HomeMy WebLinkAboutO-1991-1792
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ORDINANCE NO.
1792
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE V, SECTIONS 25-64,
25-80, 25-81, 25-84, 25-85, 25-87 AND 25-89 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADDING DEFINITIONS;
DELETING CERTAIN CUR~ENT DESIGNATED TRUCK ROUTES WITHIN' THE CITY
OF LA PORTE; EXTENDING ONE TRUCK ROUTE; LIMITING PARKING TIME;
REMOVING LOCATION OF TRUCK TERMINALS RESTRICTED; DESIGNATE
HAZARDOUS CARGO ROUTES; UPDATING WEIGHT LIMITS; REMOVING OVER
LENGTH PERMITS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL
UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS
($200.00); CONTAINING SEVERABILITY AND REPEALING CLAU~ES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Chapter 25, Article V, Sections 25-64, 25-81,
25-B4, 25-B5, 25-87 AND 25-89 of the Code of Ordinances of' the
City of La Porte is hereby amended to hereinafter read as
follows, to-wit:
"Sec. 25-64. Parking time limit for trailers, semitrailers,
etc.
It shall be unlawful for any person to leave, stand, or
park a trailer, semitrailer, pole trailer, ranch trailer,
boat, house trailer, utility trailer, or truck tractor,
either:attached or unattached to a motor vehicle, on the
public streets of the City for a period of time in excess of
four (4) hours, or during any nighttime (as defined herein)
hours. Trucks bearing a Department of Transportation
(D.O.T.) placard shall not be parked on any street for a
period of time in excess of one (1) hour. A placard vehicle
shall not be parked within 2,000 feet of a school campus.
"Sec. 25-80. Definitions.
The following words and phrases, when used in this
article, shall, for the purpose of this article, have the
meanings respectively ascribed to them as follows:
Boat: A water craft not more than twenty-five (25)
feet in length, measured from end to end, over the deck,
excluding shear, and manufactured or used primarily for
noncommercial use; for purposes of this article only, the
term "boat" shall also include the trailer designed and used
for the transportation of said boat over the public streets
and highways.
Commercial Motor Vehicle: Any motor vehicle other than
a motorcycle, designed or used for the transportation of
property, including every vehicle used for delivery
purposes.
Daytime: One-half hour before sunrise to one-half hour
after sunset.
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Gross Weight: The weight of a vehicle without load
plus the weight of any load thereon.
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Ordinance 1792 Page 2
Hazardous Material: Any material that requires a
Department of Transportation placard to be transported.
House Trailer: A recreational vehicle, trailer, or
semitrailer, which is designed, constructed, and equipped as
a temporary dwelling place, living abode, or sleeping place,
and is equipped for use as a conveyance on streets and
highways.
Legitimate Repair Facility: A commercial facility
operated principally for the repair of motor vehicles.
Light Truck. Any truck (as defined in this article)
with a limited manufacturers rated carrying capacity. This
definition is intended to include those trucks commonly
known as one-ton trucks, pickup trucks, panel delivery
trucks, and carryall trucks.
Nighttime: Any time period other than daytime.
Pole Trailer:' Every vehicle without motive 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 capable,
generally, of sustaining themselves as beams between the
supporting connections.
Ranch Trailer: A vehicle with or without motive power
other than a pole trailer, designed for carrying livestock,
ranch implements, or other moveable personal property
attendant to the bUsiness and recreational use of the
raising of livestock or crops.
Semitrailer: Every vehicle, with
power, other than a pole trailer or ranch
for ca,rrying persons or property and for
motor vehicle and so constructed that
weight and that of its load rests upon
another vehicle.
or without motive
trailer, designed
being drawn by a
some part of its
or is carried by
Shipping Containers: Sealable shipping containers,
designed for intermodal transportation, either with or
without a permanent affixed chassis, used in interstate and
international commerce for the shipment of goods and
merchandise.
Shipping Container Storage Yards: A facility for the
storage, handling, and repair of shipping containers.
Trailer: Every vehicle, with or without motive power,
other than a pole trailer or ranch trailer, designed for
carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests
upon the towing vehicle.
Truck: Any motor vehicle designed, used or maintained
primarily for transportation of property.
Truck Routes: Those routes which are designated by
this article for the use of truck traffic.
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Ordinance
1292,. Page 3
Truck Terminal: A commercial facility operated
principally for the loading, unloading, storage, handling,
maintenance, or repair of trucks, truck tractors, trailers,
semitrailers, pole trailers, ranch trailers, shipping
containers, or commercial motor vehicles, as defined in this
section.
Truck Tractor: Every motor vehicle designed and 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.
