic direction; or

(3)

The actor is a school crossing guard acting pursuant to chapter 541 of the Texas Transportation Code and is conducting or engaging in traffic direction for the protection of children going to or leaving school within a school crossing zone.

(4)

The actor is otherwise expressly authorized by law to conduct or engage in traffic direction.

(Ord. No. 04-798, § 2, 7-28-04)