HomeMy WebLinkAboutO-2009-3123 revise existing truck routes and hazardous cargo truck routesOrdinance
(Amendments to Chapter 70)
4 w—1
ORDINANCE NO. 153
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE CHAPTER 70, "TRAFFIC AND VEHICLES", BY AMENDING SECTION 70-
179, TO RESTRICT PARKING OF TRUCKS ALONG TRUCK ROUTES, AND SECTION
70-180, TO RESTRICT PARKING OF COMMERCIAL VEHICLES ON OFF-STREET
PARKING FACILITIES IN RESIDENTIAL ZONES; AND BY AMENDING SECTION
70-211 "DEFINTIONS" TO AMEND CERTAIN TERMS; BY ADDING SECTION 70-
212 TO PROVIDE FOR PENALTY AND TO ELIMINATE REQUIREMENT FOR
CULPABLE MENTAL STATE IN PROSECUTION OF OFFENSES; BY AMENDING
SECTION 70-231 "DESIGNTION", BY ADDING CERTAIN STREETS TO
DESIGNATED TRUCK ROUTES; BY AMENDING SECTIONS 70-232, 70-233, 70-
234, 70-235, AND 70-237, RELATED TO OPERTION OF VEHICLES ON TRUCK
ROUTES, LOCATION OF LOADING BIRTHS, LOCATION OF HAZARDOUS CARGO
ROUTES AND VEHICULAR PARKING OFF HAZARDOUS CARGO ROUTES; AND
AMENDING APPENDIX -B "FINES"; 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; CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THE
CAPTION HEREOF; 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 70, "Traffic and Vehicles", Article V,
"Stopping, Standing and Parking", Section 70-179, "Parking time
limit for trailers, semitrailers, and other types of trailers", is
hereby amended and shall hereafter read as follows, to -wit:
"Sec. 70-179. Parking time limit for trailers, semitrailers,
and other types of trailers.
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, in a moving lane
of traffic for any period of time. It shall be unlawful for
any person to knowingly leave, stand or park said vehicles at
any location along the truck route for any period of time,
except at locations authorized to accommodate truck parking.
The vehicle must only enter and exit the parking location via
the truck route. In addition, it shall be unlawful for any
said vehicle to be parked at a location off the truck route
for any period of time with the exception of the point of
origin and point of destination as described under the
provisions of Section 70-233, of the Chapter. Trucks bearing
a Department of Transportation (DOT) placard shall not be
parked on any street for a period of time in excess of one
hour. A placard vehicle shall not be parked within 2,000
feet of a school campus."
Section 2. Chapter 70, "Traffic and Vehicles", Article V,
"Stopping, Standing and Parking", Section 70-180, "Parking on
private property without consent", is hereby amended and shall
hereafter read as follows, to -wit:
"Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to abandon
or leave standing on any private property, without the
consent of the owner of such private property, any vehicle
for any period of time. In addition, off street parking
facilities accessory to residential use shall be utilized
solely for the parking of licensed and operable passenger
automobiles. Under no circumstances shall required parking
facilities accessory to residential structures be used for
the storage of commercial motor vehicles or equipment, pole
trailers, semitrailers, shipping containers, trailers,
trucks, or truck tractors. Boat or recreational vehicles,
are not subject to the restrictions imposed by this section."
Section 3. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 1, "Generally",
Section 70-211, "Definition", is hereby amended to add or amend
the following terms, in proper alphabetical sequence, to -wit:
Commercial motor vehicle means any motor vehicle other than a
motorcycle, designed or used for the transportation of property,
including certain vehicles used for delivery purposes.
"Heavy Truck means a truck with a gross vehicle weight more than,
or equal to 33,000 lbs. The gross vehicle weight is the weight
of the empty vehicle plus the maximum anticipated weight."
"Truck means any motor vehicle designed, used or maintained
primarily for transportation of commodities."
"Truck terminal means 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 similar
commercial motor vehicles capable of transporting freight."
