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HomeMy WebLinkAboutO-1983-1352 . . ORDINANCE NO. 1352 ., AN ORDINANCE AMENDING CHAPTER 25, ARTICLE IV, SECTION 25-64, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE TO INCLUDE BOATS, HOUSE TRAILERS, TRUCK TRACTORS, RANCH TRAILERS, AND UTILITY T}u!~ILERS; AND AMENDING CHAPTER 25, ARTICLE V, SECTION 25-80, ET SEQ, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY ADDING TO THE DEFINITION OF TRUCK TRAFFIC; BY ADDING DEFINI- TIONS OF "BOAT", "DAYTIME", "HOUSE TRAILER", "NIGHTTIME", "RANCH TRAILER", IITRUCK TERMINAL" , "SHIPPING CONTAINERS" , "UTILITY TRAILERS", AND "SHIPPING CONTAINER STORAGE YARDS"; AND By LIMITTING THE LOCATION OF TRUCK TERMINALS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; 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 l. Chapter 25, Article IV, Sec. 25-64, of the Code of Ordinances of the City of La Porte is hereby amended to hereafter read as follows, to-wit: "Sec. 25-64. Parking time limit for trailers, semi-trailers, etc. It shall be unlawful for any person to leave, stand, or park a trailer, semi-trailer, pole trailer, ranch trailer, boat, house trailer, utility trailer, or truck tractor, either attached or unattached to a motor vehicle, on the public streets of the City for a period of time in excess of four (4) hours, or during any nighttime (as defined herein) hours." . Section 2. Chapter 25, Article V, Sec. 25-80, of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 25-80. Definitions. The following words and phrases, when used in this article, shall, for the purpose of this article, have the meanings respectively ascribed to them as follows: Boat. A water craft not more than twenty- five feet in length, measured from end to end, over the deck, excluding shear, and manufactured or used primarily for non-commercial use; for purposes of this article only, the term "boat" shall also include the trailer designed and used for the transportation of said boat over the public streets and highways. . . . Ordinance No. 1352 , , Page 2. Commercial motor vehicle. Any motor vehicle other than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. Daytime. One-half hour before sunrise to one-half hour after sunset. Gross weight. The weight of a vehicle with- out load plus the weight of any load thereon. . House trailer. A recreational vehicle, trailer, or semi-trailer, 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. Light truck. Any truck (as defined in this article) with a limited manufacturers rated carrying capacity. This definition is intended to include those trucks commonly known as one- ton trucks, pickup trucks, panel delivery trucks, and carryall trucks. Nighttime. Any time period other than daytime. Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. . Ranch trailer. A vehicle with or without motive power other than a pole trailer, designed for carrying livestock, ranch imple- ments, or other moveable personal property attendant to the business and recreational use of the raising of livestock or crops. Semi-trailer. Every vehicle, with or with- out 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. . Shipping containers. Sealable shipping containers, designed for intermodal trans- portation, either with or without a per- manent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. . . Ordinance No. , 1352 , Page 3. Shipping container storage yards. A faci- lity for the storage, handling, and repair of shipping containers. Trailer. Every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck. Any motor vehicle designed, used or maintained primarily for transportation of property. . Truck routes. Those routes which are designated by this article for the use of truck traffic. Truck terminal. A commercial facility operated principally for the loading, un- loading, storage, handling, maintenance, or repair of trucks, truck tractors, trailers, semi-trailers, pole trailers, ranch trailers, shipping containers, or commercial motor vehicles, as defined in this section, including but not limited to gasoline service stations, shipping con- tainer storage yards, and warehouse and shipping facilities. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. . Truck traffic. The operation of any combi- nation of a truck tractor, trailer, semi- trailer, pole trailer, shipping container, or a commercial motor vehicle, but not including light trucks, boats, house trailers, ranch trailers, and utility trailers, as herein defined." utility trailer. A trailer as defined herein without motive power, less than twenty-five feet in length. Section 3. Chapter 25, Article V, Sec. 25-84, of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: . . . e Ordinance No. 1352 , Page 4. "Sec. 25-84. Location of truck terminals restricted. Truck terminals, as defined in Sec. 25-80 of this Ordinance, shall only be located in areas directly adjacent to the right-of-way of the truck routes specifically designated in Sec. 25-81, supra, of this Ordinance." Section 4. 