(a)
Except
as otherwise provided in this article, it shall be unlawful for any
person to drive, operate or move, or to cause or permit to be driven,
operated, or moved, on any public street within the city, any commercial
motor vehicle with or without load, contrary to any of the regulations
contained in this section.
(b)
Commercial
motor vehicles shall be subject to the vehicle size and weight limitations
and restrictions delineated in V.T.C.A., Transportation Code Ch. 621
and to the commercial motor vehicle safety standards delineated in
V.T.C.A., Transportation Code Ch. 644.
(c)
No
commercial motor vehicle, truck-tractor, trailer, semitrailer nor
combination of such vehicles shall be operated or caused to be operated
or permitted to be operated upon any public street within the city
having a weight in excess of any one or more of the following limitations:
(1)
In no event shall the total gross weight, with load, of any vehicle
or combination of vehicles, exceed 80,000 pounds.
(2)
No single axle shall carry a load in excess of 20,000 pounds. A single
axle weight shall be defined as the total weight transmitted to the
road by all wheels whose centers may be included between two parallel
transverse vertical planes 40 inches apart, extending across the full
width of the vehicle.
(3)
The total gross weight concentrated on the roadway surface from any
tandem axle group shall not exceed 34,000 pounds for each such tandem
axle group. Tandem axle weight shall be defined as the total weight
transmitted to the road by two or more consecutive axles whose centers
may be included between two parallel transverse vertical planes spaced
more than 40 inches and not more than 96 inches apart, extending across
the full width of the vehicle.
(4)
Vehicles used exclusively to transport ready-mix concrete may be
operated upon the public streets of the city with a tandem axle load
not to exceed 46,000 pounds, a single axle load not to exceed 23,000
pounds and a gross load not to exceed 69,000 pounds. Before any vehicle
used exclusively to transport ready-mixed concrete with a tandem axle
load in excess of 34,000 pounds may be operated upon the public streets
of the city, the owner thereof shall file with the police department
a surety bond in the sum of $15,000.00. Such bond shall be conditioned
that the owner of such vehicle will pay to the city, within the limit
of the bond, all damages done to the public streets and roadways by
reason of the operation of such vehicle with a tandem axle load in
excess of 34,000 pounds.
(5)
The tires shall not carry a weight heavier than the weight specified
and marked on the sidewall of the tire, unless the vehicle is being
operated under the terms of a special permit issued by the state.
(d)
The
provisions of this section shall not apply to:
(1)
Any person operating or causing to be operated a motor vehicle under
a valid and subsisting permit for the operation of overweight or oversize
equipment for the transportation of such commodities as cannot be
reasonably dismantled issued by the state department of transportation
or the city under the provisions of V.T.C.A., Transportation Code
Ch. 623.
(2)
Emergency vehicles operating in response to any emergency call.
(3)
Vehicles operated for the purpose of constructing or maintaining
any public utility or street in the city.
(4)
A single motor vehicle used exclusively to transport recyclable materials
may be operated in accordance with V.T.C.A., Transportation Code §
622.133.
(5)
Vehicles used exclusively to transport milk may be operated in accordance
with V.T.C.A., Transportation Code § 622.031.
(6)
Vehicles operated on state highways in accordance with V.T.C.A.,
Transportation Code § 623.071.
(e)
The permits referred to in subsection (d)(1) of this section shall be subject to the following:
(1)
Upon written application timely made by any person who desires to
operate or cause to be operated on the public streets within the city,
overweight or oversize equipment for the transportation of such commodities
as cannot be reasonably dismantled, where the total gross weight or
size of the vehicle and its load exceed the limits allowed by this
section, the police department may issue a permit for the operation
of such equipment or fleets of equipment for a specified period of
time, over a route or routes to be designated by the police department,
if such routes can be determined at the time application for the permit
is made.
(2)
The application for the permit provided for in this article shall
be in writing and contain the following:
(3)
Before a permit is issued under this article, the applicant for the
same shall file with the police department a bond in an amount to
be set and approved by the police department. The amount of such bond
shall not exceed the product of the number of vehicles for which a
permit is sought multiplied by $15,000.00, which bond shall be payable
to the City of Euless and conditioned that the applicant will pay
to the city the sum of money necessary to repair any damage which
might be occasioned to any public street or publicly owned fixture
appurtenant to such street by virtue of operation of any commercial
vehicle under such permit. Venue of any suit for recovery upon the
bond shall be in Tarrant County and any bond issued hereunder shall
contain an unambiguous contractual provision to that effect.
(5)
Any permit issued hereunder shall include at least the following:
a.
The name of the applicant, the date or dates of the operation, and
a description of the equipment to be operated;
b.
The signature of an authorized member of the police department;
c.
The dates for which the permit is issued; and
d.
The specified street or streets over which the equipment is to be
operated.
(Ordinance 1899, § 1, 1-25-11)
(a)
It
shall be unlawful for any person to operate or permit to be operated
or aid in the operation of a vehicle on the public streets of the
city in violation of this article. The appropriate officers of the
police department are empowered to enforce the provisions of this
article.
(b)
It
shall be unlawful for any person to load, or cause to be loaded, a
vehicle for operation on the public streets of the city with the intent
to violate the weight limitations established in this article. Intent
to violate such limitations is presumed if the loaded vehicle exceeds
the applicable gross vehicular weight limit by 15 percent or more.
(Ordinance 1899, § 1, 1-25-11)
Any police officer certified as a commercial motor vehicle inspector
having reason to believe that the gross weight, vehicle tire load
limit, or axle load of a loaded motor vehicle is unlawful, is authorized
to weigh the same by means of a portable or stationary scales, and
to require that such vehicle be driven to the nearest available scales
for the purpose of weighing. If a vehicle is found to be in violation
of the weight limits set out in this article, the driver of the vehicle
may be issued a citation. An offense under this article is punishable
by a fine not to exceed the maximum amount set by federal and state
law.
(Ordinance 1899, § 1, 1-25-11)