"Truck traffic means the operation of any truck tractor, or 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."
Section 4. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 1, "Generally",
is hereby amended by adding new Section 70-212 to read as follows,
to -wit:
"Sec. 70-212. Penalty for violation of article; culpable mental
state not required in prosecution.
Except as otherwise provided in the Article, the driver,
owner, operator or other person operating or driving any
commercial motor vehicle, truck, tractor, trailer or
semitrailer, or combination of such vehicles, over, on or
upon city streets or public highways within the limits of the
city who fails to comply with the provisions of this Article
shall be guilty of a misdemeanor and, upon conviction, shall
be fined in any sum in an amount established by the city and
listed in appendix B of this Code. Neither allegation nor
evidence of a culpable mental state is required for the
proof of an offense defined in this Article."
Section 5. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 1, "Generally",
"Secs. 70-212--70-230. Reserved" is hereby amended to read as
follows, to -wit:
"Secs. 70-213--70-230. Reserved."
Section 6. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 2, "Truck
Routes", Section 70-231, "Designation", is hereby amended and
shall hereafter read as follows, to -wit:
"Sec. 70-231. Designation.
For the purposes of this division, those streets and
thoroughfares within the corporate limits of the city which are
enumerated as follows are hereby designated as truck routes:
TABLE INSET:
Route
Extent
State Highway
Entire extent within corporate limits
225
New State Highway
Entire extent within corporate limits
146
Barbours Cut
New State Highway 146 east to corporate
Boulevard
limits
Barbours Cut Boulevard south to Fairmont
16th Street
Parkway
Fairmont Parkway
New State Highway 146 to west corporate
limits
West Main Street
New State Highway 146 to west corporate
limits
North 23rd
North Avenue C to West Main Street
Street
Underwood Road
Entire extent within corporate limits
Powell Road (S.
Fairmont Parkway south to 1700 block of
16th Street)
Powell Road
Export Drive
From South 16th Street To State Highway 146
From south of Export Drive to Wharton
South 16th Street
Weems Blvd. and McCabe Road connecting
with State Highway 146.
North Broadway
From north of Barbour's Cut Blvd. To North
`L' Street.
North `L' Street
From west of North Broadway To North 6"'
Street
North `J' Street
From North 6th Street To west connecting
with State Highway 146.
North E Street
From North 16th Street to eastern ROW of
U.P.R.R.
Section 7. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 2, "Truck
Routes", Section 70-232, "Use required generally", is hereby
amended and shall hereafter read as follows, to -wit:
"Sec. 70-232. Use required generally.
No person shall operate a truck, truck tractor, semitrailer
or container upon any roads, avenues, streets or
thoroughfares within the corporate limits of the city except
on those which are designated as truck routes in section 70-
231, and subject to the gross weight limits established by
division 3 of this article. Neither shall any person operate
a heavy truck traveling through the city, with no origin or
destination within the city, except on limited access state
highways, i.e. State Highway 225 and State Highway 146."
Section 8. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 2, "Truck
Routes", Section 70-233, "Exception to section 70-232; point of
origin", is hereby amended and shall hereafter read as follows,
to -wit:
"Sec. 70-233. Exception to section 70-232; point of origin.
(a) The provisions of section 70-232 notwithstanding, in
those instances where any truck traffic, 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 truck
traffic 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 truck traffic originates off a
designated truck route, whether inside or outside the
corporate limits of the city, and the destination of the
truck traffic 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) In those instances where the truck traffic has neither
its point of origin nor destination within the corporate
limits of the City of La Porte, its extraterritorial
jurisdiction, or the corporate limits of any city adjacent
to La Porte, then such truck traffic shall only be allowed
on a limited -access State Highway, i.e. State Highway 225
and State Highway 146."
Section 9. Chapter 70, "Traffic and Vehicles", Article VI, "Truck
Routes and Gross Weight Limits", Division 2, "Truck Routes",
Section 70-234, "Loading, unloading and repair of trucks", is
hereby amended and shall hereafter read as follows, to -wit:
"Sec. 70-234. Loading, unloading and repair of trucks.
