The purpose of this article is to protect the health, safety and general welfare of the residents of the town and the general public and to preserve and protect the functionality and integrity of the town’s streets by prohibiting the operation of certain overweight vehicles at designated areas within the town.
(Ordinance 2011-8-2D adopted 8/2/11)
This article is primarily adopted pursuant to Texas Transportation Code, section 621.303 and the town’s police powers as a state home-rule municipality.
(Ordinance 2011-8-2D adopted 8/2/11)
The following words and phrases, when used in this article, shall have the meaning ascribed to them by this article. All terminology used in this article and not specifically defined herein, shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body or if not defined therein the latest volume of Merriam-Webster’s Collegiate Dictionary.
Gross weight.
The total mass of a vehicle when loaded including the weight of the vehicle, fuel, passengers, livestock, cargo, trailer weight and all other parts of the vehicle.
Overweight vehicle.
A vehicle that exceeds the maximum gross weight limits set forth in this article.
Passenger car.
A vehicle used primarily for the transportation of individuals, and not primarily for the transport of goods, property, commodities, freight or waste.
Person.
Any person, firm, partnership, association, corporation, company, political subdivision, or other organization of any kind.
Semitrailer.
A vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.
Street.
Any paved or unpaved surface of road, highway, alley or other public way designated or used for public vehicular traffic and the right-of-way for same, including but not limited to adjoining sidewalks, drainage ditches and utility easements; provided, however, that this definition does not include state highways.
Town.
The Town of Fairview, Texas.
Trailer.
A vehicle that is designed or used to carry a load wholly on its own structure; and is drawn or designed to be drawn by a motor vehicle.
Truck-tractor.
A vehicle that is designed and used primarily for drawing another vehicle and is not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn.
Vehicle.
Any automobile, truck, semitrailer, camper, van, trailer, truck-tractor or any device - in both moving and stationary modes, irrespective of condition - or any combination of any of same connected in any manner for traveling together as a unit that is capable of transporting persons, goods, property, commodities, freight or waste.
(Ordinance 2011-8-2D adopted 8/2/11)
A gross weight maximum limit of 58,420 lbs. is established for any vehicle on the following street(s) or segment of street(s) within the town:
An approximately one-mile in length segment of Stacy Road from the intersection of Stacy Road and Stone Hinge Drive to the intersection of Stacy Road and County Road 317 (said County Road 317 otherwise being known as Orr Road).
(Ordinance 2011-8-2D adopted 8/2/11)
(a) 
Special permits to exceed the gross weight maximum limits set forth in this article may be granted by the town manager upon application in writing to allow overweight vehicles to operate on town streets during emergency situations or under special circumstances as set forth in this section. The town manager should grant a permit application only if has been clearly demonstrated by an applicant that all other alternative routes, equipment disassembly measures, and/or divisions of an overweight vehicle load are impracticable. Inconvenience or increased cost for the applicant does not, in itself, indicate that a potential alternative to the grant of a permit is impracticable.
(b) 
Permits are to be granted on a trip-by-trip basis only. All permits granted by the town manager under this section shall be valid only:
(1) 
For a single, identified vehicle for a single trip in one direction along any street in the town to which the weight limit(s) in this article apply;
(2) 
For the period of time described in the permit;
(3) 
For travel on the specific route designated on the permit; and
(4) 
To the extent that the permitted vehicle’s actual weight does not exceed the special allowance granted by the permit.
(c) 
Permits granted under this section cannot be transferred, modified, or applied to cover vehicles other than those specified in the permit.
(d) 
If an applicant who has been denied a permit under this section believes that this section has been misapplied, the applicant may appeal the denial to the town council and request a public hearing. Requests for a public hearing before the town council must be in writing and made on or before the seventh business day following denial by the town manager. If the town council determines that a hearing is warranted, it will place the matter on the meeting agenda for the next regularly scheduled town council meeting open to the public that allows enough time to post notice of the hearing in compliance with applicable law.
(e) 
Any person moving a greater weight upon a street pursuant to such special permit shall have the written permit in the possession of the driver of any such overweight vehicle while upon a street of the town.
(f) 
It is an affirmative defense to enforcement of a violation of this article that the driver of an overweight vehicle:
(1) 
Possessed a valid permit granted under this section for that overweight vehicle; and
(2) 
The route, time, and manner of travel on a street of the town is within the terms defined by said permit.
(g) 
The actions taken under authority of this article are undertaken by the town in the interest of the general public as part of the town’s governmental functions of providing for street maintenance, regulation of traffic, and transportation systems.
(h) 
Nothing in this article is intended to waive the town’s immunity from suit or liability, nor any immunities applicable to any town official or employee.
(i) 
Any permit issued by the town under this article is not a property interest.
(Ordinance 2011-8-2D adopted 8/2/11)
(a) 
Within the town and on any street set forth in section 12.04.004, it shall be unlawful for any person to operate, drive, move, park, or otherwise place or cause to be operated, driven, moved, parked or placed any overweight vehicle.
(b) 
The town manager or his or her designee is authorized and directed to place appropriate signs indicating the gross weight maximum limit at appropriate place(s) on or near the streets referenced in section 12.04.004.
(Ordinance 2011-8-2D adopted 8/2/11)
(a) 
From and after the effective date of this article it shall be unlawful for any person to - within the town on Stone Hinge Drive or Elisabeth Way - operate, drive, move, park, or otherwise place or cause to be operated, driven, moved, parked or placed any one or more of the following types of vehicles:
(1) 
Overweight vehicles;
(2) 
Trailers in excess of 20 feet in length;
(3) 
Truck-tractors; or
(4) 
Semitrailers.
(b) 
The town manager or his or her designee is authorized and directed to place appropriate signs indicating “No Through Trucks” or similar words at appropriate place(s) on or near the streets referenced in this section.
(Ordinance 2011-8-2D adopted 8/2/11)
The provisions of this article shall not apply to:
(1) 
Emergency vehicles operating in response to any emergency call;
(2) 
An owner and/or operator of a commercial vehicle driving to and from his residence;
(3) 
Vehicles owned and/or operated by or on behalf of the town, while engaged in the repair, maintenance or construction of streets and/or performing official, authorized town-related business; and
(4) 
Vehicles operating upon a route officially designated as a detour route when there is no reasonable alternative route for reaching the ultimate destination of the vehicle.
(Ordinance 2011-8-2D adopted 8/2/11)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed $500.00 or the maximum amount allowed under law, whichever is less, in accordance with section 12.01.001 of this chapter.
(Ordinance 2011-8-2D adopted 8/2/11)