HomeMy WebLinkAboutO-2016-3658 add site plan requirements for establishments offering fuel to commerical vehicles ORDINANCE NO. 2016-3658
AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF
ORDINANCES BY AMENDING TRUCK ROUTE REGULATIONS TO ADD SITE PLAN
REQUIREMENTS FOR ESTABLISHMENTS OFFERING FUEL TO COMMERCIAL VEHICLES;
PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 70, "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Section
70-233 "Exception to Section 70-232: point of origin; parking of commercial motor vehicles", of the La Porte,
Texas Code of Ordinances is hereby amended to read as follows:
"Sec.70-233.-Exception to Section 70-232: point of origin; parking of commercial motor vehicles;acquiring fuel.
(a) The provisions of Section 70-232 of this Code notwithstanding, in those instances where any commercial
motor vehicles originating within the corporate limits of the city, shall have as its point of origin a point
located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the
most direct route possible.If such commercial motor vehicles shall originate outside the corporate limits of the
city and enter the city at a point which is not on a designated truck route, it shall proceed to the nearest point
on a designated truck route by the most direct route possible.
(b) In those cases where commercial motor vehicles originate off a designated truck route, whether inside or
outside the corporate limits of the city,and the destination of the commercial motor vehicle is nearer the origin
or point of entering the corporate limits of the city than is the nearest point on a designated truck route by the
most direct route possible,it shall not be necessary to proceed to the nearest designated truck route.
(c) Commercial motor vehicles not in combination with a trailer or transporting a placarded load of hazardous
materials may travel to and park at locations off a designated truck route by taking the most direct route
possible, regardless of whether the operator of the commercial motor vehicle is loading or unloading cargo,
providing services, or seeking repairs at a legitimate repair facility, provided that the location is not in a
residentially zoned area and is at a site physically capable of accommodating customer commercial motor
vehicle parking by means of a parking facility striping plan 1) configured to allow for the safe parking of
commercial motor vehicles, and 2) approved by the Planning Department of the City in accordance with the
requirements of Section 70-237 of this Chapter.
at a site physically capable of accommodating customer commercial motor vehicle parking by
means of a parking facility striping plan 1) configured to allow for the safe parking of
commercial motor vehicles, and 2) approved by the Planning Department of the City in
accordance with the requirements of Section 70-237 of this Chapter.
(d) Combination commercial motor vehicles, other than vehicles transporting a placarded load of
hazardous cargo, may travel to and park at locations contiguous to and fronting a designated
truck route, regardless of whether the operator of the commercial motor vehicle is loading or
unloading cargo,providing services,or seeking repairs at a legitimate repair facility,provided
that the location is at a site physically capable of accommodating customer commercial motor
vehicle parking specific to commercial motor vehicles in combination with a trailer,by means
of a parking striping plan 1) configured to allow for the safe parking of combination
commercial motor vehicles, and 2) approved by the Planning Department of the City in
accordance with the requirements of Section 70-237 of this Chapter.
(e) Commercial motor vehicles not in combination with a trailer,other than vehicles transporting
a placarded load of hazardous cargo, may travel to establishments located contiguous to and
fronting a designated truck route,regardless of whether the operator of the commercial motor
vehicle is loading or unloading cargo, providing services, or seeking repairs at a legitimate
repair facility, for the purpose of acquiring fuel for the operation of the vehicle. However, in
such cases the commercial motor vehicle is eligible to acquire fuel only where the
establishment is equipped with fuel dispensing facilities that are designed to safely
accommodate customer commercial motor vehicles not in combination with a trailer, in
accordance with a site use plan approved by the Planning Department of the City pursuant to
Section 70-237(b)of this Chapter.
(f) Combination commercial motor vehicles, may travel to establishments 1) located contiguous
to and fronting a designated truck route and 2) qualifying as a "truck stop", as that term is
defined in Section 106-1 of this Code, regardless of whether the operator of the commercial
motor vehicle is loading or unloading cargo, providing services, or seeking repairs at a
legitimate repair facility, for the purpose of acquiring fuel for the operation of the vehicle.
However, in such cases the commercial motor vehicle is eligible to acquire fuel only where
the establishment is equipped with fuel dispensing facilities that are designed to safely
accommodate customer commercial motor vehicles (including those in combination with a
trailer), in accordance with a site use plan approved by the Planning Department of the
pursuant to Section 70-237(b)of this Chapter."
Section 2: That Chapter 70, "Traffic and Vehicles," Article V "Stopping, Standing and
Parking," Section 70-237 "Parking Plan for Accommodation of Commercial Motor Vehicles", of
the La Porte, Texas Code of Ordinances is hereby amended to read as follows:
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"Sec. 70-237. Parking Plan for Accommodation of Commercial Motor Vehicle; Site Use Plan for use of
Fuel Dispensing Facilities.
(a) The owner or operator of any existing or proposed site in which parking is sought for
accommodation of customer commercial motor vehicles, including combination commercial motor vehicles,
where the site is physically capable of safely accommodating such vehicles, shall be required to submit to the
Planning and Development Department for approval a parking facility striping plan as a component of a
proposed site plan, or as an amending document to a previously approved (if one exists) site plan. The
applicant for the site plan or amended site plan shall be allowed the option of striping up to 15% of the
required automobile parking as dual use parking spots for the accommodation of commercial motor vehicle
parking, and shall be so striped and labeled. Such allocation shall generally be located within the parking
spaces least used.
(b) The owner or operator of any existing or proposed site in which fuel dispensing facilities are
proposed for use by commercial motor vehicles (including those in combination with a trailer), where the site
is physically capable of safely accommodating such vehicles, shall be required to submit to the Planning and
Development Department for approval a site use plan as a component of a proposed site plan, or as an
amending document to a previously approved (if one exists) site plan. The site use plan shall 1) provide
maneuvering space in proximity to fuel dispensing facilities to allow commercial motor vehicles to safely
position into and depart from lanes dedicated for use of fuel dispensing facilities;2)provide that such lanes be
of sufficient width to accommodate commercial motor vehicles using the fuel dispensing facilities; and 3)
provide adequate height clearance for commercial motor vehicles using the fuel dispensing facilities."
Section 3. Any person, as defined in Section 1.07 (27), 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 FIVE HUNDRED DOLLARS ($500.00).
Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 6. 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 is 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 Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
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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 7. This Ordinance shall be effective sixty (60) 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 of the City of La Porte at least once within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED this the I a day of DECEMBER, 2016.
CITY OF LA PyE ERAS
By: A.
. Rigby, or
ATTEST:
121-Xl&
oditi
City cretary
APPROVED:
•
A /AA v
Assistan City Attorney
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