Truck traffic restricted to the streets designated as truck
routes may depart such truck routes when it is necessary to
load, unload or seek repairs at a legitimate repair facility,
at a location situated off designated truck routes; provided,
however, that such truck traffic shall not leave any
designated truck route until such truck traffic 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. All required loading berths and
facilities for truck repair shall be off-street and located
on the same lots as the building or use to be served. 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. 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."
Section 10. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 2, "Truck
Routes", Section 70-235, "Hazardous cargo routes; designation", is
hereby amended and shall hereafter read as follows, to -wit:
"Sec. 70-235. Hazardous cargo routes; designation.
(a)For the purpose of this division, those streets and
thoroughfares within the corporate limits of the city which
are enumerated as follows are hereby designated as hazardous
cargo routes:
TABLE INSET:
Route
Extent
State Highway 225
Entire extent within corporate limits
New State Highway
146
Entire extent within corporate limits
p
(b) Vehicles transporting hazardous materials shall not
leave and/or park off the hazardous cargo route except to
pick up or deliver. Said vehicles may not park at any
location alongside, or adjacent to the truck route for any
period of time except to pick up or deliver. The vehicle
shall not leave the hazardous cargo route until such vehicle
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."
Section 11. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits", Division 2, "Truck
Routes", Section 70-237, "Location of Truck terminals", is hereby
amended and shall hereafter read as follows, to -wit:
"Sec. 70-237. Location of truck terminals.
Truck terminals, as defined in section 70-211, shall only be
located in areas directly abutting the right-of-way of the truck
routes specifically designated in section 70-231.
(Code 1970, § 25-84; Ord. No. 97-2172, § 1, 4-14-97)
Cross reference, Section 106-746"
Section 12. Chapter 70 "Traffic and Vehicles", Article VI.
"Truck Routes and Gross Weight Limits" of Appendix -B "Fines" of
the Code of Ordinances of the City of La Porte, Texas is hereby
amended by adding, Division 1 "Generally", "Fine for violation of
article", which as amended shall read as follows:
"Article VI. Truck Routes and Gross Weight Limits
Division 1. "Generally"
I(a) Fine for violation of article $500 70-212
Section 13. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such
conflict only.
Section 14. 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 15. 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, Chapter 551, Texas Government
Code; 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 16. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall
give notice to the passage of the ordinance by causing the caption
to be published in the official newspaper of the City of La Porte
at least twice within ten (10) days after the passage of the
ordinance.
PASSED AND APPROVED, this day of mil n. A 2009.
CITY OF LA POR`
By : Qitx�
t -,x /J
Alton E. Porter
Mayor
ATTEST:
%pd"wOhAA.t�-
,Mart -ha A. Gillett
City Secretary
APP .
Clark . Askins
Assistant City Attorney
Proposed Amendments to Chapter 70
(Traffic and Vehicle Ordinance)
ARTICLE V. STOPPING, STANDING AND PARKING*
'State law references: See Vernon's Ann. Civ. St. art. 6701d, § 27(a)(1), for authority
of city to regulate standing and parking of vehicles.
Sec. 70-176. Designation and marking of parking stalls and areas where parking is
prohibited or limited.
(a) The director of public works shall cause parking stalls to be maintained and marked
off in and on such streets and parts of such streets as he may designate from time to time,
and he shall likewise cause spaces in which parking is prohibited to be maintained and
marked off in and on such streets and parts of such streets. The director of public works
shall cause time limit parking areas to be maintained and marked off in and on such parts
of streets as lie may designate from time to time. All such spaces or areas shall be clearly
indicated by appropriate signs or by markings on the pavement or curb.
(b) In areas designated as time limit parking areas, parking may be limited to any period
prescribed by the chief ofpolice, the time limits to be designated with clearly
distinguished markings or signs at both ends of the time limit area and at reasonable
intervals between the beginning and ending of such time limit area, indicating the time
allowed for parking in such area.