Truck Traffic: The operation of any combination of a
truck tractor, trailer, semitrailer, pole trailer, shipping
container, or a commercial motor vehicle, but not including
light trucks, boats, house trailers, ranch trailers, and
utility trailers, as herein defined.
utility Trailer: A trailer as defined herein without
motive' power, less than twenty-five (25) feet in length.
(Ord. N. 952, 1, 3-19-93; Ord. No. 1352, 2, 2-2-B3)
"Sec. 25-81. Designation.
For the purposes of this article, those streets
and thoroughfares within the corporate limits of the
City which are enumerated as follows are hereby
designated as truck routes:
Route
Extent
State Highway 225
Entire extent within corporate
limits
New State Highway 146
Entire extent within corporate
limits
Barbours Cut Boulevard
(formerly Crest Lane)
New state Highway l46 East to
corporate limits
16th Street
Barbours Cut Blvd. south to
Falrmont Parkway (formerly
known as South J Street)
Fairmont Parkway
(also known as South
J street)
New state Highway 146
to west corporate limits
West Main Street (also
known as Spencer Highway)
North 23rd Street
New state Highway 146
to west corporate limits
North Avenue C to
Street (formerly
Spencer Highway)
West Main
known as
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Ordinance 1792 Page 4
"Sec. 25-84.
Designation.
For the
thoroughfares
are enumerated
Cargo Routes:
purpose of this article, those streets and
within the corporate limits of the City which
as follows are hereby designated as Hazardous
Route
Extent
state Highway 225
Entire extent within corporate
limits
New State Highway 146
Entire extent within corporate
limits
Fairmont Parkway
(also known as South
J Street)
New state Highway 146
to west corporate limits
Vehicles transporting hazardous materials shall not
leave the Hazardous Cargo Route except to pick up or
deliver. The vehicle shall not leave the Hazardous Cargo
Route until such has reached a point which is nearest the
applicable place of loading or unloading and shall return to
the Hazardous Cargo Route by the most direct route.
"Sec. 25-85. Loading, unloading, repairs.
Truck traffic restricted to the streets designated
as truck routes may depart from such truck routes where
it is necessary to load, unload or seek repairs at a
legitimate repair facility, at a location or locations
situated off designated truck routes. Provided,
however, such truck traffic shall not leave any
designated truck route until such has reached a point
on some designated truck route which is nearest the
applicable place of loading, unloading, or servicing by
the most direct route possible. After leaving a
designated truck route to load or unload, truck traffic
may continue off truck routes to as many points of
destination as necessary. Provided, further, how~ver,
that if, in the COUrse of making the necessary stops
for loading and unloading, the truck traffic shall
cross a designated truck route, then, in that event,
such truck shall not again leave any designated truck
routes until it has reached a point on some designated
truck route which is nearest to the next place of
loading and unloading by the most direct route
possible.
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Ordinance 1792 Page 5
"Sec. 25-B7. Signs, Markings.
(a) When signs are erected giving notice thereof, no
person shall operate any vehicle with a gross weight in
excess of the amounts specified on such signs at any time
upon any of the streets or parts of streets so signed.
Under this section, as vehicle weight is indicated by the
number of axles supporting such vehicles, signs limiting the
number of axles on through vehicles shall be official.
(b) When signs are erected stating "No Through Trucks,
No Trucks or International Signage," no person shall operate
any commercial vehicle exceeding three tons gross weight at
any time upon any of the streets or parts of streets so
signed, except that such vehicles may be operated thereon
for the purpose of delivering or picking up materials or
merchandise and then only by entering such street at the
intersection nearest the destination of the vehicle and
proceeding no farther than the nearest intersection
thereafter.
"Sec. 25-89. Limitation on length of vehicles. '
No motor vehicle shall exceed the limits set forth in
the Texas Traffic Laws V. C. S. Art 6701d-l1.
Section 2. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other sectIon,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 3.
Any person, as defined in Section 1.07(29),
Texas Penal Code, who shall violate any provision of the
ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed Two Hundred
Dollars ($200.00).
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Ordinance l792 Page 6
Section 4.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the city Council
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon.
The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 5. This Ordinance shall be effective fourteen (14)
days after its passage and approval.
The City Secretary shall
give notice of the passage of this Ordinance by causing the
caption hereof to be published in the official newspaper in the
City of La Porte at least twice within ten (10) days after the
passage of this Ordinance.
PASSED AND APPROVED this the ~~d. day of @d~~
1991.
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By
ATTEST:
~ ~Q~~~:1);J-:;-
City Secretary
APPROVED: ~
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City Attorney