In this article, the following definitions shall apply:
Commercial motor vehicle.
A motor vehicle, other than a motorcycle, designed or used for:
(1) 
The transportation of property; or
(2) 
Delivery purposes.
Department.
The state department of transportation.
Manufactured house.
“Industrialized building” as defined by V.T.C.A., Occupations Code, ch. 1201, or “manufactured home” as defined by the Texas Manufactured Housing Standards Act V.T.C.A., Occupations Code, ch. 1201, as amended). The term includes a temporary chassis system or returnable undercarriage used for the transportation of a manufactured house and a transportable section of a manufactured house that is transported on a chassis system or returnable undercarriage that is constructed so that it cannot, without dismantling or destruction, be transported within the legal size limits for a motor vehicle.
Motor vehicle.
A vehicle that is self-propelled.
Passenger car.
A motor vehicle designed to transport 10 or fewer persons simultaneously.
Ready-mixed concrete truck.
A vehicle designed exclusively to transport or manufacture ready-mixed concrete, and includes a vehicle designed exclusively to transport and manufacture ready-mixed concrete; or to a concrete pump truck [sic].
Recyclable material.
Has the meaning assigned by section 361.421, Health and Safety Code, as amended.
Semi-trailer.
A vehicle without motive power that is designed or used with a motor vehicle so that some of its weight and the weight of its load rests on or is carried by the motor vehicle.
Single axle weight.
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.
Tandem axle weight.
The total weight transmitted to the road by two or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
Towing device.
A device used to tow a vehicle behind a motor vehicle by supporting one end of the towed vehicle above the surface of the road and permitting the wheels at the other end of the towed vehicle to remain in contact with the road.
Trailer.
A vehicle without motive power that is:
(1) 
Designed or used to carry property or passengers on its own structure exclusively; and
(2) 
Drawn by motor vehicle.
Truck-tractor.
A motor vehicle designed or used primarily for drawing another vehicle:
(1) 
That is not constructed to carry a load other than a part of the weight of the vehicle and a load being drawn; or
(2) 
That is engaged with a semitrailer in the transportation of automobiles or boats and that transports the automobiles or boats on part of the truck-tractor.
Vehicle.
A mechanical device, other than a device moved by human power or used exclusively upon stationary rails or tracks, in, on, or by which a person or property can be transported on a public highway. The term includes a motor vehicle, commercial motor vehicle, truck-tractor, trailer, or semitrailer but does not include manufactured housing as defined by the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code, ch. 1201, as amended).
Weight enforcement officer.
(1) 
A licensed weight inspector of the department of public safety;
(2) 
A highway patrol officer;
(3) 
A sheriff or sheriff’s deputy;
(4) 
A municipal police officer in a municipality with a population of:
(A) 
100,000 or more; or
(B) 
74,000 or more in a county with a population of more than 1.5 million; or
(5) 
A police officer certified under section 644.101 of the Texas Transportation Code, as amended.
(2001 Code, sec. 8.302)
Except as otherwise provided in this article:
(1) 
An offense under this article is a misdemeanor punishable:
(A) 
By a fine not to exceed two hundred dollars ($200.00);
(B) 
On conviction before the first anniversary of the date of a previous conviction under this section, by a fine not to exceed five hundred dollars ($500.00).
(2) 
Upon collection of a fine under this article by the town for an offense involving a vehicle having a single axle weight, tandem axle weight, or gross weight that is more than 5,000 pounds heavier than the vehicle’s allowable weight, the town shall send an amount equal to fifty percent (50%) of the fine to the comptroller of public accounts for the state.
(2001 Code, sec. 8.325)
(a) 
A person commits an offense if the person:
(1) 
Operates a vehicle, or combination of vehicles, in violation of the weight limits of this article;
(2) 
Loads a vehicle or causes a vehicle to be loaded in violation of the weight limits of this article.
(b) 
An offense under this section is a misdemeanor punishable by:
(1) 
A fine of not less than one hundred dollars and no/100 ($100.00) and not more than one hundred fifty dollars ($150.00);
(2) 
For a conviction of a offense involving a vehicle having a single axle weight, tandem axle weight or gross weight that is more than 5,000 pounds but not more than 10,000 pounds heavier than the vehicle’s available weight, a fine of not less than three hundred dollars ($300.00) or more than five hundred dollars ($500.00).
(2001 Code, sec. 8.324)
It shall be unlawful to operate on a public road or public highway, other than a state highway, within the territory of the town:
(1) 
An overweight, oversize, or overlength commodity that cannot reasonably be dismantled; and
(2) 
Super-heavy or oversize equipment for the transportation of an overweight, oversize, or overlength commodity that cannot be reasonably dismantled.
