Any person who violates any provision of this article shall,
upon conviction, be subject to a fine not to exceed two thousand dollars
($2,000.00) for each offense. Each day that such a violation is permitted
to continue shall constitute a separate offense. The term “person”
as used in this section shall include the owner, occupant, mortgagee
or vendor in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of a building or tract of land.
(Ordinance 352, sec. XIV, adopted 4/22/99)
A person authorized by the city to administer the procedures
of this article may enter private property for the purpose specified
herein to examine a vehicle or vehicle part, obtain information as
to the identity of the vehicle or vehicle part, and remove or cause
the removal of a vehicle or vehicle part that constitutes a nuisance
as defined in article 8.07[. The judge of the municipal court of the
city] may issue orders necessary to enforce the procedures of this
article.
(Ordinance 352, sec. XIII, adopted 4/22/99)
Except as otherwise provided herein, no person shall operate
or cause to be operated upon any public street within the city any
commercial motor vehicle, motor bus, truck-tractor, trailer, semitrailer
or any combination thereof except on such streets as are designated
as either truck routes or commercial delivery routes by this article;
such vehicles shall be operated on a truck route whenever capable
of being used; they shall be operated on a commercial delivery route
wherever capable of being used; they shall be operated on a commercial
delivery route only when it is not possible to use a truck route to
fulfill the purpose for which such vehicle is then being operated.
No hazardous materials, as defined by any applicable local, state
or federal law, shall be transported within the city except as provided
herein.
(Ordinance 352, sec. I, adopted 4/22/99)
The following shall be defenses to prosecutions under the provisions of section
12.05.003:
(1) To operate a vehicle to or from a truck terminal, garage, place of
repair, place of performing a service, or place of loading or unloading,
over the shortest route to a point on a truck route or commercial
delivery route; any such vehicle shall be permitted to proceed from
one such point, not on a truck route or commercial delivery route,
to another such point without returning to a truck route or commercial
delivery route if to so return would increase the distance to be traveled
on nondesignated streets; the operators of any such vehicles shall
carry evidence of the location of its last stop and of its immediate
destination in order for this defense to apply;
(2) To operate emergency vehicles in response to any emergency call;
(3) To operate vehicles of a public utility while cruising in an assigned
area for the purpose of inspecting the facilities of such public utility
or providing maintenance service to the facilities;
(4) To operate motor buses for the purpose of transporting people for
hire upon a regular schedule over a defined route;
(5) To operate sanitation or public works vehicles as provided by the
city council on the recommendation of the chief of police.
(Ordinance 352, sec. II, adopted 4/22/99)
TRUCK ROUTES
|
---|
Name of Street
|
Limits
|
---|
Arrow Lane
|
From Jacksboro Highway to 3005 Arrow Lane (trucks will have
to exit the same direction as entered)
|
Azle Avenue
|
Within city limits
|
Jacksboro Highway
|
Within city limits
|
Roberts Cut-Off
|
Within city limits
|
(Ordinance 352, sec. III, adopted 4/22/99)
COMMERCIAL DELIVERY ROUTES
|
---|
Name of Street
|
Limits
|
---|
Azle Avenue
|
Within city limits
|
Biway from its intersection with Azle Avenue to its intersection
with Graham
|
Within city limits
|
Cheyenne from its intersection with Jacksboro Highway to its
intersection with Buchanan Street
|
Within city limits
|
Graham Street from its intersection with Biway to its intersection
with Kaw Street
|
Within city limits
|
Jacksboro Highway
|
Within city limits
|
Kaw Street from its intersection with Graham to its intersection
with Isbell
|
Within city limits
|
Kiowa from its intersection with Azle Avenue to its intersection
with Calloway
|
Within city limits
|
Scoggins from its intersection with Kaw Street to its intersection
with Biway
|
Within city limits
|
Skyline Drive from its intersection with Jacksboro Highway to
its intersection with Azle Avenue
|
Within city limits
|
(Ordinance 352, sec. IV, adopted 4/22/99)
Jacksboro Highway and Azle Avenue, at all points within the
city limits, is hereby designated as the hazardous materials truck
route.
(Ordinance 352, sec. V, adopted 4/22/99)
(a) The mayor and the chief of police shall cause to be erected appropriate
signs and markings to designate the truck routes, commercial delivery
routes, and hazardous material truck routes described herein.
(b) Whenever any street designated as a truck route, commercial delivery
route, or hazardous materials truck route is being repaired or is
otherwise temporarily out of use, the chief of police is hereby authorized
to designate alternate truck routes, commercial delivery routes, or
hazardous materials truck routes for such period as may be necessary.
(Ordinance 352, sec. VI, adopted 4/22/99)
(a) Generally.
Except as otherwise provided herein, it shall
be unlawful for any person to drive, operate, or move, and/or cause
to move 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 provisions of this section.
(b) Size of vehicles.