(c) Any prohibition of or time limit on parking established under this section shall apply
on such days and between such hours as prescribed by the signs.
(Code 1970, § 25-61)
Sec. 70-177. Parking in prohibited areas; overtime parking.
It shall be unlawfill for any person to cause, allow, permit or suffer any vehicle registered
in his name or owned or operated by him or in his possession or under his control to be or
remain in any space or area in which parking is prohibited as provided in section 70-176,
or in a time limit parking area for a longer period of time than that designated by the
markings on the street or by signs clearly visible.
(Code 1970, § 25-62)
Sec. 70-178. Parking for more than 24 hours.
It shall be unlawful for any person or any owner to knowingly leave standing in any
public street, alley or other public place in the city any vehicle for a longer continuous
period of time than 24 hours.
(Code 1970, § 25-63)
Sec. 70-179. Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to knowingly 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, in a moving lane of traffic for any period of time. It
shall be unlawful for any person to knowingly leave stand or park said vehicle at any
location along the truck route for any period oftime, except at locations authorized to
accommodate truck parking. The vehicle must only enter and exit the parking location via
the truck route. In addition it shall be unlawful for any said vehicle to be parked at a
location off the truck route for any period of time with the exception of the point of origin
and point of destination as described under the provisions of Section 70-2333
ie f'cZ-ity_4)l- -a
perTei f t r f i .a,,. ing „ .� iaim�;=� Trucks bearing a
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department of transportation (DO'T') placard shall not be parked on any street for a period
of time in excess of one hour. A placard vehicle shalt not be parked within 2,000 feet of a
school campus.
(Code 1970, § 25-64; Ord. No. 1792, § 1(25--64), 10-28-91; Ord. No. 97-2172, § 1, 4-14-
97; Ord. No. 97-2172-A, § 2, 5-10-04)
Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to knowingly abandon or leave standing
on any private property, without the consent of the owner of such private property, any
vehicle for any period of time. In addition, off-street parking facilities accessory to
residential use shall be utilized solely for the parking of licensed and operable passenger
automobiles. Under no circumstances shall required parking; facilities accessory to
residential structures be used for the storage of commercial motor vehicles or equipment,
pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boats or
recreational vehicles, and light trucks are not subject to the restrictions imposed by this
section.
(Code 1970, § 25-65)
Sec. 70-181. Parking manufactured homes on streets or in public parks.
It shall be unlawful for any person to knowingly park, place or locate any recreational
vehicle or manufactured home upon any public street, public park, alley, unimproved
right-of-way, or other public place within the city limits for a period of more than four
hours. Such recreational vehicles or manufactured homes shall be parked parallel to the
right side curb, completely clear of driving lanes or areas of such street or park, and
facing the direction which traffic shall be designated to travel on such side of such street
or in such driving area.
(Code 1970, § 14-3; Ord. No. 97-2172-A, § 3, 5-10-04)
Cross references: Mobile homes and mobile home parks, ch. 98.
Sec. 70-182. Presumed operator of parked vehicles.
In a prosecution for an offense prohibited under V.T.C.A. Transportation Code Ch. 545,
subch. G, and relating to the stopping, standing and parking of unattended motor
vehicles, it is presumed that the registered owner of the vehicle is the person who
stopped, stood, or parked the vehicle at the time and place the offense occurred.
(Ord. No. 2006-2949, § 1, 12-11-06)
State law references: Authority of city to create presumption as to operator of parked
car established by state law, V.T.C.A., Transportation Code § 545.308.
Sees. 70-183--70-210. Reserved.
ARTICLE VI. TRUCK ROUTES AND GROSS WEIGHT LIMITS*
*Cross references: Streets, sidewalks and other public places, ch. 62.
DIVISION 1. GENERALLY
Sec. 70-211. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Boat means a watercraft not more than 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 the boat over the public streets and highways.
