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0172ORDINANCE NO. AN ORDINANCE PROVIDING REGULATIONS GOVERNING THE USE 0F PUBLIC STREETS, AVENUES, ALLEYS, HI~tWAYS, BOULEVARDS AND PUBLIC GROUNDS LIMIT- ING THE WEIGHT OF LOADS AND SIZE OF VEHICLES OPERATING THEREON; PROVIDING FOR CERTAIN DESIGNATED TRUCK ROUTES; AND DECL/LRING AN EMERGENCY. BE IT ORDAINED BY TEE CITY COUNCIL OF TH~ CITY OF SOUTHLAKE TF~KAS: SECTION 1. Defir~itions The following words and phrases when used in ttSs Ordinance shall for the purpose of this Ordinance have the meanings respectively ascribed to them in this sac- tion as follows: Vehicle - Every mechanical device, in upon, or by which ~y person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck-tractors, and semi- trailers, severally as hereinafter defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. Motor Vehicle - Every vehicle, as herein defined, ~lich is self-propelled. Commerical Motor Vehicle - Any motor vehicle desi~led or used for the transportation of property, not including a passenger bus, passenger automobile, motorcycle, panel deli very truck, or pickup truck. Truck-Tractors - Every motor vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the wei~,t of the vehicle and load so drawa. Trailer - Every vehicle without motive power designed or used to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. Semi-Trailer - Every vehicle of the trailer type so designed or used in conjuntion 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 vet~cle. Mobile Home - Living quarters equipped and used for sleeping and eating which may be moved from one location to ~other over a public street by being pulled behind a motor vehicle. Pole Trailer - Every vehicle without motive power designed to be dram~ by another vehicle and attached to the towing vehicle by means of a reach or a 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 capable, generally, of sustaining themselves as beams between the supporting connections. SECTION 2. Restrictions to T~uck Routes No person shall operate or cause to be operated any co~mmercial motor vehicles, truck-tractor, trailer, semi-trailer, or any combination thereof through the City of Southlake in inter-city travel without a local destination or point of origin except upon such streets as are designated as Truck Routes by this ordinance. SECTION 2' Requirements and Exceptions Reqt~rements. Except as otherwise provided herein, no person shall operate or cause to be operated upon any public street within the corporate limits of the City of Southlake any cormmercial motor ve~icle, truck-tractor, semi- trailers, or any combination thereof except on such street or strests as are designated as Truck Routes. B. Exceptions. The provisions of this section 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 leading or unloading, over the shortest practicable route to a point on a Truck Route, any such vehicle shall be permitted to proceed from one such point without re- turning to a Truck Route if to so return would unreasonably increase the distance to be traveled between such points; the operators of any such vehicle shall carry evidence of the location of its last stop and of its i~mnediate destination in order for this exception to apply; (2) To emergency vehicles operating in response to any emergency call; (3) To vehicles operated by a public utility while cruising in any assigned area for the purpose of inspecting the facilities of said public utility and/or providing maintenance service to said facilities. SECTION 4. Designated Truck Routes A. The following streets and parts of streets are designated "Truck Routes" under this ordinance: Names of Streets State Highway 114 PM 1709 FM 1938 State Highway Loop 382 Limits Within City Limits Within City Limits Within City Limits Within City Limits The Chief of Police shall erect appropriate signs and markings to designate the Truck Routes described herein. Whenever any street designated as a Truck Route is being repaired or is otherwise temporarily out o£ use, the Chief of Police is hereby authorized to designate alternate Truck Routes for such per- iod as ~g~ht be necessary. -2- SECTION ~. Maximum Weights, Dimensions ~ld Fees A. Except as other provided herein, it shall be un- lawful and in violation of this ordinance for any person to drive, operate or move, and/or to cause or peri,it to be driven, operated, or moved on any public street within the corporate limits of the City of Southlake, any commercial motor vehicle with or without load, contrary to any of the reg- ulations contained in this section. B. (1) No commercial motor vehicle shall exceed a total outside width, including any load thereon, of ninety-six inches (96"), except that ~le width of a farm tractor shall not exceed nine feet (9') and that the limita- tions as to size of a vehicle stated in this sedion shall not apply to implements of hus- bandry, machinery used solely for the purpose of drilling water wells, or to highway or street-building or maintenance machinery owned or operated by or in behalf of the State of Texas or any of its political sub- divisions or of the City of Southlake. (2) No commercial motor vehicle unladen or with load shall exceed a height of thirteen feet, six inches (13'6") including load. (3) No commercial motor vel~cle, truck-tractor, trailer, or semi-trailer shall exceed a length of forty feet (40') except it shall be lawful for refrigeration equipment in- stalled in a trailer or semi-trailer for the purpose of refrigerating the cargo thereof to overhang the front of such vehicle more than forty feet (40,); when any such truck-tractor and semi-trailer are operated in combination no such combin- ation of a truck-tractor and semi-trailer coupled together shall exceed a total length of fifty-five