The purpose of this article is to minimize damage, wear and tear on city streets and other rights-of-way; to provide for the safety of motorists and pedestrians; and to reduce noise, vibration, and other ill effects of large and heavy vehicles and vehicles carrying hazardous materials by directing such vehicles to streets where such negative impacts will be minimized.
(Ordinance 487 adopted 7/13/10)
The following words, terms, and phrases shall have the meaning ascribed to them in this article, except where the context clearly indicates a different meaning:
City.
The City of Sundown, Hockley County, Texas.
Gross vehicle weight rating (GVWR).
The total weight a vehicle is rated to carry by the manufacturer, including its own weight and the weight of its load.
Hazardous material.
Substances defined as a hazardous material, hazardous substance, or hazardous waste in Chapter 49 of the Code of Federal Regulations, Section 171.8.
Requiring placards.
The materials being transported are hazardous materials and are in sufficient quantity to require placards in accordance with federal law or regulations.
Restricted truck.
Any motor vehicle designed, used, or maintained primarily for the transportation of property, equipment, animals, materials, liquids, or other goods and having a manufacturer’s gross vehicle weight rating in excess of twenty-six thousand (26,000) pounds.
Restricted vehicle.
Any motor vehicle having a gross vehicle weight rating in excess of twenty-six thousand (26,000) pounds, except vehicles designed to carry passengers, or any vehicle transporting hazardous materials.
Truck-tractor.
Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(Ordinance 487 adopted 7/13/10)
(a) 
It shall be unlawful for any person to drive or operate a restricted vehicle, restricted truck or any truck-tractor, or vehicle carrying hazardous materials upon any street, alley, or other right-of-way within the city that is not designated as a truck and hazardous materials route. The following roadways within the city limits are designated as truck and hazardous materials routes:
(1) 
Farm to Market Rd 301; and
(2) 
Farm to Market Rd 303.
(b) 
Vehicles restricted to the streets or roadways designated as truck routes under this article may depart from such truck routes only where it is necessary to load or unload merchandise at locations situated off designated truck routes; provided, however, such vehicles shall not leave a designated truck route until they have reached a turning-off point that can be described as the shortest distance practical to the ultimate destination of the vehicle which is consistent with the reasonable operation of the vehicle. Vehicles restricted to truck routes, as provided for in this article, may depart from truck routes for the purpose of traveling to and from a truck terminal so long as such vehicle proceeds by the most direct route practical from the truck route to the terminal and so long as the vehicle does not use residential streets or roadways to reach a truck terminal.
(c) 
No person shall operate a restricted vehicle, restricted truck or a truck-tractor, or any vehicle carrying hazardous materials on any street not designated as a truck route without having in his or her possession a log book, delivery slip, or other evidence of destination and point of origin for such vehicle.
(Ordinance 487 adopted 7/13/10)
(a) 
No person shall transport, contract, arrange, or participate in the transport, contract, or arrangement to transport hazardous materials within the city unless such transport is conducted in compliance with this article.
(b) 
It is unlawful to drive or operate a truck, truck-tractor, or vehicle carrying hazardous materials within the city without having in possession an appropriate license for the type of vehicle and load, bills of lading or similar documents showing the destination and contents being hauled, to the extent such documentation is required under applicable laws or regulations.
(c) 
All documents must be provided to any certified peace officer or any fire department personnel when applicable, for inspection upon request.
(d) 
The operator of a vehicle used to transport hazardous material requiring placards shall apply and display appropriate placards meeting United States Department of Transportation specifications on each end and each side of the vehicle.
(e) 
Emergency response vehicles carrying hazardous materials are authorized to carry hazardous materials directly to or from the scene of an emergency, or for a public emergency purpose, specific to the function of responding to or addressing the emergency.
(Ordinance 487 adopted 7/13/10)
Provided the following types of trucks, truck-tractors, or vehicles carrying hazardous materials are being used for their primary functions at the times they are present off of a truck or hazardous materials route, this article shall not apply to:
(1) 
Trucks, truck-tractors, and vehicles carrying hazardous materials engaged in the construction, maintenance, or repair of city streets, utilities, or public infrastructure;
(2) 
Trucks, truck-tractors, and vehicles carrying hazardous materials used by public utility service companies engaged in providing or expanding their services within the city;
(3) 
Authorized emergency vehicles responding to emergency calls;
(4) 
Trucks, truck-tractors, and vehicles carrying hazardous materials used or operated by the city or its authorized contractors if being used in connection with official city business, including transit uses;
(5) 
Vehicles used by the city’s franchisees for the franchisee’s approved activities;
(6) 
School buses;
(7) 
Buses and other passenger vehicles designed to carry more than 15 passengers;
(8) 
Recreational vehicles and personal trailers.
As used in this article, recreational vehicles means a vehicular portable structure designed for a temporary or short-term occupancy for travel, recreational or vacation uses, including vacation travel trailers, converted buses, tent trailers or similar devices used for temporary portable housing. As used in this article, personal trailer means a wheeled device made to be hauled by a personal motor vehicle upon a road or highway, and includes a horse trailer, dog trailer, car trailer, motorcycle trailer, boat trailer, lawn equipment trailer, gooseneck trailer, and any other trailer designed and intended to be used to carry animals, boats, large items, or motor-driven means of transportation;
(9) 
Vehicles operating under a valid permit issued by the Texas Department of Transportation under the provision of Transportation Code, Section 623.071; or
(10) 
Vehicles being driven by the shortest route to or from the nearest truck or hazardous materials route directly to or from the private residence of the owner or authorized operator of the vehicle.
(Ordinance 487 adopted 7/13/10)
The city administrator is hereby authorized and directed to ensure that appropriate signage is maintained advising the public of the regulations imposed by this article.
(Ordinance 487 adopted 7/13/10)
(a) 
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding $2,000.00 per violation. Each day or fractional part thereof any violation of this article shall constitute a separate offense.
(b) 
The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(c) 
Any violation of this article of the city shall require a culpable mental state of “criminal negligence.” A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
(Ordinance 487 adopted 7/13/10)