(2001 Code, sec. 8.301)
(a) 
A copy of the registration receipt issued by the state department of public safety for a commercial motor vehicle, truck-tractor, trailer, or semitrailer shall be:
(1) 
Carried on the vehicle when the vehicle is on a public highway; and
(2) 
Presented to an officer authorized to enforce this article on request of the officer.
(b) 
A copy of the registration receipt is:
(1) 
Admissible in evidence in any cause in which the gross registered weight of the vehicle is an issue; and
(2) 
Prima facie evidence of the gross weight for which the vehicle is registered.
(c) 
A person commits an offense if the person fails to carry or present a vehicle registration receipt.
(d) 
An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).
(2001 Code, sec. 8.303)
(a) 
A vehicle, or combination of vehicles, may not be operated over or on a public highway if the vehicle or combination has:
(1) 
A single axle weight heavier than 20,000 pounds, including all enforcement tolerances;
(2) 
A tandem axle weight heavier than 34,000 pounds, including all enforcement tolerances;
(3) 
An overall gross weight on a group of two or more consecutive axles heavier than the weight computed using the following formula and rounding the result to the nearest 500 pounds:
W = 500((LN/(N-1))+12N+36)
where W is the maximum overall gross weight on the group, L is distance in feet between the axles of the group that are farthest apart, and N is number of axles in the group; or
(4) 
Tires that carry a weight greater 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.
(b) 
Notwithstanding subsection (A)(3), two consecutive sets of tandem axles may carry a gross weight of not more than 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets is 36 feet or more. The overall gross weight on a vehicle may not be heavier than 80,000 pounds, including all enforcement tolerances, regardless of tire ratings, axle spacing (bridge), and number of axles.
(c) 
This section does not:
(1) 
Authorize size or weight limits on the national system of interstate and defense highways in this town greater than those permitted under 23 U.S.C. section 127, as amended; or
(2) 
Prohibit the operation of a vehicle or combination of vehicles that could be lawfully operated on a highway or road of this state on December 16, 1974.
(2001 Code, sec. 8.304)
Except as otherwise provided in Texas Transportation Code section 622.907, as amended, the following width limitations apply to any vehicle operated on a public highway within the town:
(1) 
The total width of a vehicle operated on a public highway may not be greater than 102 inches, other than a vehicle to which subsection (2) applies, including a load on the vehicle but excluding any safety device determined by the United States Department of Transportation or the state department of public safety to be necessary for the safe and efficient operation of motor vehicles of that type.
(2) 
The total width of a passenger vehicle and its load may not be greater than eight feet. This subsection does not apply to a motor bus or trolley bus operated exclusively in the territory of a municipality, in suburbs contiguous to the municipality, or in the county in which the municipality is located.
(3) 
A passenger vehicle may not carry a load extending more than three inches beyond the left side of its fenders or more than six inches beyond the right side of its fenders.
(2001 Code, sec. 8.305)
(a) 
A motor vehicle, other than a truck-tractor, may not be longer than 45 feet.
(b) 
A motor bus, as defined, that is longer than 35 feet but not longer than 45 feet may be operated on a highway if the motor bus is equipped with air brakes and has either three or more axles or a minimum of four tires on the rear axle.
(c) 
The limitation prescribed by subsection (a) does not apply to a house trailer or towable recreational vehicle or a combination of a house trailer or towable recreational vehicle and a motor vehicle. A house trailer or towable recreational vehicle and motor vehicle combination may not be longer than 65 feet.
(d) 
In this section, “house trailer” and “towable recreational vehicle” have the meanings assigned by the Texas Transportation Code.
(2001 Code, sec. 8.306)
(a) 
A semitrailer that is operated in a truck-tractor and semitrailer combination may not be longer than 59 feet, excluding the length of the towing device.
(b) 
A semitrailer or trailer that is operated in a truck-tractor, semitrailer, and trailer combination may not be longer than 28-1/2 feet, excluding the length of the towing device.
(c) 
The limitations prescribed by this section do not include any safety device determined by the regulations of the United States Department of Transportation or by rule of the department of public safety to be necessary for the safe and efficient operation of motor vehicles.
(d) 
The limitations prescribed by this section do not apply to a semitrailer or a trailer that has the dimensions of a semitrailer or trailer, as appropriate, that was being operated lawfully in this state on December 1, 1982.
(2001 Code, sec. 8.307)
(a) 
Except as otherwise provided by this article, a combination of not more than three vehicles, including a truck and semitrailer, truck and trailer, truck-tractor and semitrailer and trailer, or a truck-tractor and two trailers, may be coupled together if the combination of the vehicles, other than a truck-tractor combination, is not longer than 65 feet.
(b) 
A passenger car or other motor vehicle that has an unloaded weight of less than 2,500 pounds may not be coupled with more than one other vehicle or towing device at one time. This subsection does not apply to a disabled vehicle being taken to the nearest intake place for repair.
