The following wording and phrases, when used in this article,
shall for the purposes thereof have the meanings hereinafter ascribed
to them:
City street.
Any street within the corporate limits of the city that has
been constructed and/or maintained by the city and which does not
have a county, state, or federal marker or designation.
Commercial service.
A shop or station which provides goods or service, such as
fuel, lubricants, tires, accessories, etc., for vehicles and is open
to the public.
Commercial vehicle.
Any single vehicle which is self-propelled and the operator
is required by state law to have a commercial driver’s license
to operate said vehicle, or any size vehicle which requires hazardous
materials placards, whether loaded or unloaded.
Designated truck route.
A street within the corporate limits of the city that is
maintained by the state or county and has a county, state or federal
route identification number or designation.
Government vehicle.
A vehicle owned and/or operated by a federal, state, county
or city governmental department or agency or by a public school district.
(Ordinance 9806, sec. 1, adopted 5/12/98)
Any person, firm or corporation violating any provision of this article shall be found guilty of a class C misdemeanor and anyone convicted of said violation shall be fined as provided in section
1.01.009.
(Ordinance 2002-22, sec. 4, adopted 8/27/02)
(a) No person shall operate a commercial vehicle within the city upon
any city street except for the purpose of delivery or pickup of materials
or merchandise, or for the purpose of driving to and from commercial
repair or service facilities, or for the purpose of entering or exiting
a private parking lot of a commercial establishment which provides
food and/or lodging, in which case such vehicle may be driven on such
streets for not more than the minimum distance necessary for such
purpose or purposes.
(b) Any person who has a need to operate a commercial vehicle on city
streets may apply for a permit from the city. In reviewing an application
for a commercial truck permit, consideration will be given to the
proposed route, the distance that must be traveled to and from a designated
truck route, the general conditions of the roadway, and the density
of residences along the specified route, along with any other relevant
factors, before a permit will be granted.
(c) Government vehicles shall be exempt from the permit requirements
of this article.
(Ordinance 9806, sec. 2, adopted 5/12/98)
(a) Application.
Any person wishing to operate a commercial
vehicle on a city street for purposes other than those herein permitted
shall file an application for a commercial truck permit with the city
secretary.
(b) Fee.
A permit fee as set from time to time by resolution
of the city council shall be paid at the time an application is filed
with the city secretary, and said fee shall be refunded if the permit
is denied.
(c) Approval.
The city manager shall review all commercial
truck permit applications and with the advice of the chief of police
and the public works director shall either approve or reject said
application.
(d) Expiration date.
All commercial truck permits issued
on or before the 31st day of December shall expire on 31st day of
March of the next calendar year. Permits issued after the 1st day
of January shall expire on the 31st day of March of the next calendar
year.
(e) Carrying of permit or attachment to vehicle.
The commercial
truck permit must be in the vehicle and available for inspection upon
demand by a police officer at all times. In the event the city issues
permits that can be affixed to the vehicle, then the permit must be
affixed to the vehicle as directed by the instructions issued with
the permit.
(Ordinance 9806, sec. 7, adopted 5/12/98; Ordinance 2000-02 adopted 3/28/00; Ordinance
2000-13 adopted 5/9/00)
No person may park or leave standing a commercial vehicle on
any public street or alley or shoulder thereof within the city.
(Ordinance 9806, sec. 3, adopted 5/12/98)
(a) No person in charge of operating a commercial vehicle and no person in whose name the vehicle is registered shall allow or permit such vehicle to be parked in violation of section
12.05.005 of this article. The same is hereby declared to be a nuisance per se and the fact that such vehicle is unattended or unoccupied by said person shall be prima facie evidence that the operator thereof and the owner thereof unlawfully and knowingly so parked such vehicle.
(b) Any commercial vehicle found parked on private property in which access to said private property required the commercial vehicle to travel on a city street to park shall be prima facie evidence that the operator thereof unlawfully and knowingly traveled on a city street to park such vehicle in violation of section
12.05.003 of this article.
(Ordinance 9806, sec. 4, adopted 5/12/98)
Such vehicle illegally parked in violation of section
12.05.005 of this article shall be removed or impounded in the same manner as provided for removal of motor vehicles under V.T.C.A., Transportation Code, chapter 683.
(Ordinance 9806, sec. 5, adopted 5/12/98)
(a) Definitions.
Commercial vehicle.
Any single vehicle which is self-propelled and the operator
is required by state law to have a commercial driver’s license
to operate said vehicle, or any size vehicle which requires hazardous
materials placards, whether loaded or unloaded.
Other large vehicles.
Any truck or truck-trailer combination that is too large
for normal on-street parking.
(b) Allowable parking.
Commercial trucks and other large
vehicles shall be allowed to park off of the roadway on the north
side of Boothe Drive (U.S. 90A). Parking shall be limited to only
commercial or other large vehicles for a period of time not to exceed
thirty (30) minutes and in an area designated by signs posted for
said purpose.
(c) Signage.
It shall be the duty of the city manager to
erect appropriate signs to denote “30 Minute Parking - Trucks
Only” on the north side of the 400 block of Boothe Drive.
(d) Violations.
It shall be unlawful and an offense for:
(1) Any vehicle to remain parked in the designated area for more than
thirty (30) minutes;
(2) Any vehicle to jump over a curb to enter or exit the parking area;
(3) Any vehicle to enter or exit the designated parking area by means
of Lake Avenue;
(4) Any unauthorized person to deface, tamper with, or destroy the signs.
(e) Penalty.
Any person, firm or corporation violating any provision of this section shall be found guilty of a class C misdemeanor and anyone convicted of said violation shall be fined as provided in section
1.01.009. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense.
(Ordinance 2000-18 adopted 7/11/00; Ordinance 2002-22, sec. 4, adopted 8/27/02)
(a) This section applies to the use or operation of an auxiliary or compression
engine brake (also known as “jacobs brake” or “jake
brake”), which produces any noise in addition to the normal
operating engine noise, and its prohibited use within the city limits.
This provision is not intended to prohibit the passage of vehicles
equipped with engine brakes or “jake brakes” in the city
limits but rather prohibit the use of such equipment in the city limits.
(b) It shall be unlawful for any driver of a truck or truck-tractor to
activate or use the unit’s engine brake within the city limits
except in an emergency situation.
(c) The term “emergency situation,” for the purposes of this
section, shall mean one in which there is imminent danger of collision
with property, persons or animals.
(d) Emergency vehicles will be exempt from this section.
(e) Any person, or persons, violating or failing to comply with any provision
of this section shall be fined, upon conviction, not more than five
hundred ($500.00) dollars, for each offense.
(Ordinance 2012-03 adopted 8/14/12; Ordinance 2014-04 adopted 5/27/14)