It is the purpose of this article to provide regulations for
the control of streets and thoroughfares in the city, to control the
flow of truck traffic in the city, and to protect the health, safety
and welfare of the general public.
(Ordinance 11-0613-01, sec. 2, adopted 6/13/11)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Authorized emergency vehicle.
Any vehicle of the fire department or police department,
or public and private ambulances for which permits have been 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 firemen 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 and
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.
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.
If a street or highway includes two (2) or more separate roadways,
the term “roadway” shall refer to any such roadway separately
but not to all such roadways collectively.
Semi-trailer.
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 another motor
vehicle.
Street or highway.
The entire width between the boundary lines of every right-of-way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
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 a public highway,
including motor vehicles, commercial motor vehicles, truck-tractors,
trailers, and semi-trailers, severally, as herein defined, but excepting
devices moved by human power or used exclusively upon stationary rails
or tracks.
(Ordinance 11-0613-01, sec. 3, adopted 6/13/11)
An offense under this article is a misdemeanor punishable:
(1) By a fine not to exceed two hundred dollars ($200.00);
(2) On conviction before the first anniversary of the date of a previous
conviction under this article:
(A) By a fine not to exceed five hundred dollars ($500.00); or
(B) If the convicted person is a corporation, by a fine not to exceed
one thousand dollars ($1,000.00); or
(3) On a conviction before the first anniversary of the date of a previous conviction under this article that was punishable under subsection
(2) of this section, or this subsection
(3):
(A) By a fine not to exceed one thousand dollars ($1.000.00); or
(B) If the convicted person is a corporation, by a fine not to exceed
two thousand dollars ($2.000.00).
(Ordinance 11-0613-01, sec. 9, adopted 6/13/11)
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 place of business origin within the corporate
limits of the city except upon streets designated as truck routes;
provided, however, this section shall not apply to authorized emergency
vehicles operating in response to emergency calls nor to vehicles
operated by a public utility in the performance of inspection or maintenance
functions. Such truck with a business destination or place of business
origin within the corporate limits of the city shall be operated only
on truck routes or on the shortest street route between such business
destination or place of business origin and the nearest truck route.
The driver of any such truck or commercial motor vehicle shall, at
any time such truck or commercial motor vehicle is operated off a
truck route, carry with him a bill of lading or other written evidence
showing all places of business origin and business destinations within
the city.
(Ordinance 11-0613-01, sec. 4, adopted 6/13/11)
(a) The following streets are designated truck routes in the city: Highway
34 and Highway 667.
(b) The city administrator shall erect, or cause to be erected, appropriate
signs and markings to designate the truck routes and load limits described
in this article.
(c) Whenever any street designated as a truck route is being repaired
or is otherwise temporarily out of use, the city administrator, or
his/her designee, is authorized to designate alternate truck routes
for such period as might be necessary.
(Ordinance 11-0613-01, sec. 5, adopted 6/13/11)
(a) Except as otherwise provided in this article, it shall be unlawful
for any person to drive, operate or move, or to cause or permit to
be driven, operated or moved, on any public street within the city,
any commercial motor vehicle, with or without load, contrary to any
of the size, height, and weight regulations contained in this article
or in state law, and in the case of a conflict state law controls.
(b) No commercial motor vehicle shall exceed a total outside width, including
any load thereon, of one hundred two inches (102"), except that the
width of a farm tractor shall not exceed nine feet (9') and that the
limitations as to size of a vehicle stated in this section shall not
apply to implements of husbandry, machinery used solely for the purpose
of drilling water wells, or highway or street building or maintenance
machinery owned or operated by or on behalf of the state or any of
its political subdivisions or the city. No commercial motor vehicle,
unladen or with load, shall exceed a height of fourteen feet (14'),
including load.
(c) No commercial motor vehicle, truck-tractor, trailer, semitrailer
nor combination of such vehicles shall be operated or caused or permitted
to be operated upon any public street within the city having a weight
in excess of any one (1) or more of the following limitations:
(1) In no event shall the total gross weight, with load, of any vehicle
or combination of vehicles exceed eighty thousand pounds (80,000 lbs.).
(2) No single axle shall carry a load in excess of twenty thousand pounds
(20,000 lbs.). A single axle load shall be defined as the total load
transmitted to the road by all wheels whose centers may be included
between two (2) parallel transverse vertical planes forty inches (40")
apart, extending across the full width of the vehicle.