Commercial motor vehicle means any motor vehicle other than a motorcycle, designed
or used for the transportation of property, including certain every Vehicles used for
delivery purposes.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross weight means the weight of a vehicle without load, plus the weight of any load
thereon.
Hazardous material means any material that requires a federal department of
transportation placard to be transported pursuant to 49 CFR 177.823, as adopted in state
law.
Heavy truck_ means a truck with a gross vehicle weight is more than, or equal to
33.000 lbs. The gross vehicle weight is the weight of the empty vehicle plus the
maximum anticipated weight.
House trailer means 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 means a commercial facility operated principally for the repair
of motor vehicles.
Light truck means any truck with a limited manufacturer's 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 means any time period other than daytime.
Pole trailer means 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 boiler means 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 means 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 some part of its weight and that of its load rests upon or is
carried by another vehicle.
Shily ing conlainers means scalable 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.
Shiplfing containers storage yards means a facility for the storage, handling and repair of
shipping containers.
Trailer mean 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 means any motor vehicle designed, used or maintained primarily for transportation
of commodities hefty.
Truck routes means those routes which are designated by this article for the use of truck
traffic.
Truck terminal means 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 similar commercial motor
vehicles capable of transporting freight.
Truck tractor means 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 means 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.
Utility trailer means a trailer without motive power, less than 25 feet in length.
(Code 1970, § 25-80; Ord. No. 1792, § 1(2.5-80), 10-28-91)
Cross references: Definitions generally, S 1-2.
Secs. 70-212--70-230. Reserved.
DIVISION 2. TRUCK ROUTES
Sec. 70-231. Designation.
For the purposes of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as truck routes:
TABLE INSET:
Route
Extent
State Highway 225
Entire extent within corporate limits
New State Highway
146
Entire extent within corporate limits
Barbours Cut
Boulevard
New State Highway 146 east to corporate limits
16th Street
Barbours Cut Boulevard south to Fairmont Parkway
Fairmont Parkway
New State Highway 146 to west corporate limits
West Main Street
New State Highway 146 to west corporate limits
North 23rd Street
North Avenue C to West Main Street
Underwood Road
Entire extent within corporate limits
Powell Road ,(5. 1611'
Street
Fairmont Parkway south to 1700 block of Powell Road
Export Drive
From South 16`x' Street To State Highway
South 16`1' Street
From south of Export Drive to Wharton Weems Blvd. and McCabe
Road connecting with State Highway 146.
North Broadway
From north of Barbour's Cut Blvd. To North 'L' Street.
North `L' Street
From west of North Broadway To North 6"' Street
North ',l' Street
From North 6°' Street To west connecting with State Highway
North E Street
From North 16°i Street to eastern ROW of U.P.R.R.
(Code 1970, § 25-81; Ord. No. 1792, § 1(25-81), 10-28-91; Ord. No. 97-2172, § 1, 4-14-97)
Sec. 70-232. Use required generally.
No person shall operate a truck, truck tractor, semitrailer or container upon any roads,
avenues, streets or thor01.1-hfares within the corporate limits of the city except on those
which are designated as truck routes in section 70-231, and subject to the gross weight
limits established by division 3 ofthis article. Neither shall any person operate a heavy
truck travelling through the city, with no origin or destination within the city, except on
limited access state highways, i.e. State Highway 225 and State Highway 146.
(Code 1970, § 25-82)
Sec. 70-233. Exception to section 70-232; point of origin.
(a) The provisions of section 70-232 notwithstanding, in those instances where any
truck traffic, originating within the corporate limits of the city, shall have as its point ole
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 truck traffic 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 truck traffic originates off a designated truck route, whether
inside or outside the corporate limits of the city, and the destination of the truck traffic 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) In those instances where the truck traffic has neither its point of origin 1 nor
destination within the corporate limits of the City of La Porte, its extraterritorial
jurisdiction, or the corporate limits of any city adjacent to La Porte; then such truck
traffic shall only be allowed on a limited -access State Highway, 1way, i.e. State I-Iighway 225
and State Highway 146.
