shall have the same meaning as the definition of "commercial
motor vehicle" contained in Texas Transportation Code section 548.001(1),
as it exists or may be amended.
means any commercial vehicle whose origin or destination
is within the city limits, as they exist or may be amended.
shall have the same meaning as the definition of "motor vehicle"
contained in Texas Transportation Code section 642.001(1), as it exists
or may be amended.
means a wheeled device made to be hauled without cost by
a noncommercial motor vehicle upon a road or highway, and includes
a horse trailer, dog trailer, car trailer, motorcycle trailer, boat
trailer, lawn equipment trailer, gooseneck trailer, and any other
trailer designed and intended to be used to carry animals, boats,
large items, or motor-driven means of transportation.
means a portable vehicle designed for a temporary or short-term
occupancy for travel, recreational or vacation uses, including but
not limited to vacation travel trailers, converted buses, tent trailers
or similar devices used for temporary portable housing.
means any portion of a street that is located within or has
adjacency on at least one (1) side to any district classified or permitted
by the city's zoning ordinance to contain residential homes, apartments
or condominiums, but shall exclude any designated truck route.
means any commercial vehicle not defined as a local commercial
vehicle.
(Ordinance 568-08 adopted 2/19/2008)
(a)
Any person, firm, corporation or entity who violates this article
shall be guilty of a misdemeanor, and upon conviction thereof shall
be fined a sum not less than one hundred dollars ($100.00) and not
to exceed five hundred dollars ($500.00).
(b)
Each continuing day's violation or use of other unauthorized streets
within the same day shall constitute a separate offense. The penal
provisions under this article shall not preclude the city from filing
suit to enjoin the violation. The city retains all legal rights and
remedies available to it pursuant to local, state and federal law.
(Ordinance 568-08 adopted 2/19/2008)
(a)
No person shall knowingly or recklessly operate any commercial vehicle
upon any public street, except upon such streets as are designated
as truck routes or in accordance with an approved road use agreement.
Whenever any street designated as a truck route is being repaired
or is otherwise temporarily out of use, the city manager or his/her
designee is authorized to designate alternate truck routes for such
periods as may be necessary.
(b)
This article shall not apply to:
(1)
Recreational vehicles and personal trailers;
(2)
Street construction, maintenance and repair vehicles engaged in the
construction, maintenance, or repair of city streets;
(3)
Vehicles used by public utility companies engaged in providing or
expanding their service(s) within the city or repairing facilities
within the city;
(4)
Authorized emergency vehicles responding to emergency calls or on
official business;
(5)
Vehicles used or operated by the city performing city business;
(6)
Vehicles used by any city franchisee for the franchisee's approved
activities, only if the franchisee's road use agreement with the city
provides for repair of damages to city streets caused by the franchisee's
vehicles, under any circumstances; or
(7)
Vehicles operating under a valid permit issued by the Texas or U.S.
Department of Transportation pursuant to Transportation Code section
623.071.
(c)
Commercial vehicles restricted to designated as truck routes under
this section may depart from such truck routes where:
(1)
It is necessary to load or unload merchandise at locations situated
off designated truck routes within the city boundaries; provided,
however, such vehicles shall not leave a designated truck route until
they have reached a turning-off point that can be described as the
shortest practical distance to the destination of the vehicle within
the city boundaries which is consistent with the reasonable operation
of the vehicle.
(2)
It is necessary to travel to or from a truck terminal or place of
truck repair so long as such vehicle proceeds by the most direct route
practical from the truck route to the terminal or place of truck repair
and so long as the vehicle does not use residential streets or roadways
to reach a truck terminal or place of truck repair. In no event will
such commercial vehicles departing from a designated truck route,
under the provisions of this exception, operate on streets or roadways
prohibited for truck travel under this article.
(d)
No person shall knowingly or recklessly operate a commercial vehicle, except as exempted in subsection (b), on any street not designated as a truck route without having in their possession a log book, delivery slip, or other evidence of destination or point of origin for such vehicle in the city.
(f)
The director of public works shall erect appropriate signage or markings
providing identification of designated truck routes or other prohibited
areas.
(Ordinance 568-08 adopted 2/19/2008)
(a)
Any person desiring to operate a commercial vehicle on city streets
or roads not designated as a truck route, or in a manner not authorized
by this article, shall enter into a road use agreement with the city.
Said individual shall hereinafter be referred to as "applicant."
(b)
The road use agreement may relate to the individual operation of
a single vehicle or may include multiple vehicles and operators.
(c)
Applications shall be obtained from, and submitted to, the city secretary.
(d)
Applicants shall furnish at their expense a corporate surety performance
bond, with the city as an additional insured, in an amount determined
by the city, based on the estimated cost to the city, at the time
of the agreement, reasonably necessary for materials, labor and equipment
to reconstruct the particular roadway(s) covered by the road use agreement.
Said bond shall be in full force and effect during the duration of
the road use agreement.
(e)
The applicant shall specify the gross weight of the equipment or
vehicles, which shall not exceed 30,000 pounds of gross weight on
a designated municipal truck route or 20,000 pounds gross weight on
a nondesignated truck route.
(f)
The city shall ascertain and designate the particular roadways capable
of sustaining the excess load weight and the duration of use.
(g)
The road use agreement shall specify the procedure for inspection
of any road or street damage caused by or resulting from use by the
applicant or agents. A specific date [shall be established] for reimbursement
to the city for the reconstruction of any portion of any street or
road after receiving notice of damage. If the applicant fails to timely
pay the road damage amount determined by the city, the road use agreement
shall terminate.
(Ordinance 568-08 adopted 2/19/2008; Ordinance 594-09 adopted 4/20/2009)
(a)
It shall be unlawful for any person to operate, or permit to be operated,
a commercial vehicle upon any street or alley within the city, except
that such commercial vehicle may travel or be operated a on an street
designated as a truck route, United States highway, or state highway.
(b)
It shall be unlawful for any person to operate any local commercial
vehicle upon any street or alley within the city, except on a designated
truck route, United States highway, or state highway.
(1)
A local commercial vehicle may leave any designated truck route,
United States highway, or state highway and travel on any street or
alley within the city for the purpose of delivering or picking up
goods, wares, materials, and/or merchandise or returning to its established
place of business or home. When a local commercial vehicle enters
a street or alley as herein permitted, such vehicle shall enter such
street or alley at the intersection nearest the point of pickup or
delivery or its established place of business or home and return to
the truck route by the nearest route.
(2)
Where more than one pickup or delivery off the designated truck route
is required, a local commercial vehicle other than a diesel-powered
tractor or tractor-trailer combination shall not be required to return
to the truck route after each individual pickup or delivery if the
next pickup or delivery is less than one-half mile from the preceding
pickup or delivery, but in any event the vehicle shall return to the
truck route upon the completion of all pickups and deliveries.
(3)
No commercial vehicle or diesel-powered tractor or truck-tractor
combination shall be operated on any residential street between the
hours of 8:00 p.m. and 7:00 a.m. unless a specific written exception
has been granted by the city.
(c)
It is an offense for an individual to operate a commercial vehicle
on all streets and roads in the city unless:
(Ordinance 568-08 adopted 2/19/2008)