(c) 
A motor vehicle, including a passenger car, that has an unloaded weight of 2,500 pounds or more may be coupled with a towing device and one other vehicle.
(2001 Code, sec. 8.308)
(a) 
A vehicle or combination of vehicles may not carry a load that extends more than three feet beyond its front or, except as otherwise permitted by this article, more than four feet beyond its rear.
(b) 
Subsection (a) does not apply to vehicles collecting garbage, rubbish, refuse, or recyclable materials which are equipped with front-end loading attachments and containers provided that the vehicle is actively engaged in the collection of garbage, rubbish, refuse, or recyclable materials.
(2001 Code, sec. 8.309)
Notwithstanding section 12.04.011, a trailer may carry a load that extends more than four feet beyond the rear of the trailer if the load consists of a motor vehicle that:
(1) 
Is designed and intended to be carried at the rear of the trailer;
(2) 
Is used or intended to be used to load or unload a commodity on or off the trailer;
(3) 
Does not extend more than seven feet beyond the rear of the trailer; and
(4) 
Complies with each applicable federal motor carrier safety regulation.
(2001 Code, sec. 8.310)
A vehicle traveling on a public highway within the town shall be subject to the following height requirements:
(1) 
A vehicle and its load may not be higher than 14 feet.
(2) 
The operator of a vehicle that is higher than 13 feet 6 inches shall ensure that the vehicle will pass through each vertical clearance of a structure in its path without touching the structure.
(3) 
Any damage to a bridge, underpass, or similar structure that is caused by the height of a vehicle is the responsibility of the owner of the vehicle.
(2001 Code, sec. 8.311)
A ready-mixed concrete truck, as defined, transporting ready-mixed concrete or perishable product is subject to the following restrictions:
(1) 
Maximum weight.
(A) 
A ready-mixed concrete truck may be operated on a public highway of this town only if the tandem axle weight is not heavier than 46,000 pounds and the single axle weight is not heavier than 23,000 pounds.
(B) 
A truck may be operated in a way that exceeds the maximum single axle or tandem weight limitation by not more than ten percent (10%) if the gross weight is not heavier than 69,000 pounds.
(2) 
Special weight restrictions on specific streets.
(A) 
If the town council determines a public highway under its jurisdiction is insufficient to carry a load authorized by this section, the town council may prescribe rules governing the operation of a ready-mixed concrete truck over a public highway maintained by the town.
(B) 
The following weight limitations shall apply and no truck shall have:
(i) 
A tandem axle weight that is heavier than 36,000 pounds;
(ii) 
A single axle weight that is heavier than 12,000 pounds; or
(iii) 
A gross weight that is heavier than 48,000 pounds.
(3) 
Surety bond.
(A) 
The owner of a ready-mixed concrete truck with a tandem axle weight heavier than 34,000 pounds shall, before operating the vehicle on a public highway of this town, file with the town secretary a surety bond, subject to the approval of the town council, in the principal amount set by the town council, not to exceed $15,000.00 for each truck.
(B) 
The bond must be conditioned that the owner of the truck will pay to the town, within the limit of the bond, any damage to a highway caused by the operation of the truck.
(C) 
A copy of the bond shall be:
(i) 
Carried on the vehicle when the vehicle is on a public highway; and
(ii) 
Presented to an officer authorized to enforce this article on request of the officer.
(2001 Code, sec. 8.312)
A vehicle used exclusively to transport milk may be operated on a public highway of this town only if:
(1) 
The distance between the front wheel of the forward tandem axle and the rear wheel of the rear tandem axle, measured longitudinally, is 28 feet or more; and
(2) 
The weight carried on any group of axles is not heavier than 68,000 pounds.
(2001 Code, sec. 8.313)
(a) 
Applicability.
This section applies only to a vehicle, other than a tractor-trailer combination, only if the vehicle is equipped with a container roll-off unit or a front-end loader.
(b) 
Weight restrictions.
A single motor vehicle used exclusively to transport recyclable materials may be operated on a public highway only if the tandem axle weight is not heavier than 44,000 pounds, a single axle weight is not heavier than 21,000 pounds and the gross weight is not heavier than 64,000 pounds.
(c) 
Surety bond.
(1) 
Except as provided by subsection (3), the owner of a vehicle covered by this section with a tandem axle weight heavier than 34,000 pounds shall, before operating the vehicle on a public highway of this town, file with the town secretary a surety bond subject to the approval of the town in the principal amount set by the town, not to exceed $15,000.00 for each vehicle.
(2) 
The bond must be conditioned that the owner of the vehicle will pay, within the limits of the bond, to the town, any damage to a municipal street caused by the operation of the vehicle.