feet (~,); and when operated in any other combination of such vehicles coupled together including but not limited to a truck and semi-trailer, truck and trailer, truck-tractor and semi-trailer and trailer, or truck-tractor and two trailers, then no such other combination of such veh- icles coupled together shall exceed a length of sixty-five feet (65'); provided, however, that the provisions of this subsection shall not apply to any disabled vehicle being towed by another reticle to an intake place for re- pairs; and provided further that the above limitations shall not apply to any mobile home or to any combination of a mobile home and a motor vehicle, but no mobile home and motor vehicle combination shall exceed a total length of fifty-five feet (~'). No vehicles or combination of vehicles, ex- cept pole trailers, shall carry any load extending more than three feet (3') beyond the front thereof, nor more than four feet (4') beyond the rear thereof. -3- trailer, semi-trailer, nor combination of such vehicles shall be operated or caused or permitted to be operated upon any public street within the corporate limits of the City of Southlake 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 a two (2) axle vehicle ex- ceed thirty-one thousand (31,O00) potmds; of a three (3) axle vehicle exceed forty- nine thousand (49,000) pounds, of a four (4) axle vehicle exceed sixty-three thous- and (63,000) pounds; of a five (~) axle vehicle exceed seventy-two thousand (72,000) pounds. (2) No axle shall carry a load in excess of eighteen thousand (18,000) pounds. An axle load shall be defined as the total load transmitted to the road by all whsels whose centers may be included between two (2) parallel tr~lsverse verticle planes forty inches (40") 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-two thousand (32,000) pounds for each such t[ndem-axle group. "Tan- dem axle group" is defined to be two (2) or more axles spaced forty inclles (40") or more apart from center to center having at least one (1) common point of weight suspension. (4) Vehicles used exclusively to transport ready- mix concrete may be operated upon the public streets of the City of Southlake but a tan- dem-axle load of such vek~cle shall not exceed thirty-six thousand (36,000) pounds, a single- axle load shall not exceed twelve thousand (12,000) pou~lds and a gross load shall not exceed forty-eight thousand (48,000) pounds. D. The provisions of this section shall not apply to: (1) Any person operating or causing to be operated a motor ve~cle mnder a valid and subsisting permit for the operation of over-weight or over-size equipment for the transporation of such commodities as carmot be reasonably dis- mantled issued by the State Highway Depart- ment under the provisions of Article 6701a of the Revised Civil Statutes of Texas as said article now exists or might from time to time be amended; (2) (3) Emorgency versicles operating in response to any emergency call; Vehicles operated for the purpose of con- structing or maintaihing any public utility in the City of Southlake; (~) (2) (~) Upon written application timely made by any person or corporation which desires to operate or cause to be operated on the public streets within the corporate limits of the City of Southlake, Texas, overweight or oversize equipment for the transportation of such commodities as cannot be reasonably dismantled where the total gross wei¢~t or size of the vehicle and its load exceed the limits allowed by this section, the Chief of Police, after consulting with the Mayor, shall issue a per,it for the operating of such equipment or fleets of equipment for a speci- fied period of time, over a route or routes to be designated by the Chief of Police, if such routes can be determined at the time application for the per~it is made. The application for the pemit provided for in this section shall be in writing, shall be dated and signed by the applicant, and shall contain the following: (a) the kind of equipment to be operated, ~ith a complete description of same and a statement as to its weight; (b) the kind of commodity to be trans- ported and a certificate as to its weight; (c) the street or streets over which the said equipment is to be operated, the date or dates and the approximate time of said operation, and the number of trips to be made, except when the nat- ure, route, time, or frequency of op- eration cannot be determined at the time the permit is issued. Before a permit is issued under this sectio~ the applicant for same shall file with the City Secretary a bond in an amount to be set and approved by the Mayor. The amount of such bond shall not exceed the product of the nu~nber of Yehicles for which a permit is sought multiplied by Ten Thousand and No/lO0 Dollars ($10,000.00). Said bond shall be payable to the City of Southlake and tioned that the applicant will pay to the City of Southlake the s~am of money necessary to repair any damage which mi¢~t be occasioned to any public street or publicly-owaed fix- ture appurtenant to such street by virtue of operation of any commercial vehicle under said permit. Venue of any suit for recovery upon said bond shall be in Tarrant County, Texas, and any bond issued hereunder shall contain an unambiguous coatractual provision to that effect. fee shall be charged for each per~ait as $ ~.00 for single trip permits. 