For the purposes of this article, the following terms shall have the following meanings ascribed to them:
Commercial truck.
Any motor vehicle designed or used for the transportation of property, excluding a passenger bus, passenger automobile, motorcycle, panel delivery truck or pickup truck.
Hazardous material.
Any quantity, group, form or class of material designated as hazardous material in any official publication of the Secretary of Transportation of the United States under the authority of 27 U.S.C.A., section 1803 (1976), as amended.
Motorbus.
A vehicle which is used for transporting persons upon public streets for compensation or hire and that has a passenger carrying capacity of more than sixteen (16) persons, except those operated by muscular power or exclusively on stationary rails or tracks.
Motor vehicle.
Every vehicle which is self-propelled.
Person.
An individual, firm, partnership, association, corporation, company or organization of any kind.
Semitrailer.
Every vehicle of the trailer type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by said motor vehicle.
Trailer.
Every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure for commercial use and designed to be drawn by a motor vehicle, excluding trailers used for recreational or agricultural purposes and/or trailers carrying commonly recognized recreational vehicles or agricultural products.
Truck.
A commercial truck, semitrailer, trailer, truck-tractor, or any combination thereof.
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, truck-tractors, trailers, and semitrailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(Ordinance 2006-24, sec. 1 (1), adopted 12/14/06)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2006-24, sec. 4, adopted 12/14/06)
A person commits an offense if a person drives, operates or moves, or causes or permits to be driven, operated or moved, on any public street within the city, any vehicle or combination of vehicles contrary to any of the regulations contained in this article.
(Ordinance 2006-24, sec. 1 (2), adopted 12/14/06)
Except as provided below, no person shall operate or cause to be operated any truck on any public street within the city except upon such streets as are designated as truck routes:
(1) 
Local destinations.
The operation of a truck with a local destination or point of origin on the shortest permissible street route between such destination or point of origin and the nearest truck route or state highway, whichever is closer. The truck shall be permitted to proceed from a point of origin to a destination point within the city which is not on a truck route or state highway without returning to the nearest truck route or state highway if to return to the truck route or state highway would increase the distance to be traveled off of the truck route or state highway. The operator of any such truck shall carry evidence of the location of its last stop and of its immediate destination in order for this exception to apply.
(2) 
Emergency vehicles.
The operation of emergency vehicles upon any street within the city.
(3) 
Public utility vehicles.
The operation of vehicles owned or operated by the city, a public utility or any person hired on behalf of the city or a public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires the use of a public roadway other than a designated truck route.
(4) 
Detour points.
The operation of a truck along any officially established detour route from a truck route.
(5) 
Public service vehicles.
The operation of vehicles by or on behalf of the city for solid waste collection or similar public services.
(6) 
Motorbuses.
The operation of a motorbus for the purpose of transporting people for hire upon a regular schedule over a defined route or for transportation of children to and from school functions or for the transportation of persons to and from church functions.
(Ordinance 2006-24, sec. 1 (4), adopted 12/14/06)
(a) 
The city shall keep and maintain an accurate map setting out the truck routes designated in this article. The latest version of the official truck route map shall be kept on file in the office of the city secretary. The truck route maps shall be available to the public.
(b) 
The city administrator or his designee shall erect appropriate signs or markings to designate the truck routes designated herein. The failure of the city administrator to erect any such sign or marking shall not be a defense to any violation of this article provided that the official truck route map has been filed with the city secretary as provided above.
(Ordinance 2006-24, sec. 1 (5), adopted 12/14/06)
(a) 
Unless a permit is issued as provided for in this section, no person shall move or cause or permit to be moved any building or structure into, within or through the city, upon any public street, including designated truck routes.
(b) 
The application for the permit provided for in this section shall be in writing and shall contain the following:
(1) 
The name, business address, and telephone number of the person applying for said permit.
(2) 
The description of the vehicle to be used to transport the building or structure, including the year, make, model, vehicle identification number, license registration, color of said vehicle and a certificate as to its weight and size.
(3) 
A description of the building or structure to be transported and a certificate as to its weight and size.
(4) 
A list of the specific streets over which the equipment is to be operated, the date or dates of said operation, the time of said operation, and the number of trips to be made.
(5) 
The date of the application and signature of the applicant.
(6) 
Before a permit is issued under this section, the applicant for same shall file with the city a bond in an amount as set by the city administrator not to exceed ten thousand dollars ($10,000.00) for each vehicle for which a permit is sought. Said bond shall be payable to the city and conditioned that the applicant will pay the city the sum of money necessary to repair any damage which might be occasioned to any public street or publicly owned fixture appurtenant to such street by virtue of the operation of any such vehicle under said permit.
(7) 
A permit fee shall be paid as established in the city fee schedule.
(c) 
Except in the event of an emergency, the moving of a building or structure shall be conducted only during daylight hours during a time period approved by the city administrator or his designee and which provides for the least possible obstruction to the thoroughfares.
(d) 
No building or structure shall be permitted or allowed to remain overnight upon public right-of-way or upon private property without the written permission of the owner.
(e) 
It is the responsibility of the operator of the vehicle to ensure that the vehicle and the structure will pass, without touching, through all horizontal and vertical clearances of all structures in its path.
