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.
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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
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