HomeMy WebLinkAboutO-2015-3579 amend Ch 70;in connection with comprehensive review & update to Truck Route Regulations
ORDINANCE NO. 2015 - 3579
AN ORDINANCE AFFIC AND VEHICLES
OF ORDINANCES IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE
TO TRUCK ROUTE REGULATIONS; 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
:
Section 70-me limit for trailers, semitrailers and other types of trailers
of the La Porte, Texas Code of Ordinances is hereby amended to read as follows:
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, boat, or commercial motor vehicle,
either attached or unattached to a motor vehicle, in the main traveled portion of a roadway, or any portion of a
residential street, for any period of time.
Section 2
: That Chapter 70Traffic and VehiclesVI Truck Routes and Gross
Weight LimitsDivision 1Generallyof the La Porte, Texas Code of Ordinances is hereby
amended to read as follows:
-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.
Commerce means an interchange of goods, commodities and/or services especially on a large
scale between countries (foreign trade) or between different parts of the same county for
compensation.
Commercial motor vehicle means 1) a vehicle or combination of vehicles with an actual gross
weight, a registered gross weight, a gross weight rating or any combination in excess of 26,000
pounds; 2) a farm vehicle or combination of farm vehicles with an actual gross weight, a registered
gross weight, or a gross weight rating of 48,000 pounds or more when operating intrastate; 3) a
vehicle transporting hazardous materials requiring a placard; 4) a motor carrier transporting household
goods for compensation in commerce in a vehicle not defined in Texas Transportation Code, Sec.
548.001(1); 5) a foreign commercial motor vehicle that is owned or controlled by a person or entity
that is domiciled in or a citizen of a country other than the United States; or 6) a contract carrier
transporting the operating employees of a railroad on a road or highway of the State of Texas in a
vehicle designed to carry 15 or fewer passengers.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross Combination Weight Rating (GCWR) means the greater of 1) A value specified by the
manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety
Standard (FMVSS) certification label required by the National Highway Traffic Safety
Administration, or 2) the sum of the gross vehicle weight rating (GVWR) or the gross vehicle weight
(GVW) of the power unit and the towed unit(s), or any combination thereof, that produces the highest
value. As an exception to application of this definition, the GCWR of the power unit will not be used
to define a commercial motor vehicle when the power unit is not towing another vehicle.
Gross Vehicle Weight Rating (GVWR) means the value specified by the manufacturer as the
loaded weight of a single motor vehicle.
Hazardous material is a substance or material which has been determined by the Secretary of
Transportation to be capable of posing an unreasonable risk to health, safety, and property when
transported in commerce, and which has been so designated.
Legitimate repair facility means a commercial facility operated principally for the repair of
motor vehicles.
Nighttime means any time period other than daytime.
Registered Gross Weight Vehicle Weight Rating (RGVWR) means the value specified on the
registration receipt as the loaded weight of a single motor vehicle.
Shipping containers means 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 containers storage yards means a facility for the storage, handling and repair of
shipping containers.
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Trailer means: a) Full Trailer, which is any motor vehicle other than a pole trailer which is
designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for
the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an
auxiliary front axel (converter dolly) shall be considered a full trailer; b) Pole Trailer, which isany
motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing
towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or
structural members, which generally are capable of sustaining themselves as beams between the
supporting connections; or c) Semitrailer, which is any motor vehicle, other than a pole trailer, which
is designed to be drawn by another motor vehicle and is constructed so that some part of its weight
rests upon the self-propelled towing motor vehicle.
Truck means any self-propelled commercial motor vehicle except a truck tractor, designed
and/or used for the transportation of property.
Truck routes means those routes which are designated by this article for the use of
commercial motor vehicles.
Truck tractor means a self-propelled commercial motor vehicle designed and/or used
primarily for drawing other vehicles.
Weight enforcement officer means 1) a license and weight inspector of the Texas Department
of Public Safety; 2) 3) a municipal police officer
in a municipality with a population of 100,000 or more or 74,000 or more in a county with a
population of more than 1.5 million; or 4) a police officer certified under Texas Transportation Code
Section 644.101.
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 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.