(Code 1970, § 25-83)
Sec. 70-234. Loading, unloading and repair of trucks.
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 situated off designated truck routes; provided, however, that such
truck traffic shall not leave any designated truck route until such truck traffic 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. All required loading berths and
facilities for truck repair shall be off-street and located on the same lots as tine building or
use to be served. 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. If, in the
course of making the necessary stops for loading and uiloading, 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.
(Code 1970, § 25-85, Ord. No. 1792, § 1(25-85), 10-28-91; Ord. No. 97-2172, § 1, 4-14-
97)
Sec. 70-235. Hazardous cargo routes; designation.
(a) For the purpose of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as hazardous
cargo routes:
TABLE INSET:
Route
Extent
State Highway 225
Entire extent within corporate limits
New State Highway 146
Entire extent within corporate limits
r, .•,, on! n,,..k a�—
New State Highway 1116 to west COF,)Offlte liniits
(b) Vehicles transporting hazardous materials shall not leave aiid/or „a,ak, depart from the
hazardous cargo route except to pick up or deliver from the designated pick up or
delivery site. Said vehicles may not park at any location alongside, or adjacent to the
truck route for any period of time except to pick Lip or deliver from the designate picl:
LIP or delivery site All required loadim,, berths shall be off-street and located on the same
lots as the building or use to be served. The vehicle shall not leave the hazardous cargo
route until such vehicle 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
and/or the shortest route.
(Ord. No. 1792, § 1(25-84.1), 10-28-91; Ord. No. 97-2172, § 1, 4-14-97)
See. 70-236. Alternate routes.
Whenever any street or roadway designated as a truck route is under repair, or otherwise
temporarily out of use, the chief of police shall be authorized to designate alternate truck
routes.
(Code 1970, § 25-88)
Sec. 70-237. Location of truck terminals.
Truck terminals, as defined in section 70-211, shall only be located in areas directly
adjaeent abutting the right-of-way of the truck routes specifically designated in section
70-231.
(Code 1970, § 25-84; Ord. No. 97-2172, § 1, 4-14-97)
Cross reference, Section 106-746
Sec. 70-238. Lane use restrictions for trucks on portions of State Highway 225.
(a) That the findings contained in the preamble of Ordinance No. 2003-2618 are
determined to be true and correct. As evidence thereof, documents establishing the
approval described in the preamble of Ordinance No. 2003-2618 have been incorporated
into this section and made a part hereof as exhibit A.
(b) That, as used in this section, the following terms shall have the meanings ascribed in
this section:
Aulhorizecl lanes means the two controlled access lanes on each side of the State
Highway 225 (eastbound side and westbound side) that are most immediately to the right
of the left-hand (or inner) controlled access lane.
Designaled portion ofSlale Highivay 225 means that portion of State Highway 225
between the point at which the corporate limits of the Cities of Deer Park and La Porte
abut on the west and the intersection of Sens Road overpass on the East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 of the Texas Transportation Code
that has three or more axles or a "truck tractor" as defined in Section 541.201 of the
Texas Transportation Code, regardless of whether the truck tractor is drawing another
vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure of City of La
Porte offices excepted.
(c) Any person driving or operating a truck on the designated portion of State Highway
225 during peal: traffic hours on any workday shall not utilize any controlled access lane
other than the authorized lanes.
(d) That enforcement of this section is subject to Section 545.0651 of the Texas
Transportation Code, and the prohibition established in subsection (c) of this section shall
not be effective during any period of suspension or revision of approval by the Executive
Director of the Texas Department of Transportation or the director's designee as provided
in subsection (f) of Section 545.0651 or during any period when traffic control devices
that are required to be erected and maintained by the Texas Department of Transportation
pursuant to Section 545.0651 are not in place, nor shall the provisions of this section be
construed to prohibit operation of a truck in a lane other than an authorized lane for the
purpose of passing another vehicle or for the purpose of entering and exiting the
highway.
