Except as otherwise provided in this division, 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 regulations contained in this division.
(1976 Code, sec. 31-113; 1998 Code,
sec. 126-271; 2013 Code, sec. 56-247)
The provisions of this division 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 Texas Transportation Code section 623.071
et seq., as such subchapter now exists or might from time to time
be amended.
(2) Emergency vehicles operating in response to any emergency call.
(1976 Code, sec. 31-114; 1998 Code,
sec. 126-272; 2013 Code, sec. 56-248)
It shall be unlawful for any person to operate any vehicle regulated
by the provisions of this division over the public streets of the
city without first obtaining a permit to do so. Nothing in this division
shall be interpreted to override or abrogate the requirements of division
2 of this article related to truck routes.
(1976 Code, sec. 31-115; 1998 Code,
sec. 126-273; 2013 Code, sec. 56-249)
Any person desiring a permit required by the provisions of this
division shall make application therefor to the chief of police stating:
(1) The kind of equipment to be operated, with a complete description
of the same and a statement of its weight.
(2) The kind of commodity to be transported and a certificate as to its
weight.
(3) The street or streets over which the equipment is to be operated,
and the date or dates and the approximate time of the operation, and
the number of trips to be made, except when the nature, route, time
or frequency of operation cannot be determined at the time the permit
is issued.
(4) The date of such application.
(5) The signature of the applicant.
(1976 Code, sec. 31-116; 1998 Code,
sec. 126-274; 2013 Code, sec. 56-250)
Before a permit is issued under this division, the applicant
for same shall file with the public works department a bond in an
amount to be set and approved by the public works department. The
amount of such bond shall not exceed the product of the number of
vehicles for which a permit is sought multiplied by $10,000.00, which
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 such permit. Venue of any suit for recovery upon the
bond shall be in the county and any bond issued hereunder shall contain
an unambiguous contractual provision to that effect.
(1976 Code, sec. 31-117; 1998 Code,
sec. 126-275; 2013 Code, sec. 56-251)
(a) A fee as established by the city council shall be charged for each
permit as required by this division.
(b) The proper fee shall accompany each application for a permit and
shall be paid in cash or by cashier’s or certified check or
postal money order. The fee shall be returned if the application is
denied.
(1976 Code, sec. 31-118; 1998 Code,
sec. 126-276; 2013 Code, sec. 56-252; Ordinance adopting 2021 Code)
Any permit issued under this division shall include at least
the following:
(1) The name of the applicant, the date, a description of the equipment
to be operated and a description of the commodity to be transported.
(2) The signature of an authorized member of the police department and
the public works department.
(3) The time for which the permit is issued.
(4) The specified street or streets over which the equipment is to be
operated, insofar as it can be determined at the time the permit is
issued.
(1976 Code, sec. 31-119; 1998 Code,
sec. 126-277; 2013 Code, sec. 56-253)