Secs. 70-21370-230. -
Section 3
:
of the La Porte, Texas Code of Ordinances is
hereby amended to read as follows:
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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:
Route Extent
State Highway 225 Entire extent within corporate limits
(including frontage roads)
New State Highway 146 Entire extent within corporate limits
(including frontage roads)
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
Underwood Road Entire extent within corporate limits
Powell Road (S. 16 Street) Fairmont Parkway south to 1700 block of Powell Road
th
Export Drive From South 16 Street to State Highway 146
th
South 16 Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road
th
connecting with State Highway 146.
North Broadway From north of Barbours Cut Blvd. to North "L" Street.
North "L" Street From west of North Broadway to North 6 Street
th
North "J" Street From North 6 Street to west connecting with State Highway 146.
th
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North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right-of-way line
of Barbours Cut Boulevard
Sec. 70-232. - Use required generally.
No person shall operate a commercial motor vehicle 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 of this Code, and subject to the gross weight limits established by Division 3
of this article.
Sec. 70-233. - Exception to Section 70-232: point of origin; parking of commercial motor vehicles.
(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.
(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, 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
5
vehicles, and 2) approved by the Planning Department of the City in accordance with the
requirements of Section 70-237 of this Chapter.
Sec. 70-234. Exception to Section 70-232: loading, unloading and repair of trucks.
Commercial motor vehicles restricted to the streets designated as truck routes under Section
70-232 of this Code may depart such truck routes when it is necessary to load or unload cargo, provide
services, or seek repairs for the commercial motor vehicle at a legitimate repair facility, at a location
situated off designated truck routes; provided, however, that such commercial motor vehicles shall not
leave any designated truck route until such commercial motor vehicle 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, commercial motor vehicles 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
commercial motor vehicles shall cross a designated truck route, then, in that event, such commercial
motor vehicle 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.
Sec. 70-235. Hazardous material 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 material routes:
Route Extent
State Highway 225 Entire extent within corporate limits
(excluding frontage roads)
New State Highway 146 Entire extent within corporate limits
(excluding frontage roads)
Fairmont Parkway From Underwood Rd. to South 16 th Street
South 16 th Street From Fairmont Parkway to Wharton Weems Blvd.
Wharton Weems Blvd. From South 16 th Street to New State Highway 146
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Commercial motor vehicles transporting hazardous materials shall not depart off the hazardous
(a)
material route, except to pick up or deliver hazardous material, provide services, or to seek repairs
for the commercial motor vehicle at a legitimate repair facility. In such cases, the vehicle shall not
depart the hazardous material route until such vehicle has reached a point which is nearest the
applicable place of loading or unloading, provision of services, or legitimate repair facility, and
shall return to the hazardous material route by the most direct route. Additionally, said
commercial motor vehicles transporting hazardous materials may not park at or travel to any
location, including locations contiguous to and fronting the hazardous material route, for any
period of time except to pick up or deliver hazardous material, provide services, or seek repairs
for the commercial motor vehicle at a legitimate repair facility.
Sec. 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.
Sec. 70-237. Parking Plan for Accommodation of Commercial Motor Vehicles.
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 siteis
physically capable of safely accommodating such vehicles, shall be required to submit to the Planning
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.
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:
Authorized 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.
Designated portion of State Highway 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.
7
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
peak 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 fine not to exceed $200.00.
Secs. 70-239 70-255. - Reserved.
Section 4
:
hereby amended to read as follows:
Sec. 70-256. - Enumeration.
Except as otherwise provided by law, no commercial motor vehicle 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 commercial motor vehicle 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:
W = 500 LN ) + 12N ° 36
(
N-1
8
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 may 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 commercial motor vehicle 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 of 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 twoor
more axles spaced 40 or more inches apart from center to center, having at least one common
point of weight suspension.
(5) Any weight enforcement 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 weight
enforcement 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. If 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 weight enforcement 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
weight enforcement officer shall demand and require the operator or owner of the motor
9
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 weight enforcement officer believes that the cargo cannot
be unloaded or rearranged safely at the place where such vehicle was weighed, or the weight
enforcement officer believes that the unloading or rearranging of the 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.
Section 5
. 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 6.
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 7
. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 8.
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
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.
10
Section 9. 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 of the City of La Porte at least once within ten
(10)days after the passage of this ordinance.
PASSED AND APPROVED this the 11th day of May,2015.
CITY OF LA
Z.
By:
Lo 's R.Rigb 0ayor
ATTEST:
gtX�'- Jr2QdeNh,
Patrice Fogarty, Citoecretarf
APPROVED:
t
Clark T.Askins,Assistant City Attorney
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