(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)