(1) The limitations as to size of a vehicle stated in this section shall
not apply to implements of machinery used solely for the purpose of
drilling water wells, or to highway, street building or maintenance
machinery owned or operated by, or on behalf of, the state or any
other political subdivisions or the city.
(2) Upon all truck route roadways of this city which are of such width
that a motor vehicle, with a manufacturer’s rated carrying capacity
of more than 2500 pounds, cannot drive upon the right half of the
roadway without said vehicle’s right side wheels driving upon
the unpaved portion of the roadway, said motor vehicle, with a manufacturer’s
rated carrying capacity of more than 2500 pounds, shall be operated
on the centermost part of the roadway except when it is necessary
to pull to the right-hand side of the roadway to avoid oncoming traffic.
(3) Upon all roadways of the city which are of such width that a motor
vehicle, with a manufacturer’s rated carrying capacity of more
than 2500 pounds, cannot drive upon the right half of the roadway
without said vehicle’s right side wheels driving upon the unpaved
portion of said roadway, said motor vehicle, with a manufacturer’s
rated carrying capacity of more than 2500 pounds, shall be driven,
operated, and parked in such a way that its right side wheels are
no closer than ten (10) inches to the right side edge of the roadway
and that said right side wheels are not upon the unpaved portion of
said roadway, or private property, contiguous to said roadway, except
when it is necessary to pull to the right side of the roadway to avoid
oncoming traffic.
(4) No commercial vehicle shall exceed a total outside width, including
any load thereon, of ninety-six (96) inches.
(5) No commercial motor vehicle, unladen or with load, shall exceed a
height of thirteen (13) feet, six (6) inches, including load.
(6) No commercial motor vehicle, truck-trailer, trailer or semi-trailer,
except for pole trailers, shall exceed a length of thirty-five (35)
feet, except when such vehicle is operated in combination and coupled
to another such vehicle and when operated in combination no such combination
of vehicles coupled together shall exceed a total length of fifty
(50) feet. The above limitations shall not apply to any mobile home
or combination of mobile home and a motor vehicle, but no mobile home
and motor vehicle combination shall exceed a total length of fifty-five
(55) feet.
(7) No vehicle or combination of vehicles, except pole trailers, shall
carry any load exceeding more than three (3) feet beyond the front
thereof nor more than four (4) feet beyond the rear thereof.
(c) Weight of commercial vehicles.
(1) Vehicles transporting ready-mix concrete.
Vehicles used
exclusively to transport ready-mix concrete shall be operated in accordance
with the following rules and regulations governing the operation of
vehicles to transport ready-mix concrete over public highways maintained
by the city:
(A) No single axle load shall exceed twenty thousand (20,000) pounds.
(B) No tandem axle load shall exceed thirty-six thousand (36,000) pounds.
(C) No gross weight shall exceed forty-eight thousand (48,000) pounds.
(D) No such vehicle shall be operated unless it shall be equipped with
a functioning device attached to the concrete chute which is designed
to trap concrete and which is in proper position to trap concrete
at all times when said vehicle is operated on a public street within
the city.
(2) Vehicles transporting milk.
Vehicles used exclusively
for transporting milk may be operated if the distance between the
front wheel of the forward tandem axle and the rear wheel of the rear
tandem axle, measured longitudinally, is at least twenty-eight (28)
feet, and the maximum load carried on any group of axles does not
exceed sixty-eight thousand (68,000) pounds.
(3) Vehicles transporting solid waste.
Vehicles used exclusively
to transport solid waste (except hazardous waste), as defined in the
Solid Waste Disposal Act, V.T.C.A., Health and Safety Code, chapter
361, or its successor legislation, may be operated upon the public
streets of the city with a tandem axle gross load not to exceed forty-four
thousand (44,000) pounds, a single axle gross load not to exceed twenty
thousand (20,000) pounds, and a gross load for the vehicle not to
exceed sixty-four thousand (64,000) pounds; provided that, where the
vehicle is to be operated with a tandem axle load in excess of thirty-four
thousand (34,000) pounds, the owner shall have first filed with the
state department of transportation a surety bond as required by V.T.C.A.,
Transportation Code, section 623.163.
(4) General weight limits.
No vehicle or combination of
vehicles shall have a greater weight than six hundred (600) pounds
per inch width of tire upon any wheel concentrated upon the surface
of the highway and using high-pressure tires, and a greater weight
than six hundred fifty (650) pounds per inch width of tire upon any
wheel concentrated upon the surface of the highway and using low-pressure
tires, and no wheel shall carry a load in excess of eight thousand
(8,000) pounds on high-pressure tires and ten thousand (10,000) pounds
on low-pressure tires, nor any axle load in excess of sixteen thousand
(16,000) pounds on high-pressure tires, and twenty thousand (20,000)
pounds on low-pressure tires.
(5) Definitions.