The provisions established under subsection (d) shall constitute defenses to prosecution
under this section.
(e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation
Code, who shall violate any provision of this section, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a file not to exceed $200.00.
(Ord. No. 2203-2618, §§ 1--5, 3-24-03)
Sees. 70-2-39-70-255. Reserved.
DIVISION 3. WEIGHTLIMITS
Sec. 70-256. Enumeration.
Except as otherwise provided by law, no commercial motor vehicle, truck -trailer, trailer
or semitrailer, nor combination of such vehicles, shall be operated over, on or upon the
public streets and highways within the corporate limits, having a weight in excess of one
or more of the following limitations:
(1) No such vehicle nor combination of vehicles shall have a greater weight than 20,000
pounds carried on any one axle, including all enforcement tolerances; or a tandem axle
weight in excess of 34,000 pounds, including all enforcement tolerances; or an overall
gross weight on a group of two or more consecutive axles in excess of that produced by
application of the following formula:
TABLE INSET:
W=500
(
N N
)
+12N=36
where W equals overall gross weight on any group of two or more consecutive axles to
the nearest 500 pounds, L equals distance in feet between the extreme of any group of
two or more consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets of tandem axles nlay carry a gross load of
34,000 pounds each, providing the overall distance between the first and last axles of
such consecutive sets of tandem axles is 36 feet or more; provided, however, that such
overall gross weight may not exceed 80,000 pounds, including all enforcement
tolerances.
(2) No such vehicles nor combination of vehicles shall have a greater weight than 600
pounds per inch width of tire upon any wheel concentrated upon the surface of the
highway and using high-pressure tires, and a greater weight than 650 pounds per inch
width of tire upon any wheel concentrated upon the surface of the highway and using
low-pressure tires, and no wheel shall carry a load in excess 01`8,000 pounds on high-
pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in excess of
16,000 pounds on high-pressure tires, and 20,000 pounds on low-pressure tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the
national system of interstate and defense highways within the corporate limits of the city
in excess of those permitted under 23 USC 127. If the federal government prescribes or
adopts vehicle size or weight limits greater than those prescribed by 23 USC 127 for the
national system of interstate and defense highways, the increased limits shall become
effective on the national system of interstate and defense highways within the corporate
limits of the city.
(4) In this section, an axle load is defined as the total load transmitted to the road by all
wheels whose centers may be included between two parallel transverse vertical planes 40
inches apart, extending across the full width of the vehicle. Tandem axle group is defined
as two or more axles spaced 40 or more inches apart from center to center, having at least
one common point of weight suspension.
(5) Any police officer, having reason to believe that the gross weight or axle load of a
loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of portable
or stationary scales approved by the police department of the city for such use, or the
police officer may cause the loaded motor vehicle to be weighed by any public weigher
and may require such vehicle to be driven to the nearest available scales for the purpose
of weighing. Ii" the gross weight of a vehicle weighed pursuant to this subsection, is found
to exceed the maximum gross weight authorized by law, plus a tolerance allowance of
five percent of the gross weight authorized by law, such police officer shall demand and
require the operator or owner of the motor vehicle to unload, or cause to be unloaded,
such portion of the load as is necessary to decrease the gross weight of such vehicle to the
maximum permitted by law, plus such tolerance allowance. Such vehicle may not be
operated further over the public streets and highways within the city until the gross
weight of the vehicle has been reduced to a weight not in excess of the maximum
authorized by law plus such tolerance allowance, except as authorized under this
subsection. If the axle load of a vehicle weighed pursuant to this subsection, is found to
exceed the maximum authorized by law, plus a tolerance allowance of five percent of the
axle load authorized by law, such police officer shall demand and require the operator or
owner of the motor vehicle to decrease the axle load to the maximum authorized by law
Plus such tolerance allowance. The owner or operator may reduce such load by
rearranging the cargo, if possible, or by unloading or having others to unload such portion
of the cargo as is necessary to decrease the axle load to the maximum authorized by law,
Plus such tolerance allowance. Such vehicle may not be operated Further over the public
streets and highways within the city so long as any axle load exceeds the maximum
authorized by law plus such tolerance allowance except as authorized under this
subsection. If the load of a motor vehicle consists of livestock, the operator shall be
permitted to proceed to the destination without unloading providing the destination is
within the state. If the gross weight of a motor vehicle or an axle load exceeds the
maximum permitted by law, plus a tolerance of five percent of the gross weight
authorized by law, but the police officer believes that the cargo cannot be unloaded or
rearrangcd safely at the place where such vehicle was weighed, or the police officer
believes that the unloading or rearranging ofthe cargo at such place would create an
unreasonable disruption of traffic, he shall require the operator to proceed to a location
where the cargo can be unloaded or rearranged safely without causing disruption to
traffic. Such location shall be the nearest such place on city property, or property under
the control of the driver or his principal, or on property where consent has been given for
such loading and where it is feasible to unload or rearrange such cargo.
