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1994-059E:\~PDOCS\ORD\TRUCROUT.ORD ORDINANCE NO. qf'a ? AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 18, ARTICLE II, DIVISION 2 RELATING TO TRUCK ROUTES; PRO- VIDING FOR THE WEIGHT OF VEHICLES USED EXCLUSIVELY TO TRANSPORT READY-MIX CONCRETE; PROVIDING FOR CERTAIN ROUTES FOR VEHICLES POSSESSING A STATE-ISSUED OVERWEIGHT PERMIT; ADDING A PORTION OF PRAIRIE STREET TO THE TRUCK ROUTE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PRO- VISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sec. 18-56(c) of Chapter 18 the Code of Ordinances, Denton, Texas, is hereby amended to read as follows: (c) Vehioles used exclusively to transport ready-mix con- crete shall be operated in accordance with the provisions of Texas Revised civil Statutes Annotated article 6701d-12, Section 2 (Vernon 1977, Supp. 1991), as amended. (1) No vehicles regulated by this paragraph shall carry a tandem-axle load which exceeds forty thousand (40,000) pounds, a single-axle load which exceeds sixteen thousand (16,000) pounds, and a gross load which exceeds fifty-six thousand (56,000) pounds. (2) Vehicles regulated herein when travelling upon city streets shall travel exclusively on streets designated under Sec. 18-53 of Chapter 19 of the Code of Ordinance, except when travelling to or from a truck terminal, garage, place of repair, place of performing a service, or a place of loading or unloading. Any route travelled in accordance with this paragraph shall be over the shortest distance from the point of origin or destination to the closest street designated under Sec. 18-53. The operator of any such vehicle shall have in his possession for inspection of police officers, his log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of the vehicle on a street other than a designated truck route and shall present said evidence on demand of any police officer for this exception to apply. (3) Vehicles regulated herein exceeding the weight requirements as specified in (1) above shall be operated exclusively upon State-designat- ed roadways and pursuant to all regulations of State law. SECTION II. That Sec. 18-52 of Chapter 18 of the Code of Ordinances, Denton, Texas, is hereby amended to read as follows: (a) It shall be unlawful to operate or cause to be operated upon any public street within the corporate limits of the city any commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof except on such street or streets as are designated as truck routes. The provisions of this paragraph shall not apply: (1) To a vehicle travelling to or from a truck terminal, garage, place of repair, place of per- forming a service or a place of loading or un- loading, over the shortest practical route to a point on a truck route. Any such vehicle shall be permitted to proceed from one point not on a truck route to another such point without returning to a truck route if to return would unreasonably in- crease the distance to be traveled between such points. The operator of any such vehicle shall have in his possession for inspection of police officers, his log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of the vehicle on a street other than a designated truck route and shall present said evidence on demand of any police officer for this exception to apply. (2) To an emergency vehicle operating in response to any emergency call. (3) To a vehicle operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of such public utili- ty or providing maintenance service to such facil- ities. (4) To a city-owned vehicle operated for the col- lection of solid waste. (b) Notwithstanding any provisions of this Chapter, any vehicle operated pursuant to an overweight permit issued by PAGE 2 the State of Texas shall travel exclusively on streets within the incorporated limits of the City over the shortest distance from the point of their origin or designation to the closest State highway. SECTION III. That Sec. 18-53 of Chapter 18 of the Code of Ordinances, Denton, Texas, is hereby amended to include the following new provision for inclusion to truck routes: Metro Street from Interstate 35W Service Road to its end. Prairie Street from Bell Avenue to Elm Street. SECTION IV. That Sec. 18-51 of Chapter 18 of the Code of Ordinances, Denton, Texas, is hereby amended to include the following definition: State-designated roadway shall mean any interstate highway, U.S. highway, F.M. highway, or loop. SECTION V. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION VI. That the provisions of this ordinance are separa- ble, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION VII. That any person violating any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor, and upon first conviction shall be fined a sum of not less than Twenty- five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), and on a second or subsequent conviction a sum of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00). SECTION VIII. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PAGE 3 BOB'CASTLEBERRY, MAYOR/ ATTEST: / JENNIFER WALTERS, CITY SECRETARY A~P~v~D A,/TO LEGAL FO~. DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 4