In this section, an axle load is defined
as the total load transmitted to the road by all wheels whose centers
may be included between the two (2) parallel, transverse, vehicle
[vertical] planes forty (40) inches apart, extending across the full
width of the vehicle. Tandem axle group is defined as two (2) or more
axles spaced forty (40) inches or more apart from center to center
having at least one (1) common point of weight suspension.
(d) Permit for overweight or oversize equipment; bond.
(1) Permits authorized.
Upon written application, timely
made, by any person who desires to operate, or cause to be operated,
on public streets within the city, overweight or oversize equipment
for the transportation of such commodities as cannot be reasonably
dismantled, where the total gross weight or size of the vehicle and
its load exceed the limits allowed by this article, the police department,
after consulting with the office of the public works director, shall
issue a permit for the operation of such equipment, or fleets of equipment,
for a specified period of time, over a route, or routes, to be designated
by the designated city official if such routes can be determined at
the time application for the permit is made.
(2) Application for permit; bond.
The application for the
permit provided for in this section shall be in writing and contain
the following:
(A) The kind of equipment to be operated, with a complete description
of same, and a statement as to its weight.
(B) The kind of commodity to be transported and a certificate as to its
weight.
(C) The street, or streets, over which the equipment is to be operated,
the dates and the approximate time of said operation, and the number
of trips to be made, when the nature, route, time or frequency of
operation cannot be determined at the time the permit is issued.
(D) The application shall be dated and signed by the applicant. Before
a permit is issued under this section, the applicant for same shall
file with the office of the city secretary a bond in an amount to
be set and approved by the mayor. The amount of such bond shall not
exceed the product of the number of vehicles for which a permit is
sought multiplied by ten thousand dollars ($10,000.00). Said bond
shall be payable to the city and conditioned that the applicant will
pay to 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 operation of any commercial
vehicle under said permit. Venue of any suit for recovery upon said
bond shall be in this county and any bond issued hereunder shall contain
an unambiguous contractual provision to that effect.
(3) Permit fee.
A fee shall be charged for each permit as provided for in the fee schedule found in appendix
A to this code.
(4) Contents of permit.
Any permit issued hereunder shall
include at least the following:
(A) The name of the applicant, the date, a description of the equipment
to be operated and a description of the commodity to be transported.
(B) The signature of an authorized member of the police department and
any other designated city office.
(C) The time for which the permit is issued.
(D) The specified streets over which the equipment is to be operated,
insofar as it can be determined at the time the permit is issued.
(Ordinance 352, sec. VII, adopted 4/22/99)
It shall be unlawful for any person to operate, or cause to
be operated, any commercial motor 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 said vehicle.
(Ordinance 352, sec. VIII, adopted 4/22/99)
It shall be unlawful for the driver, or owner, of any vehicle
regulated under this article to permit the same to be parked, stand
or remain in the public right-of-way along any of the established
routes as described in this article for more than twenty-four (24)
hours at any one time. It shall also be unlawful for any business
or residential occupant to allow the public right-of-way along these
routes to be used for display, storage, parking of vehicles or any
other means of blocking or cluttering up of the public right-of-way
without first obtaining permission from the chief of police.
(Ordinance 352, sec. IX, adopted 4/22/99)
Any motor vehicle, trailer or wheeled vehicle found standing
or parked in or upon any public road, alley or public right-of-way
within the city in violation of the provisions of this article shall
be deemed a nuisance. Such vehicle shall be removed by any police
officer of the city and taken to the police impound lot and shall
be kept in police custody until application for its redemption shall
be made by the owner or his duly authorized agent.
(Ordinance 352, sec. X, adopted 4/22/99)
(a) It shall hereafter be unlawful for any person to operate or run upon
any public street in the city any vehicle which has on its tires any
block, lug, stud, cleat, ridge, bead, or any other protuberance of
metal that shall project more than one-fourth of an inch beyond that
tread or traction surface of the tires unless said wheels are protected
by bands, wooden blocks, skids or some sufficient device to protect
the street against injury by reason thereof.
(b) Nothing herein shall prevent the use of vehicles actually engaged
at the time in construction or repair of streets.
(c) Nothing herein shall be construed to prevent the use of conventional
tire chains during adverse weather conditions.
(Ordinance 352, sec. XI, adopted 4/22/99)
(a) A vehicle carrying hazardous materials in intra-city travel, which
may travel to and from the hazardous materials truck route by using
the shortest practical route to or from the duly licensed place of
loading or unloading such hazardous waste materials. The operator
of any vehicle carrying hazardous materials shall carry evidence of
the location of its last stop and of its immediate location, and shall
provide such evidence to any officer authorized to enforce this section
upon request from such officer.
(b) All vehicles carrying hazardous materials must label all said vehicles
with the proper placards as required by law for the transportation
of hazardous materials.
(c) It shall be unlawful to transport hazardous waste through the city
unless otherwise permitted by the proper state or federal authority
who has jurisdiction over such matters.
(Ordinance 352, sec. XII, adopted 4/22/99)