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HomeMy WebLinkAboutO-1980-1219 . . -- ORDINANCE NO. ~ AN ORDINANCE AMENDING CHAPTER 25, "TRAFFIC," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORl'E, ESTABLISHING TRUCK ROUTES AND GRa)S WEIGHT LIMITS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED Nor 'ID EXCEED 'lWO HUNDRED OOLIARS ($ 200.00); CONTAINING SEVERABILITY AND REPEALING CIAUSE[); FINDING COMPLI- ANcE WI'lH THE OPEN MEETINGS lAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: WHEREAS, the City of La lbrte has under its general police powers the power to enact ordinances and regulations deemed necessary for the preservation and i.rrproverrent of the health, safety and welfare of its inhabitants; and e WHEREAS, the City Commission of the City of La Porte finds that the present volume, gross weight, and unrestricted routing of truck traffic within the City of La Porte is to the material detriment of the health, safety and welfare of the inhabitants of the City of La lbrte in at least the following respects, to-wit: (a) 'll1e public streets in the City of La lbrte are not engineered, con- structed, or maintained to withstand the large volume of heavy truck traffic which they are nON sustaining, resulting in the damage and destruction of these streets to the inconvenience of the traveling public, with attendant expense to the taxpayers. (b) '!be large volume of through heavy truck traffic on the City of La Porte - public streets, most of which have no sidewalks and are therefore used by pedestrians, particularly school children of tender years, consti- tutes a significant traffic hazard and potential danger to life, which can at least be partially averted by confining such heavy truck traffic to designated truck routes. (c) '!he City of La Porte is situated in an area of extensive manufacturing operations of chemical and petrochemical products, many of which are toxic, flammable, and/or explosive, which products, togethe.r with raw materials for their manufacture, comprise a significant portion of the truck traffic within the city, constituting a hazard to life and prop- . erty which can be significantly reduced by confining such heavy truck traffic to designated truck routes. . . e Ordinance No. , Page 2. e (d) '!he present unrestricted movement of heavy truck traffic on the public streets of the City of La Porte has caused a relative decline in the v~lue of properties abutting such public streets, thus resulting in a loss in ad valorem tax revenue for the City of La Porte. (e) '!he present unrestricted movement of heavy truck traffic on the public streets of the City of La Porte has caused a relative decline in the market value of property, the use and enjoywent of property, the enjoy- ment of life, and the general welfare of the inhabitants of the City of La Porte who live near the public streets used by such heavy truck traffic. (f) '!he truck routes established by this Ordinance will provide adequate ingress and egress through the City of La Porte for all truck traffic of gross weights which can be sustained by the public streets of the City of La Porte without undue damage to such streets. (g) Confining heavy truck traffic to the truck routes herein established will materially contribute to the health, safety and welfare of the inhabitants of the City of La Porte, and that of motorists and pedes- trians who must use its public streets. e Section 1. '!he Code of Ordinances of the. City of La Porte, Chapter 25, "Traffic, n Article V, "Truck Routes and Gross Weight Limits," is hereby amended and shall hereafter read as follows: Article V. Truck Routes and Gross Weight Limits Sec. 25-80. ~finitions. (NO CHANGE) Sec. 25-81. ~signation. For the puqx>ses of this article, those streets and thoroughfares within the corporate limits of the City which are enumerated as folla./S are hereby e designated as truck routes: e e . . . Ordinance No. , Page 3. Route Extent State Highway 225 New State Highway 146 It Entire extent within corporate limits Entire extent within corporate limits Barbours Cut Boulevard (fonnerly Crest Lane) 16th Street New State Highway 146 East to corporate limits West Main (formerly known as Spencer Highway) south to Fairmont Parkway (fonner 1y known as South J Street) Fairmont Parkway (also known as South J Street) South Broadway Street (also known as Spur 501) to west corporate limits South Broadway Street (also known as Spur 501) Fairmont Parkway (also known as South J Street) to south corporate limits Wharton Weems Boulevard (also known as Spur 498) Entire extent' wi thin corporate limits West Main Street (also known as Spencer Highway) 9th Street to west corporate limits Sec. 25-82. Use required generally. (NO CHANGE) Sec. 25-83. Exception to Section 25-82 - Point of origin.. (NO CHANGE) Sec. 25-84. Same - 'Ib, fran terminal. Vehicles restricted to truck routes may depart from a point on such desig- nated truck route for the purpose of traveling to and from a truck terminal, provided that such vehicle proceeds by the nost direct route to or from the applicable truck terminal. Residential property shall not be used for truck terminals nor for parking of trucks. Sec. 25-85. Same - Loading, unloading. (NO CHANGE) Sec. 25-86. Gross weight limits generally. (A) Except as otherwise provided. ~ law, no commercial notor vehicle, . truck-trailer, trailer or semi-trailer, nor combination of such vehicles, shall e e e e . - Ordinance No. , Page 4. be operated over, on, or upon the public streets, and