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1991-120e wpdocs\tkrt o ORDINANCE NO -Mad AN ORDINANCE REPEALING SECTIONS 18-51, 18-52, 18-53, 18-54, 18-55, AND 18-56 OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO REGULATION OF TRUCKS AND TRUCK ROUTES, AMENDING DIVISION 2 (TRUCKS AND TRUCK ROUTES) OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, ESTABLISHING DEFINITIONS, ESTAB- LISHING DESIGNATED TRUCK ROUTES AND REGULATING FOR DEPARTURE THERE- FROM, PROVIDING FOR EXCEPTIONS, PROHIBITING CERTAIN USE OF RESIDEN- TIAL STREETS, ESTABLISHING REQUIREMENTS FOR THE OPERATION OF CON- CRETE TRUCKS, ESTABLISHING A MAXIMUM VEHICLE LOAD LIMIT, PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATION THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Sections 18-51, 18-52, 18-53, 18-54, 18-55, and 18-56 of Chapter 18 of the Code of Ordinances relating to regulation of trucks and truck routes is hereby repealed SECTION II That Division 2 of Chapter 18 of the Code of Ordinances is hereby amended and shall read as follows DIVISION 2. TRUCKS AND TRUCK ROUTES Sea 18-51 Definitions The following words and phrases, when used in this article, shall, for the purpose of this article, have the following meaning Commercial vehicle shall mean any motor vehicle designed or used for the transportation of property, not including a passenger bus, passenger automobile, panel delivery truck or pickup truck Garage shall mean a place of enclosed shelter or repair facility for vehicles Gross vehicle weight shall mean the total weight of a vehicle including any load being carried by the vehicle Motor vehicle shall mean every vehicle as herein defined which is self-propelled Pole trailer shall mean every vehicle without mo- tive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed, or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capa- ble, generally, of sustaining themselves as beams between the supporting connections Residential street shall mean a street whose pre- dominate purpose is to provide access to abutting single family or two family residential proper- ties Semitrailer shall mean every vehicle of the trail- er type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle Trailer shall mean every vehicle without motive power designed or used for carrying property or passengers wholly on its own structure and to be drawn by a motor vehicle Truck terminal shall mean an end of a carrier's line containing a truck yard, dock and lighterage facilities, management offices, or storage sheds for vehicles or cargo Truck-tractor shall mean every vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn Vehicle shall mean every mechanical device in, upon or which any person or property is or may be transported or drawn upon a public highway, in- cluding motor vehicles, truck-tractors and semi- trailers, severally, as herein defined, but ex- cepting devices moved by human power or used exclusively upon stationary rails or tracks 8eo 18-52 Truck routes; use required; exceptions It shall be unlawful to operate or cause to be operated upon any public street within the corporate limits of the city any PAGE 2 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 traveling to or from a truck terminal, garage, place of repair, place of performing a service or a place of loading or unloading, over the shortest practicable 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 increase 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 utility or providing maintenance service to such facilities (4) To a city-owned vehicle operated for public service, 1 e , garbage pick-up, street repair and water service Sec 18-53 Truck routes designated The following portions of streets, to be used in accordance with the provisions of this article, are hereby established as truck routes Airport Road (F M 1515) from Interstate 35W to the Municipal Airport Bell Avenue from Mingo Road to the intersection of Eagle Drive and Dallas Drive Carroll Boulevard from Sherman Drive to Fort Worth Drive Colorado Boulevard from Spencer Road to Loop 288 Country Club Road (F M 1830) from U S 377 (Fort Worth Drive) to the south city limits line PAGE 3 Dallas Drive from the intersection of Eagle Drive and Bell Avenue to Interstate 35E Eagle Drive from Interstate 35E to the intersection of Bell Avenue and Dallas Drive F M 1173 from Interstate 35 to the west city limits line Fort Worth Drive (U S Highway 377) from Eagle Drive to the south city limits line Interstate 35 from the north city limits line to Interstate 35E and 35W Junction Interstate 35E from Interstate 35E and 35W Junction to the south city limits line Interstate 35W from Interstate 35E and 35W Junction to the south city limits line Lillian Miller Parkway from Teasley Lane to Interstate 35E Locust Street (F M 2164) from Sherman Drive to Eagle Drive Locust Street (F M 2164) from the north city limits line to Highway 77 (Elm Street) Loop 288 from Interstate 35E to Interstate 35 McKinney Street from Carroll Boulevard to the east city limits line Mesa Drive from Highway 380 (University Drive) to Barcelona Street Mingo Road from Ruddell Street to Bell Avenue Morse Street from Loop 288 to Mayhill Road Prairie Street from Locust Street (F M 2164) to Bell Avenue Ruddell Street from U S 380 (University Drive) to Mingo Road San Jacinto Boulevard from Interstate 35E to Colorado Boule- vard Shady Oaks Drive from Willow Springs Drive to Woodrow Lane Sherman Drive from the north city limits line to Carroll Boule- vard Spencer Road from Loop 288 to Mayhill Road PAGE 4 Teasley Lane from Dallas Drive to the south city limits line U S 77 from Interstate 35E to Fort Worth Drive U S 380 (University Drive) from the east city limits line to the west city limits line Willow Springs from Dallas Drive to Shady