(3) The total gross weight concentrated on the highway surface from any
tandem axle group shall not exceed thirty-four thousand pounds (34,000
lbs.) for each such tandem axle group. Tandem axle weight is the total
weight transmitted to the road by two or more consecutive axles whose
centers may be included between two parallel transverse vertical planes
spaced more than forty inches (40") and not more than ninety-six inches
(96") apart, across the full width of the vehicle.
(4) Vehicles used exclusively to transport ready-mix concrete may be
operated upon public streets of the city with a tandem axle weight
not to exceed thirty-four thousand pounds (34,000 lbs.) and a gross
weight not to exceed eighty thousand pounds (80,000 lbs.).
(d) The provisions of this section shall not apply to:
(1) Any person operating or causing to be operated a motor vehicle under
a valid and subsisting permit for the operation of overweight or oversize
equipment for the transportation of such commodities as cannot be
reasonably dismantled issued by the state department of transportation
under the provisions of chapter 623 of the Texas Transportation Code
as such chapter now exists or might from time to time be amended;
(2) Authorized emergency vehicles operating in response to any emergency
call;
(3) Vehicles which have obtained permission and routing from the chief
of police.
(Ordinance 11-0613-01, sec. 6, adopted 6/13/11)
It shall be unlawful for any person to operate or cause to be
operated any commercial motor vehicle on a public street in such 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 11-0613-01, sec. 7, adopted 6/13/11)
A person commits an offense if he stops, parks, or stands a
truck-tractor, trailer, semi-trailer, or any commercial motor vehicle
upon a public street or highway or other public place. This section
shall not apply to street construction, maintenance, and repair equipment;
trucks, equipment, trailers, and vehicles used by public service utility
companies engaged in repairing or extending public service utilities;
motor buses when taking on or discharging passengers at customary
bus stops; other vehicles when actually parked at a designated loading
zone or where it is lawful to park a commercial motor vehicle for
the purpose of accepting or delivering transportable goods; or a vehicle
with a mechanical defect making it unsafe to proceed further, in which
event it shall be lawful to stand or park the vehicle during the time
necessary to make emergency repairs.
(Ordinance 11-0613-01, sec. 8, adopted 6/13/11)
(a) It shall be unlawful for any person or owner to allow to park, stand
or store any truck-tractor, semi-trailer, trailer bus, oversized commercial
vehicle or any commercial motor vehicle with a rated capacity in excess
of one and one-half (1-1/2) tons, according to the manufacturer’s
classification, upon any public right-of-way, street, alley, parkway,
vacant or undeveloped lot/land, private premises or public place within
the city, within any area not zoned by the zoning ordinance as industrial,
or commercial with a specific use permit, for truck and trailer parking.
(b) This section shall not prevent the parking or standing of the above-described
vehicles in such areas for the purpose of expeditiously loading or
unloading passengers, freight, merchandise or property; nor prevent
the parking of buses owned and operated by churches or day care centers;
nor prevent the parking of any vehicles owned and operated by the
Italy Independent School District from parking on property owned and
maintained by the Italy Independent School District; nor prevent the
parking of any vehicles owned and operated by the county from parking
on property owned and maintained by the county; nor prevent the parking
of any vehicles owned and operated by the city from parking on property
owned and operated by the city.
(c) Provided further that this section shall not apply to street construction,
maintenance and repair equipment trucks, rollers, and implements or
to trucks, equipment, trailers and vehicles used by any public service
utility service companies, the city or its contractors engaged in
repairing or extending public service utilities or city services or
for the purpose of accomplishing solid waste disposal operations.
(d) Any person, firm, or corporation violating this section shall be guilty of a misdemeanor and shall be fined in accordance with the general penalty in section
1.01.009 of this code.
(Ordinance 02-01-01 adopted 1/8/02)
Parking of trucks larger than one ton is prohibited on public
streets and right-of-way in the city except where otherwise allowed
by law on F.M. Road 667, IH-35E access roads, U.S. Highway 77, and
R.M. Road 1134. Parking of trucks one ton or larger rated capacity
is prohibited on any other streets, roads, or public right-of-way,
except that if an actual delivery is being made, the vehicle may be
temporarily parked on said other streets only while an attendant is
with the truck.
(1990 Code, ch. 7, sec. 4.B(6))