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)