This article shall be known and shall be cited as the regulations for commercial vehicles on public streets.
(Ordinance 01152019A, sec. I, adopted 1/15/19)
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.
means the City of Bells, Texas, and its incorporated city limits.
means a truck-tractor, semi-trailer, truck or trailer or any other commercial [vehicle] with a rated carrying capacity of two (2) tons or more according to the manufacturer’s classification. Commercial trucks shall not include vehicles carrying or designated to carry passengers, all governmentally owned or leased vehicles, public utility vehicles, motor homes, recreational vehicles, or vehicles used exclusively to transport personal possessions or family members for non-business purposes.
means any street, alley, sidewalk, or highway within the incorporated city limits, except U.S. Highway 56 (Bells Blvd.), U.S. Highway 69 (Pecan Street), U.S. Highway 82 and Farm to Market 1897 (Ole Ambrose Rd.), which shall be exempt from this article, and any other such roads that may hereafter be designated by the city council.
means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, vehicle [sic] or combination of vehicles, truck-tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(Ordinance 01152019A, sec. II, adopted 1/15/19)
Each day that a person remains in violation of this article shall constitute a separate offense. In the prosecution of an alleged violation of this article, no proof of a culpable mental state shall be required. A person who violates this article shall be guilty of a class C misdemeanor and shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each day or part thereof that the violation occurs. The registered owner of the vehicle and/or the driver is considered the responsible party.
(Ordinance 01152019A, sec. IX, adopted 1/15/19; Ordinance adopting Code)
The city police department, code enforcement and/or any peace officer shall have the authority to enforce this article and said officer shall have the right and power to take any such vehicle he suspects to be operating with a weight in excess of the limit to the nearest available public scale for weighing, and such weight shall be prima facie evidence as to the true and correct weight of said vehicle.
(Ordinance 01152019A, sec. VIII, adopted 1/15/19)
The provisions of this article shall not apply to:
(1)
Emergency vehicles operating in response to any emergency call;
(2)
A vehicle traveling to or from areas served directly by the roads, streets and/or highways listed in this article for the purpose of providing repair or maintenance service or loading or unloading goods, wares or merchandise, provided such vehicle is operated over the shortest possible route, and the operator of such vehicle has in his immediate possession evidence of the local destination and point of origin;
(3)
Commercial trucks owned and/or operated by and/or on behalf of a governmental entity, a public utility and/or any contractor or materialman, while engaged in the repair, maintenance or construction of roads, streets and/or highways, and/or road, street and/or highway improvements and/or utilities within the city;
(4)
Commercial trucks owned and/or operated by and/or on behalf of a governmental entity while engaging in and/or performing official, authorized government-related business; and
(5)
Commercial trucks operating upon a city or state officially designated detour.
(Ordinance 01152019A, sec. III, adopted 1/15/19)
Any person, firm or corporation which operates or causes to operate a vehicle upon the public streets, as hereinbefore defined, of this city with a gross weight in excess of 30,000 pounds, or a single axle weight in excess of 18,000 pounds, shall be in violation of the law. Exceptions to this section are vehicles temporarily operated for pickup and delivery that may not be done by staying upon one of the four public highways defined herein.
(Ordinance 01152019A, sec. IV, adopted 1/15/19)
It shall be unlawful for any owner or person in control of a commercial vehicle, as defined herein, to leave, park, or stand, or permit the leaving, parking, or standing, of such vehicle upon any public street, alley, parkway, or other property owned or controlled by any unit of government, except that this section shall not apply to:
(1)
Commercial vehicles while being used for street construction, maintenance, or repair;
(2)
Commercial vehicles being utilized by a company engaged in extending public service utilities;
(3)
Passenger buses taking on or discharging passengers at an approved bus stop;
(4)
A commercial vehicle parked in a loading zone for the purpose of loading or unloading freight or merchandise to a lawfully zoned business;
(5)
A commercial vehicle parked for the purpose of delivering or picking up merchandise to or from a specific designated location or loading or unloading personal property to or from a specific designated location; and
(6)
A commercial vehicle experiencing a mechanical defect making it unsafe or impossible to proceed, for such period of time as emergency repairs are made or, if repairs cannot be made within three hours, until a tow truck arrives.
(Ordinance 01152019A, sec. V, adopted 1/15/19)
It shall be unlawful for any owner or person in control of a commercial vehicle to leave, park, or stand, or permit the leaving, parking or standing, of such vehicle within any area of the city zoned residential according to the city planning and zoning classifications, except that this section shall not apply to a commercial vehicle parked for the purpose of delivering or picking up merchandise to or from a specific designated location or loading or unloading personal property to or from a specific designated location while in the normal course of business for which the commercial vehicle operates. Said loading and/or unloading shall not exceed three (3) hours in any case and shall not obstruct a designated fire hydrant.
(Ordinance 01152019A, sec. VI, adopted 1/15/19)
(a)
It shall be unlawful for any owner or person in control of a commercial vehicle set forth herein to leave, park, or stand a commercial vehicle, or permit the leaving, parking, or standing of a commercial vehicle, upon property within an area zoned nonresidential according to the city planning and zoning classifications, except where one or more of the following conditions exist:
(1)
The commercial vehicle is parked upon a parking surface that meets the standards set forth in the city planning and zoning ordinance within an area zoned industrial according to the city planning and zoning ordinance and does not obstruct a designated fire lane.
(2)
The commercial vehicle is parked or standing for no longer than three (3) hours for the purpose of loading or unloading passengers, freight or merchandise, and does not obstruct a designated fire lane.
(3)
The commercial vehicle is parked or standing for no longer than three (3) hours at a retail business or restaurant while the driver of the vehicle is a customer of the retail business or restaurant and does not obstruct a designated fire lane.
(4)
The commercial vehicle is parked at a lawfully zoned business establishment, where such commercial vehicle is utilized as an integral part of such lawfully zoned business, and does not obstruct a designated fire lane.
(5)
The commercial vehicle is a passenger bus parked on a parking lot during such a period as the bus passengers are attending an event at a facility zoned for such activities, or are customers at a retail center, during such periods of time that the bus passengers are customers, provided that under no circumstances does the commercial vehicle obstruct a designated fire lane.
(6)
The commercial vehicle parked is parked in a designated area at an exhibit or exhibition, or similar facility, when the commercial vehicle is involved in the delivery and removal of equipment, products, merchandise, livestock or other items to and from the facility, and does not obstruct a designated fire lane.
(7)
The commercial vehicle is truck or trailer no greater than twenty-six (26) feet in length, bumper to bumper, being driven by an individual who has rented the vehicle from a commercial business for the purpose of transporting his personal property from one location to another, and does not obstruct a designated fire lane.
(b)
It shall be unlawful for any owner or person in control of a commercial vehicle set forth herein to leave, park, or stand a trailer or semi-trailer or permit the leaving, parking, or standing of a trailer or semi-trailer upon property within an area zoned nonresidential according to the city planning and zoning ordinance, except where said trailer or semi-trailer is an integral part of a lawfully zoned business.
(Ordinance 01152019A, sec. VII, adopted 1/15/19)