highways within the cor- porate limits, having a weight in excess of one or more of the following 1imita- tions: (1) No such vehicle nor combination of vehicles shall have a greater weight than twenty thousand (20,000) pounds carried on anyone, axle, including all enforcement tolerances; or within a tandem axle weight in excess of thirty-four thousand (34,000) pounds, including all enforcement tolerances; or with an overall gross weight on a group of two (2) or more consecutive axles produced by application of the following formula: W = 500 ( IN ) N-1 + 12N ~ 36 where W = overall gross weight on any group of two (2) or more consecu- tive axles to the nearest five hundred (500) pounds, L = distance in feet between the extreme of any group of two (2) or more consecutive axles, and N = mnnber of axles in group under consideration, except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand ( 34,000) pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more: provided, that such overall gross weight may not exceed eighty thousand (80,000) pounds, including all enforcement tolerances. (2) No such vehicles nor combination of vehicles shall have a greater weight than six hundred (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 six hundred and fifty (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 eight thousand' (8,000) pounds on high pressure . . e Ord inance No. , Page 5. tires and ten thousand (10,000) pounds on low pressure tires, nor any axle a load in excess of sixteen thousand (16,000) pounds on high pressure tires, and twenty thousand ( 20,000) pounds on low pressure tires. e (3) Nothing in this section shall be construed as pennitting size or weight limits on the national system of interstate and defense highways within the corporate limits of the City of La Porte in excess of those per- mitted under 23 U.S.C. Section 127. If the federal goverrunent pre- scribes or adopts vehicle size or weight limits greater than those prescribed by 23 U.S.C. Section 127 for the national system of inter- state 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 of La Porte. e (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 ( 2) parallel transverse vertical planes forty (40 r inches apart, extend- ing across the full width of the vehicle. Tandem axle group is defined as two (2) or IIK>re axles spaced forty (40) or IIK>re inches apart from center to center having at least one coIIlllOn point of weight suspension. (5) (a) 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 same by means of portable or stationary scales approved by the police departnent of the Ci ty of La Porte for such use, or the police officer may cause the loaded IIK>tor 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. e (b) In the event that the gross weight of a vehicle weighed pursuant to subsection (a) above is found to exceed the maximum gross weight . . e Ordinance No. , Page 6. e authorized by law, plus a tolerance allowance of five (5) per cent of the gross weight authorized by law, such police officer shall demand and require the operator or owner of the rotor vehicle to unload, or cause to be unloaded, such portion of the load as is necessary to decrease the gross weight of such to the maximum permitted by law plus such tolerance allowance. Such vehicle may not be operated fur- ther over the public streets and highways within the City of La FOrte 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 allow- ance except as authorized under subsections (d) or (e) below. - (c) In the event that the axle load of a vehicle weighed pursuant to subsection (a) above is found to exceed the maximum authorized by law, plus a tolerance allowance of five (5) per cent 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. '!he 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 of La Porte so long as any axle load exceeds the maximum authorized by law plus such tolerance allowance except as authorized under subsection (d) or (e) below. (d) If the load of a rotor vehicle consists of livestock., the operator shall be permitted to proceed to the destination without unloading providing the destination is within the State of Texas. e (e) If the gross weight of a rotor vehicle or an axle load exceeds the maximum permitted by law plus a tolerance of five (5) per cent e e 'e .. . e Ordinance No. , Page 7. of the gross weight authorized by law, but the police officer believes that the cargo cannot be unloaded or rearranged safely at the place where such vehicle was weighed, or the police 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 con- trol 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. (B) Any person desiring to operate a vehicle on city streets in excess of the load limit set out herein shall first obtain a special permit from the city Inspection Departrrent and such permit shall not be issued unless reasonably necessary. (C) The limitation as to weight prescribed by this section shall not apply to road rollers or other road making or road repairing machinery being IIDved or used on a street by the United States, the stc;ite, the city, or any contractor IIDving 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 road making or road repairing machinery of a weight in excess of the limit set out herein being IIDved over the streets or bridges in the city, the person charge thereof shall first obtain from the Inspection Depart- ment a permit for such IIDvement, which permit shall designate the route or streets and also the bridges over