(Code 1970, § 25-86(a))
Sec. 70-257. Operation of overweight vehicles; special permit required.
Any person desiring to operate a vehicle on city streets in excess of the load limit set out
in section 70-256 shall first obtain a special permit from the city inspection department.
Such permit shall not be issued unless reasonably necessary.
(Code 1970, § 25-86(b))
Sec. 70-258. Application of division to road rollers or other road machinery; permit
required.
The limitation as to weight prescribed by section 70-256 shall not apply to road rollers or
other roadmaking or road repairing machinery being moved or used on a street by the
United States, the state, the city or any contractor moving or using such road machinery
in the performance of or preparatory to the performance of a contract with either the
United States, the state or the city, but in event of any such roadmaking or road repairing
machinery of a weight in excess of the limit set out in section 70-256 being moved over
the streets or bridges in the city, the person charged thereof shall first obtain from the
inspection department a permit for such movement, which permit shall designate the
route or streets and also the bridges over which such movement shall take place, and such
machinery may then be moved, but not elsewhere than over such designated routes.
(Code 1970, § 25-86(c))
Sec. 70-259. Liability for damages done to streets, bridges or culverts.
Any person moving or causing to be moved a load which, together with the weight of the
vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any
damage done by any such excessively loaded vehicle to the streets, bridges or culverts in
the city and the acceptance of either of the permits provided for in this division shall be
conclusive evidence that the person to whom such permit is issued agrees to make good
and pay all such damages upon demand thereof made by the city.
(Code 1970, § 25-86(d))
Sec. 70-260. Compliance by operator with state law provisions.
The driver, owner, operator or other person operating or driving any commercial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of sL►ch vehicles over, on or
upon city streets or public highways within the limits of the city shall comply with the
provisions of V.T.C.A., "Transportation Code §§ 502.151, 502.178, 621.002, 621.101,
621.501, and 621.951.
(Code 1970, § 25-86(e
Sec. 70-261. Signs and 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 vehicles shall be official.
(b) When signs are erected stating "No Through Trucks," "No Trucks" or designate no
trucks by 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 designation of the vehicle and proceeding no farther than the
nearest intersection thereafter.
(Code 1970, § 25-87; Ord. No. 1792, § 1(25-87), 10-28-91; Ord. No. 97-2172, § 1.4-14-
97)
Sec. 70-262. Limitation on length of vehicles.
No motor vehicle shall exceed the limits set forth in V.T.C.A., Transportation Code §§
621.203--621.206.
(Code 1970, § 25-89; Ord. No. 1792, § 1(25-89), 10-28-91; Ord. No. 97-2172, § 1, 4-14-
97)
Sec. 70-263. Penalty for violation of division.
The driver, owner, operator or other person operating or driving any commercial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles, over, on or
upon city streets or public highways within the limits of the city who fails to comply with
the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall
be tined in any SUM in an amount established by the city and listed in appendix B of this
Code.
(Code 1970, § 25-86(f))
Sees. 70-264--70-280. Reserved.
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