(3) 
Subsection (1) does not apply to a vehicle owned by the town.
(4) 
A copy of the bond shall be:
(A) 
Carried on the vehicle when the vehicle is on a public highway; and
(B) 
Presented to an officer authorized to enforce this article on request of the officer.
(2001 Code, sec. 8.314)
(a) 
The weight limitations of this article do not apply to a vehicle owned or operated by a public, private, or volunteer fire department.
(b) 
The weight of a fire department’s vehicle may not be heavier than the manufacturer’s gross vehicle weight capacity or axle design rating.
(2001 Code, sec. 8.315)
A permit is not required to exceed the weight limitations of this article by a combination of a tow truck and another vehicle or vehicle combination if:
(1) 
The nature of the service provided by the tow truck is to remove disabled, abandoned, or accident-damaged vehicles; and
(2) 
The tow truck is towing the other vehicle or vehicle combination directly to the nearest authorized place of repair, terminal, or vehicle storage facility.
(2001 Code, sec. 8.316)
(a) 
A manufactured house in excess of legal size limits for a motor vehicle may not be moved over a highway, road or street in this town except in accordance with a permit issued by the department.
(b) 
The town does not require a permit, bond, fee, or license, in addition to that required by the department, for the movement of a manufactured house.
(2001 Code, sec. 8.317)
(a) 
The town shall designate to the department the route in the town to be used by equipment described in section 12.04.019 moving over a state highway. The department shall show the designated route on each map routing the equipment.
(b) 
If the town does not designate a route, the department shall determine the route to be used by the equipment on a state highway within the town.
(c) 
The town will not require a fee or license for movement of a portable building unit on the route of a state highway designated by the department or the town.
(2001 Code, sec. 8.318)
Weight enforcement officers have exclusive authority to enforce this article within any area of the town. If the issuance of a citation is warranted, only a weight enforcement officer may take such action.
(2001 Code, sec. 8.319)
(a) 
A weight enforcement officer who has reason to believe that the single axle weight, tandem axle weight, or gross weight of a loaded motor weight is unlawful may:
(1) 
Weigh the vehicle using portable or stationary scales furnished or approved by the department of public safety; or
(2) 
Require the vehicle to be weighed by a public weigher.
(b) 
The officer may require that the vehicle be driven to the nearest available scales.
(c) 
Prior to assessment of a penalty for weight which exceeds the maximum allowable axle weight, the owner or operator is authorized to shift the load to reduce or eliminate such excess axle weight penalties as long as no part of the shipment is removed.
(2001 Code, sec. 8.320)
(a) 
If the gross weight of a motor vehicle weighed under section 12.04.022 is heavier than the weight equal to the maximum gross weight authorized by law for that vehicle plus a tolerance allowance equal to five percent (5%) of the maximum weight of that maximum weight [sic], the weight enforcement officer shall require the operator or owner of the vehicle to unload a part of a load necessary to decrease the gross weight of the vehicle to a gross weight that is not heavier than the weight equal to the vehicle’s maximum gross weight plus the applicable tolerance allowance.
(b) 
The owner or operator of the vehicle immediately shall unload the vehicle to the extent necessary to reduce the gross weight as required by subsection (a), and the vehicle may not be operated further over a public highway or road of this town until the gross weight has been reduced as required by subsection (a).
(2001 Code, sec. 8.321)
(a) 
If the axle weight of a motor vehicle weighed under this article is heavier than the maximum axle weight authorized by law for the vehicle plus a tolerance allowance equal to five percent (5%) of that maximum weight, the weight enforcement officer shall require the operator or owner to rearrange the vehicle’s cargo, if possible, to bring the vehicle’s axles within the maximum axle weight allowed by law for that vehicle. If the requirement cannot be satisfied by rearrangement of cargo, a part of the vehicle’s load shall be unloaded to decrease the axle weight to a weight that is not heavier than the maximum axle weight allowed by law for the vehicle plus the applicable tolerance allowance.
(b) 
This vehicle may not be operated further over the public highways or roads of the town until the axle weight of the vehicle has been reduced as required by subsection (a).
(2001 Code, sec. 8.322)
(a) 
The operator or owner of the vehicle is not required to unload any part of the vehicle’s load under section 12.04.023 or 12.04.024 if the vehicle is:
(1) 
A motor vehicle loaded with timber, pulpwood, or agricultural products in a natural state being transported from the place of production to the place of marketing or first processing; or
(2) 
A vehicle crossing a highway under contract to indemnify with the commission as provided by subchapter C, chapter 623, as amended, of the Texas Transportation Code.
(b) 
The operator of a motor vehicle may proceed to the vehicle’s destination without unloading the vehicle as required by section 12.04.023 or 12.04.024 if the vehicle is loaded with livestock.
(2001 Code, sec. 8.323)