which such IIDvement shall take place, and such machinery may then be IIDved, but not elsewhere than over such designated routes. (D) MY person roving or causing to be IIDved a load which, together with the weight of the vehicle, exceeds the limit as set out herein, shall be liable to the city for any damage done by any such excessively loaded vehicle to the . e . Ordinance No. , Page 8. streets, bridges, or culverts in the city and the acceptance of either of the permits provided for in this section 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. (E) '!he driver, owner, operator, or other person operating or driving any commercial motor vehicle, truck, tractor, trailer or semi-trailer or combination of such vehicles, over, on, or upon city streets or public highways within the limits of the City of La Porte, shall corrp1y with the provisions of Article e 6701d-11, Section 5(a), of the Revised Civil Statutes of the State of Texas. (F) '!he driver, owner, operator, or other person operating or driving any commercial motor vehicle, truck, tractor, trailer or semi-trailer or combination of such vehicles, over, on, or upon city streets or public highways within the limits of the City of La Porte, who fails to comply with the provisions of this section, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding two hundred dollars ($200.00). e Sec. 25-87. 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 offi- cial. e (B) When signs are erected stating "No Through Truck.s", no person shall operate any commercial vehicle exceeding three thousand ( 3,000) pounds 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 or for vehicle storage and then only be entering such street at the intersection nearest the destination of the vehicle and proceeding no farther than the nearest intersection thereafter. - e e . . e Ordinance No. , Page 9. Sec. 25-88. Alternate routes. (NO CHANGE) Sec. 25-89. Limitation on length of vehicles. No rrotor vehicle, commercial vehicle, truck-tractor, trailer or semi-trailer shall exceed a length of forty feet (40'), except it shall be lawful for refrig- eration equipnent installed in a trailer or semi-trailer for the purpose of refrigerating the cargo thereof to overhang the front of such vehicle, even though such overhang would make the total length of such vehicle rrore than forty feet (40 ') . When any such truck-tractor and semi-trailer are operated in combination, no such combination of a truck-tractor and semi-trailer coupled together shall exceed a total length of fifty-five feet (55'), and when operated in any combi- nation of such vehicles coupled together, including but not limited to a truck and semi-trailer, truck-tractor and two (2) trailers, then no such other combi- nation of such vehicles coupled together shall exceed a length of sixty-five feet <,65'). '!he limit of forty feet (40') on a semi-trailer shall not apply when such semi-trailer is operated in a tractor-semi-tractor combination, if such combination does not exceed fifty feet (50') in total length, and unless, in the case of any combinations of such vehicles, same be operated by municipal corpor- ations in adjoining suburbs wherein such municipal corporation has heretofore been using such or like equiprrent in connection with an established service to such suburbs of the city. The provisions of this section shall not apply to any disabled vehicle being towed by another vehicle to the nearest intake place for repairs. 'Ihe above limitations shall not apply to any mobile home or to any combi- nation of a rrobi1e home and a rrotor vehicle, but no rrobile home and rrotor vehicle combination shall exceed a total length of fifty-five feet (55'). "Mobile home" as used herein means a living quarters equipped and used for sleeping and eating and which may be moved from one location to another over a public highway by being pulled behind a rrotor vehicle. - e - . . e Ordinance No. , Page 10. Upon application therefor, the Inspection Department, in its discretion, shall issue a permit authorizing any such applicant to operate in the outskirts of the city a string of vehicles of greater length than herein limited, but in no event longer than eighty-five feet (85') overall, and such permit shall be limited to a specific job or definite period of time to be therein indicated. 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 Camnission to have passed each section, sentence, phrase or clause, or part theereof, irre- spective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. '!his Ordinance shall be effective fourteen (14) days after its passage and approval. '!he City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in ~e official newspaper in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. Section 4. The City Camnission officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Camnission was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this rreeting, 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 Corranis- sion further ratifies, approves and confirms such written notice and the contents and posting thereof. . '. :e - " - . .- Ordinance No. , Page 11. PASSED AND APPROVED this the 16th day of July, 1980. ~=OFLAG~ J. J. Meza, Mayor , r-- ATrEST: 41c;:J ~piAA-l Clty C1e:rk .s: ~...';:" ~ '. ::-... '.1-; ,./ . .;;?~s APPROVED: / ~;tv:' ~ City Attorney .~ ~ ; '" " ;- / /, , ~ ~--'~ /~.........., ~; ~------: . -..<"-. .~. ~ ~ <-- ~. 1.::'- ,- - ~..i; :--."r , ./ ,/ .;~ , ':f " ~... ./.. .'~ -:'I' . . ': .....:;~~:~i,.;...::.~