(f) 
The operator of a vehicle used to move a structure upon a public roadway within the city shall provide a sufficient number of individuals authorized to direct and control traffic and to provide for proper control of traffic direction at all intersections preceding and following the path of travel and at all points in between at any time during such travel within the city.
(g) 
The operator of a vehicle used to move a structure upon a public roadway within the city shall notify the city administrator immediately prior to commencing and immediately upon conclusion of such movement in order that alternate routes can be selected by emergency services divisions when necessary for any emergency vehicle responses.
(h) 
The city administrator or his designee shall have the authority to limit or prohibit any movement of a vehicle moving a structure upon any public roadway within the corporate limits of the city when in their judgment such movement is considered unsafe.
(i) 
This section shall not apply to the movement of a “manufactured house” as defined by V.T.C.A., Transportation Code section 623.091, as it may be amended. In accordance with V.T.C.A., Transportation Code section 623.092, a municipality may not require a permit, bond, fee, or license, in addition to that required by state law, for the movement of a manufactured house.
(Ordinance 2006-24, sec. 1 (6), adopted 12/14/06)
No person shall transport hazardous material or cause hazardous material to be transported upon any public street within the corporate limits of the city without first complying with all applicable regulatory agency mandates regarding the transportation of such hazardous materials.
(Ordinance 2006-24, sec. 1 (7), adopted 12/14/06)
(a) 
It shall be unlawful to drive a truck over and across any curb or gutter in any public street within the city in such a manner as to cause damage to the curb or gutter. If any person intends to drive a truck over and across any curb or gutter in any public street within the city, such person shall block the curb or gutter with materials of sufficient strength to prevent any damage to the curb or gutter by virtue of driving a truck over and across the curb or gutter. If any damage is done to the curb or gutter by virtue of driving over the curb or gutter, whether it has been properly blocked or not, it shall be conclusively presumed to have been caused by the negligence of the person backing or driving over the curb or gutter and the driver of any vehicle driving over such curb or gutter shall be liable to the city for the damages. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver’s employer shall be jointly and severally liable with the driver for the damages.
(b) 
It shall be unlawful to turn or maneuver any vehicle upon any street in the city in such a manner as to cause damage to the surface of the street. If any street is damaged by the turning or maneuvering of any vehicle upon the street, the driver of the vehicle shall be liable to the city for damage. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver’s employer shall be jointly and severally liable with the driver for the damages.
(c) 
It shall be unlawful for any person to operate or cause to be operated any vehicle on a public street of the city in such a manner as to permit any portion of its cargo, either liquid or solid, to fall out of, spill from, or blow out of such vehicle.
(Ordinance 2006-24, sec. 1 (8), adopted 12/14/06)
(a) 
Definitions.
For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Authorized emergency vehicle.
Any vehicles of the fire department or police department; public and private ambulances for which permits have issued by the state board of health; 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 said vehicle. Business destinations shall include 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.
Driver or operator.
Every person who drives or is in actual physical control of a vehicle.
Motor vehicle.
Every vehicle which is self-propelled.
Place 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 said vehicle. Points of business origin shall include 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.
Semitrailer.
Every vehicle of the trailer type so designated or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle.
Street or highway.
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.
Trailer.
Every vehicle without motive power designed or used to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
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 public highway, including motor vehicles, commercial motor vehicles, truck-tractors, trailers, travel trailers and semitrailers, severally, as herein defined, but excepting devices moved by human power or used exclusively upon stationery rails or tracks.
(b) 
Prohibited parking.
(1) 
Public property.
No person, firm or corporation shall park, allow to remain standing, cause to park, or cause to allow to remain standing, on any street or highway, public park, public parking lot, public right-of-way, public easement or other public property in the city, any commercial vehicle, any semitrailer, any truck-tractor, any dump truck, or any truck or trailer having a maximum registerable axle weight in excess of 4000 pounds per axle.
(2) 
Private property.
No person, firm or corporation shall park, allow to remain standing, cause to park, or cause to allow to remain standing, on any private property within the city, any commercial vehicle, any semitrailer, any truck-tractor, any dump truck, or any truck or trailer having a maximum registerable axle weight in excess of 4000 pounds per axle, except the following:
(A) 
Such above-described vehicles which are used primarily in connection with, or which are customarily incidental to, the business or enterprise for which the private property has been zoned and permitted for occupancy by the city;
(B) 
Currently licensed and inspected travel trailers owned by the occupant of such real property, provided that it shall be unlawful to allow such travel trailer to be occupied as a residence;
(C) 
Agricultural vehicles or trailers necessary for the agricultural enterprise operated upon such property, but not otherwise, provided that in cases of hardship the city council may, upon application, grant a special use permit not to exceed one (1) year upon such conditions it may deem necessary to alleviate such hardship; or
(D) 
Authorized emergency vehicles.
(c) 
Penalty.
Any person, firm, or corporation violating any of the provisions of this section will be guilty of a separate offense for each day or portion of the day during which the violation is committed, continued or permitted and upon conviction thereof shall be fined in a sum not less than twenty dollars ($20.00) and not to exceed two hundred dollars ($200.00).
(Ordinance 1995-02, secs. 1, 3, 4, adopted 8/25/95)