(a) Purpose.
The purpose of this article is to establish
general regulations controlling through heavy truck traffic for certain
trucks driving or operating on streets, roadways or rights-of-way,
or any segment thereof, within the corporate limits of the city.
(b) Applicability.
The provisions of this article prohibiting
the driving or operation of heavy trucks shall apply at all times
or at those times herein specified or as indicated by official signs
or in compliance with the directions of a police officer or official
traffic-control device.
(c) Definitions.
The terms recited herein shall have the
following meanings:
(1) Types of vehicles named shall have the meanings ascribed to them
in the Texas Transportation Code, section 502.001, and as hereafter
amended.
(2) For purposes of this article, “heavy truck” means any
truck or tractor-trailer combination that has dual wheels or tandem
rear axles and which has a rated capacity of 12,000 pounds gross vehicle
weight (GVW).
(d) Operation on certain streets prohibited.
It shall be
unlawful for any person to drive or operate any prohibited heavy truck
on any street, roadway, or right-of-way or segment of such street,
roadway, or right-of-way within the city limits when such prohibition
is visible on a sign or signs prohibiting through truck traffic; provided,
however, that this prohibition shall not apply to trucks being used
to make deliveries or pickups from a residence or business located
on said street or street segment. When signs are erected giving notice
thereof, through heavy truck traffic shall be prohibited upon those
streets or portions of streets as follows:
(1) All roadways designated as residential streets, as currently or hereafter
from time to time designated by official city zoning maps, and including
the following streets which are mixed residential and commercial:
Front Street, West Street, Main Street, Farley Street, and East Street.
(2) On FM 1660 North from Limmer Loop to U.S. 79.
(e) Liability for violation.
No person shall knowingly cause,
allow, permit or suffer any truck owned by him/her or registered in
his/her name or operated by him/her to drive or operate in violation
of any provision of this article or state law. Proof that a vehicle
found so driven or operated was registered in a person’s name
shall constitute prima facie evidence that such person caused, allowed,
suffered or permitted the vehicle to be driven or operated at the
place where such violation occurred.
(1) Except as provided in subsection
(2) below, the registered owner and the operator of a vehicle, when not the same, shall both be liable to the city for a moving violation charge, unless the owner can prove that the vehicle was operated without his/her express or implied consent. Payment of the fine, costs, and fees by either the owner or operator shall operate as final disposition of the moving violation charge.
(2) A vehicle owner who is engaged in the business of renting or leasing
vehicles under written rental or leasing agreements shall not be liable
for fines, costs, and fees imposed by the city on a rented or leased
vehicle if, within thirty (30) days after receiving written notice
of a violation under this article, the owner provides in sworn affidavit
form the true name, address, driver’s license number and state
of issuance of the person in possession of the vehicle at the time
the citation was issued, or a true copy of the lease or rental agreement
in effect at the time the citation was issued.
(f) Enforcement.
It shall be the duty of the chief of police
or any other police officer having jurisdiction within the corporate
limits of the city to enforce the provisions of this article.
(g) Penalty.
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city or in any other court of proper jurisdiction, shall be subject to a fine in accordance with the general penalty in section
1.01.009 of this code for each offense; except, however, where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law; and for any offense which is a violation of any provision of law that governs fire safety, zoning, or public health and sanitation, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each offense hereunder shall constitute a separate offense, and each and every day said violation is continued shall constitute a separate offense.
(Ordinance O-13-11-21-10A adopted 11/21/13; Ordinance O-13-07-11-11A1 adopted 7/11/13)
(a) It shall be unlawful to park any heavy truck, semitrailer, recreational
vehicle or tractor-truck having a rated capacity of 12,000 pounds
gross vehicle weight (GVW) or more on any city street, roadway, or
right-of-way, or segment thereof, in any residential zone, as currently
or hereafter from time to time designated by official city zoning
maps, at any times except the following: When the operator is using
such motor vehicle or trailer to make a bona fide pickup or delivery,
provided that the operator furnishes satisfactory evidence to that
effect upon demand of a peace officer and further provided that the
operator removes such motor vehicle or trailer from the restricted
area immediately upon completion of the same pickup or delivery.
(b) The following vehicles and types of vehicles are excluded under the
following circumstances:
(1) Maintenance vehicles and trailers owned and/or operated by or on
behalf of the city or any public utility or governmental entity.
(2) Authorized emergency vehicles as defined in Texas Transportation
Code section 541.201, or any amendments thereto, provided such vehicle
is conclusively identified.
(3) School buses and/or commercial buses actually engaged in the receiving
or discharging of passengers.
(4) Recreational vehicles and/or recreational trailers for a period of
not more than forty-eight (48) consecutive hours and not more than
fifteen (15) cumulative days in any one year.
(5) Motor vehicles and/or trailers at or on an active jobsite.
(6) HUD-code manufactured homes or house trailers (mobile homes) on private
property that have an approved building permit or are otherwise grandfathered
or are legally nonconforming.
(c) It shall be the duty of the chief of police or any other police officer
having jurisdiction within the corporate limits of the city to enforce
the provisions of this section.
(d) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city or in any other court of proper jurisdiction, shall be subject to a fine in accordance with the general penalty in section
1.01.009 of this code for each offense; except, however, where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law; and for any offense which is a violation of any provision of law that governs fire safety, zoning, or public health and sanitation, the penalty shall be in accordance with the general penalty in section
1.01.009 of this code for each offense; and each offense hereunder shall constitute a separate offense, and each and every day said violation is continued shall constitute a separate offense.
(Ordinance O-13-07-11-11A1 adopted 7/11/13)