10.00 for periods not exceeding thirty (30) days. 1~.O0 for periods not exceeding sixty (60)days. 20.00 for periods not exceeding ninety (90) days. ,i;~0.00 for periods not exceeding one (1) year. The proper fee shall accompany each appli- cation for permit ~d shall be made in cash or by cast. er or certified check or postal money order. The fee shall be returnsd if the application is denied. (~) Any permit issued hereunder shall include at least the following: (a) the n~ne of the applicant, the date, a description of the equipment to be op- erated, and a description of the com- modity to be transported; (b) the signatures of the Chief of Police and the City Secretary; (c) the time for which the permit is issued; (d) the specified street or streets over which the equipment is to be operated, insofar as it can be determined at the time the permit is issued. SECTION 6. Weighing Loaded Vehicles by Police Officers ~ Any police officer of the City of Southtaks hav- ing reason to believe that the gross weight or ~mle load of a loaded motor vshicle is unlawful, is authorized to weigh the same by mesms of port- able or stationery scales furnished or approved by the City of Southlake, or causs the sams to be weighed by any public weigher, and to rsquire that such vehicle be driven to the nearest avail- able scales for the purpose of weighing. In the event the gross weight of such vehicle be found to exceed the maximLun gross weight authorized by this ordinance, plus a tolerance allowance of five per cent (5%) of the gross weight authorized by this ordinance, such police officer shall de- mand and require the operator or owner of such motor vehicle to unload such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum authorized by this ordinance plus such tolerance allowance. Such operator or owner shall forthwith unload such vehicle to the extent necessary to reduce the gross weight thereof to such lawful maximum and such reticle shall not be operated further over the public streets of the City of Southlake until the gross weight of such vehicle has been reduced to a weight not in excess of the max~mlLm limit plus such tolerance allowance. In the event the axl~ load of any such vehicle be found to exceed the maxim~am authorized by this ordinance plus a tolerance allowance of five per cent (5%) of the axle load authorized, such officer shall demand and require the operator or owner thereof to rearrange his cargo, if possible, to bring such vehicle and load within the maximum axle load authorized, and if this carmot be done by rearrangement of said cargo, then such portion of the load as may be necessary to decrease the axle load to the maximmm authorized plus such to]stance allowance shall be unloaded before such reticle may be operated further over the public streets of the City of Southlake. It is further providsd that in the event unload- ing is required that the police officer of the City of Southlake is authorized to require the reticle to be moved to a safe location for the purpose of parking and/or tmloading. (2) It shall be tmlawful for any police officer, city employee, or official of the City, to accept or agree to accept any gift, emolument, money or thing of value, privilege or the prom- ise of either, from any person, firm, corporation, association, partnership, or the officers, agents, servants, or employees thereof as an inducement to enforce or attempt to enforce the weighing and unloading provisions of this ordinance. (3) It shall be unlawful for any person, firm, corpor- ation, association, partnership, or the officers, agents, servants or employees thereof, to give, or offer to give a promise to give to any city employee, police officer or other officer of the City, any gift, emolument, money or thing of value, privilege, or the promise of either, as an induce- ment to enforce or attempt to enforce the weighing and ~n, loading provisions of this ordinance. SECTION 7. Cargo Spillage It shall be unlawful for any person to operate or cause to be operated any commercial motor vehicle on a public street of the City of Southlake in such man,er as to per~it any portion of its cargo, either liquid or solid, to fall out of, spill from, or blow out of such vehicle. SECTION 8. Fine for Violations Any person, firm, corporation, or any agent or employee thereof who violates smy of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction there- of shall be fined not more than Two Hundred and No/100 Dollars ($200.00) for each offense. SECTION 9. Scope of 0?dinance This ordinance shall be and it is hereby declared to be cumulative of all other ordinances of the City of Southlake providing for the regulation of motor vehicles upon the public streets, and this ordinance shall not oper- ate to repeal or affect any of such other ordinances except insofar as the provisions thereof ~ight be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such o~her ord~nce or ordinances are hereby repealed. SECTION 10. Retention of Partial Validit~ If any section, subsection, sentence, clause or phrase of this ordnance is for any reason held to be unconstitu- tional, such holding shall not affect the validity of the remaining portions of this ordinance, and of the remainder of this ordinance not so held to be unconstitutional shall continue to be in full force and effect. SECTION 11. Relief from Personal Liability in Enforcement of Ordinance Ail of the regulations provided in this ordinance are hereby declared to be govermmental and for the health, safety ~d welfare of the general public. Any member of the City Council or any City Official or Employees charged with the enforcement of this ordinance, acting for the City of Southlake in the discharge of his duties, shall not thereby render himself personally liable, and he is TTagdure0 •Q .£euaoqq. q.z0 7..;" :WHOd OS Sir GEA0l1ddv 0013TIBM eluteeoTTV Lx eaoes 15.ErD —r- :ss�ssv MoTD •Z aokew --/v47P • OL6 4 ` 771141 Jo .Lep /47e. s ni4 Qgssva •sexas ` a31BTugno5 JO A TD eua. 30 aededs1eu IeroTJ3o auk. uT uowsopTgnd aededsteu aedoad pue aBssBd aeq.Je eATgoeJJo eq TTBus eoueurpao s;ql, eoueurpa0 Jo e.BQ eATI.oaJJg NOIIDES - ellviqqmos Jo AT0 eqq. 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