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regulation of trucks and truck routes is hereby repealed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
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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
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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
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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
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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
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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
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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
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