The following words and phrases, when used in this division,
shall for the purpose of this division have the meanings respectively
described to them in this section as follows:
Commercial motor vehicle.
A self-propelled or towed vehicle that is used to transport
passengers or cargo if:
(1)
The vehicle or combination of vehicles has a gross weight, registered
weight, or gross weight rating of more than 26,000 pounds;
(2)
The vehicle is designed or used to transport more than 15 passengers,
including the driver; or
(3)
The vehicle is used to transport hazardous materials in a quantity
requiring placarding by a regulation issued under the Hazardous Materials
Transportation Act (49 U.S.C. section 5101, et seq.).
Pole trailer.
A vehicle without motive power:
(1)
Designed to be drawn by another vehicle and secured to the other
vehicle by pole, reach, boom, or other security device; and
(2)
Ordinarily used to transport a long or irregularly shaped load,
including poles, pipes, or structural members, generally capable of
sustaining themselves as beams between the supporting connections.
School bus.
A motor vehicle that was manufactured in compliance with
the federal motor vehicle safety standards for school buses in effect
on the date of manufacture and that is used to transport pre-primary,
primary, or secondary students on a route to or from school or on
a school-related activity trip other than on routes to and from school.
The term does not include a school-chartered bus.
Semitrailer.
A commercial motor vehicle with or without motive power,
other than a pole trailer, that is:
(1)
Designed to be drawn by a motor vehicle and to transport persons
or property; and
(2)
Constructed so that part of the vehicle’s weight and load
rests on or is carried by another vehicle.
Truck-tractor.
A motor vehicle designed and used primarily to draw another
vehicle but not constructed to carry a load other than a part of the
weight of the other vehicle and its load.
(Ordinance 2011-0918 adopted 1/24/11)
(a) Except as otherwise provided herein, no person shall operate, leave,
park, stand, load or unload, or permit to be operated, parked, loaded
or unloaded any commercial motor vehicle, truck-tractor, semitrailer,
pole trailer or any combination thereof on any street or alley that
is not designated as a truck route under this article.
(b) Every U.S. and state highway and the following locations within the
city are hereby designated truck routes:
Name of Street
|
Limits
|
---|
Myron Goff
|
From Dowdy Ferry to East Cleveland
|
E. Cleveland
|
From Interstate 45 to Republic Services
|
Lancaster-Hutchins Road
|
From W. Wintergreen eastward 2,635 feet
|
Millers Ferry Road
|
From Palestine Road to the south city limits
|
Dowdy Ferry Road
|
From east city limits to Interstate 45
|
Palestine Road
|
From Interstate 45 to Main Street
|
W. Wintergreen Road
|
From Interstate 45 to the west city limits
|
E. Wintergreen Road
|
From Interstate 45 eastward 2,797 feet
|
(c) It shall be a defense to prosecution under this article if the vehicle
is:
(1) An authorized emergency vehicle;
(2) A vehicle operated by a public utility performing utility inspection,
utility maintenance or utility repair activities on utility facilities
within the city and owned or operated by that utility and such utility
facilities are located off the designated truck routes as defined
in this division;
(3) A vehicle owned and operated by or for the city performing a public
service, including but not limited to trash collection vehicles and
street and water utility repair and maintenance vehicles;
(4) A school bus or a bus operated by a mass transit authority;
(5) A towable recreational vehicle; or
(6) A vehicle traveling from a place of origin or delivering goods to
a point of final destination or place of repair, loading or unloading
over the shortest practicable route. The operator of any such vehicle
shall carry evidence of the location of its last stop, origin of trip
and of its destination.
(Ordinance 2011-0918 adopted 1/24/11; Ordinance
2023-1176 adopted 8/7/2023)
(a) The public works director or designee, in compliance with the Texas
Manual on Uniform Traffic-Control Devices, is hereby authorized to
cause the placement of traffic-control signs at appropriate locations
to inform operators of the truck routes and thru-truck zones. The
absence of signage shall not be a defense to a prosecution under this
article.
(b) It is the intent of the city council in adopting this article that
an offense under this article be a strict liability offense; in the
prosecution of an offense under this article, no pleading or proof
of intent shall be required to establish the guilt of an accused.
(Ordinance 2011-0918 adopted 1/24/11)