Oaks Drive Woodrow Lane from McKinney Street to Spencer Road Sec 18-54 Certain use of residential streets prohibited No person shall operate a diesel-powered tractor or truck- tractor combination on any residential street between the hours of 10 00 p m and 7 00 a m Sec 18-55 Operation of Concrete Trucks (a) The owner of any vehicle used to transport ready-mix concrete shall file with the City Engineer a surety bond in the amount of $5,000C-arfT conditioned that the owner of any such vehicle will pay to the City the cost of repairing all damages to streets by reason of the operation of any such vehicle with a tandem-axle load in excess of thirty-six thousand pounds (36,000 lbs ) (b) It shall be unlawful to operate a vehicle transporting ready-mix concrete unless it contains a functioning device attached to the concrete chute which traps concrete Sec. 18-56 Maximum vehicle load limit (a) It shall be unlawful to operate, cause to be operated, or permit to be operated on any public street within the City, a motor vehicle or combination of vehicles having a weight in excess of any one or more of the following limitations (1) In no event shall the total gross weight, with load, of any vehicle or combination of vehicles, exceed eighty thousand pounds (80,000 lbs ) (2) No axle shall carry a load in excess of twenty thousand pounds (20,000 lbs ) An axle load shall be defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (4011) apart, extending across the full width of the vehicle (3) The total gross weight concentrated on the highway surface from any tandem-axle group shall not exceed thirty-four thousand pounds (34,000 lbs ) for each such PAGE 5 tandem-axle group "Tandem-axle" 1s defined as two (2) or more axles spaced forty inches (4011) or more apart from center to center having at least one (1) common point of weight suspension (b) The provisions of Section 18-56(a) shall not apply to (1) Any person operating or causing to be operated a motor vehicle for which a valid permit for the operation of overweight equipment used for transporting commodities which cannot be reasonably dismantled has been issued by the State Highway Department under the provisions of TEX REV CIV STAT ANN art 6701a (Vernon 1977), as amended, (2) Any person operating an emergency vehicle in response to any emergency call, (3) Any person operating a vehicle for the purpose of constructing or maintaining any public utility in the City of Denton, or (4) Any person operating a City-owned vehicle while per- forming public service, 1 e , garbage pick-up, street repair, and water service (c) Vehicles used exclusively to transport ready-mix concrete shall be operated in accordance with the weight provisions of TEX REV CIV STAT ANN art 6701d-12, Sec 2 (Vernon 1977, Supp 1991), as amended No vehicles regulated by this paragraph shall carry a tandem-axle load which exceeds thirty-six thousand pounds (36,000 lbs a single axle load which exceeds twelve thousand pounds (12,000 lbs and a gross load which exceeds forty-eight thousand pounds (48,000 lbs ) (d) Vehicles used exclusively to transport milk may be operated if the distance between the front wheel of the forward tandem-axle, measured longitudinally, is at least twenty- eight feet (281), and the maximum load carried on any group of axles does not exceed sixty-eight thousand pounds (68,000 lbs ) (e) Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, TEX HEALTH & SAFETY CODE ANN §361 003 (Vernon 1991), may be operated upon the public streets of the City of Denton with a tandem-axle gross load not to exceed forty- four thousand pounds (44,000 lbs a single axle gross load not to exceed twenty thousand pounds (20,000 lbs ) and a gross load for the vehicle not to exceed sixty-four thousand pounds (64,000 lbs ) provided that when the PAGE 6 vehicle is to be operated with a tandem axle load in excess of thirty-four thousand pounds (34,000 lbs the owner shall have first filed with the State Department of Highways and Public Transportation a surety bond as required by TEX REV CIV STAT ANN art 670ld-10a (Vernon 1977) (f) Any peace officer having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, as provided herein, is authorized to weigh the same by means of portable or stationary scales, or cause the same to be weighed by any public weigher, and to require that such vehicle be driven to the nearest available scales for the purpose of weighing In the event the maximum gross weight or axle load of such vehicle is found to exceed by more than five percent (5%), the maximum weight authorized by law, such peace officer may issue a citation, unless the operator possesses a valid overweight permit issued by the Texas Department of Highways and Public Transportation or the Commissioners Court of the County of Denton, Texas Soo 18-57 Penalty provision for violations Any person, partnership, limited partnership, association, or corporation who fails to comply with the provisions of this section shall be guilty of a misdemeanor, and upon first conviction shall be fined a sum of not less than Twenty-five Dollars ($25) nor more than Two Hundred Dollars ($200), and on a second or subsequent conviction a sum of not less than Fifty Dollars ($50) nor more than Two Hundred Dollars ($200) Sea 18-58 Marking of truck routes The City Engineer may cause to be posted appropriate signs and markings giving notice of designated truck routes SECTION II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION III 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 newspaper of the City of Denton, Texas, within ten (10) day of the date of its passage PAGE 7 PASSED AND APPROVED this the k2 day of ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR D AS O LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY ' 1991 PAGE 8