The purpose and intent of this article is to provide regulations governing the operation of commercial motor vehicles over and along the designated truck routes provided herein and to provide regulations regarding the parking of commercial motor vehicles upon both private and public property.
(2004 Code, sec. 115.01)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Authorized emergency vehicle.
Any vehicles of the fire department or police department or public and private ambulances for which permits have [been] issued by the appropriate regulatory body; emergency vehicles of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city; private vehicles operated by volunteer fireman or certified emergency medical services employees or volunteers while answering a fire alarm or responding to a medical emergency; and vehicles operated by blood banks or tissue banks, accredited or approved under the laws of this state or the United States, while making emergency deliveries of blood, drugs, medicines or organs.
Business destination.
Any location within the city limits to which a commercial motor vehicle may travel for purposes of conducting the routine business activities normally associated with such vehicle. Business destinations shall include, but not be limited to, truck terminals, motor fuel stations, garages, places of repair, places of performing a service, and places of loading or unloading.
Commercial motor vehicle.
Any motor vehicle designed or used for the transportation of property, not including a passenger bus, passenger automobile, motorcycle, panel delivery truck, or pickup truck.
Motor vehicle.
Every vehicle which is self-propelled.
Operate.
To drive or be in actual physical control of a vehicle.
Point of business origin.
Any place within the city limits from which a commercial motor vehicle embarks for the purpose of conducting the routine business activities normally associated with such vehicle. Points of business origin shall include, but not be limited to, truck terminals, motor fuel stations, garages, places of repair, places of performing a service, and places of loading or unloading.
Roadway.
That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
Street.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, including any shoulder of any street or highway.
Truck [Truck tractor].
Every motor vehicle designed or 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.
Vehicle.
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, trucks, trailers, travel trailers and semi-trailers, severally, as herein defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(2004 Code, sec. 115.02)
Any person violating or failing to comply with any provision of this article shall be fined, upon conviction, in an amount not more than $500.00, and separate offenses shall be deemed committed each day during or on which a violation occurs or continues.
(2004 Code, sec. 115.99)
(a) 
No person shall operate or cause to be operated any truck or other commercial motor vehicle on a public street in the city without a business destination or point of business origin within the corporate limits of the city except upon streets designated as truck routes.
(b) 
The following streets and parts of streets are designated as truck routes:
(1) 
State Highway 289;
(2) 
Business State Highway 289;
(3) 
F.M. 455;
(4) 
F.M. 428;
(5) 
County Road 55; and
(6) 
County Road 95.
(c) 
It is an affirmative defense to prosecution under this section:
(1) 
That the truck or commercial motor vehicle was traveling to or from a truck route over the shortest practicable route to or from a truck terminal, garage, place of repair, place of performing a service, or place of loading and unloading. The operators of any such truck or commercial motor vehicle shall carry evidence of the location of its last stop and of its immediate destination in order for this defense to apply;
(2) 
That the vehicle is an emergency vehicle operating in response to any emergency call;
(3) 
That the vehicle is operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of said public utility and/or providing maintenance service to said facilities;
(4) 
That the vehicle is a municipal or other government entity vehicle performing official business; or
(5) 
That the vehicle is operating upon a city or state officially designated detour.
(Ordinance 2014-35 adopted 9/9/14)
(a) 
The director of engineering, or designee, shall maintain accurate maps setting out no truck routes on streets upon which no truck traffic is permitted. The maps shall be kept on file in the office of the city secretary and shall be available to the public.
(b) 
Signs indicating the “no truck route(s)” provided herein shall be placed or caused to be placed by the director of engineering, or designee, at the most advantageous points to be conspicuous to approaching vehicular, traffic. The signs shall be permanently affixed to a stationary post or installed on permanent buildings or walls or as otherwise approved. The signs shall in no way be obstructed from view and shall comply with applicable state laws.
(Ordinance 2014-35 adopted 9/9/14)