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 d~clared 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 5. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordi- nance, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not to exceed Two Hundred . Dollars ($200.00). Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall ()f the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof . . . I Ordinance No. 1352 , Page 5. has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after ~ the passage of this ordinance. PASSED AND APPROVED this the 2nd day of February , 1983. CITY OF LA PORTE By . ATTEST: '; ~~~) "' Cl.t Se e ary . -~~'- t: /' ~ -.;- .)1 . -~ .'.' ,.,'~...;.~~ / ,;. "'.; APPROVED: City Attorney . . . . . . CITY OF LA PORTE PHONE (713) 471.5020 0 P. O. Box 1115 0 LA PORTE. TEXAS 77571 I l : _l.~ L_._______~_ . ------c~..-'-z--------~?~.(~ ___,,", February 2, 1983 M E M 0 RAN DUM To: Honorable Mayor and City Council From: John Longley, Councilperson, District 2 Jack Owen, City Manager J. B. Williamson, Municipal Judge H. F. Freeman, Chief of Police John D. Armstrong, Assistant City Attorney Re: Chapter 25, Article IV, Section 25-60, et. seq. of the Code of Ordinances of the City of La Porte, the Truck Route Ordinance Dear Ladies and Gentlemen: In the fall of 1981, the La Porte Police Department, the Municipal Judge, and the Municipal Prosecutor of the City of La Porte, brought to the attention of the office of the City Attorney a difficulty in our present Truck Route Ordinance. The difficulty centered upon the fact that la-wheeler trucks and truck tractors were parking in residential subdivisions within the city limits of the City of La Porte. Upon an attempt by the Police Department to prosecute under the terms of our current Truck Route Ordinance, it was dis- covered that the drivers of said trucks were claiming that the residential property upon which they were parking was a truck terminal, and that, under an exception that existed to the Truck Route Ordinance, the parking of said trucks on said residential property was permissible under the terms of our current ordinance. The Municipal Prosecutor suggested to the office of the City Attorney that an amendment to the Truck Route Ordinance, said amendment defining the term "truck terminal", so as to negate the claim by the truckers that their residential property was indeed a truck terminal under the terms of the current ordinance. To shore up enforceability of the current Truck Route Ordinance, then, the office of the City Attorney prepared a definition of truck terminal, said definition appearing before the City Council in its agenda packet this evening. . . . . . Honorable Mayor and City Council Page 2 2/2/83 As a further aid to enforceability of the ordinance by the Police Department, the office of the City Attorney, noting that all truck terminals currently existing within the City of La Porte are located directly adjacent to existing truck routes, limited the location of all future truck terminals to areas directly adjacent to existing truck routes, or any truck routes that might be designated in the future. As a further aid to enforceability of the ordinance on the part of the La Porte Police Department, a clause was added restricting parking of certain defined vehicles (including trucks) on residential lots. After numerous public meetings, it was discovered that application of the new provision restricting parking of certain designated vehicles, including trucks, to non-residential areas, had an unequal, and in some cases, unfair impact upon many residents of the City of La Porte. Specific concerns were raised regarding application of the ordinance to utility trailers, boats, recreational vehicles, and vehicles incidental to the raising or cultivating of livestock or crops, those vehicles being particularly located in the Lomax area. Also, many current truck owners wi thin the City of La Porte voiced concern that the parking of their trucks on their property was not a matter properly regulated by a truck route ordinance. To alleviate these concerns, the ordinance was subsequently amended to exclude from its application, utility trailers, boats, recreational vehicles (house trailers), and ranch trailers. Further, one ton trucks were excluded from the applicability of the ordinance, and an attempt was made to write a special permitting section to allow the parking on residential property of any trucks (la-wheel trucks), provided that certain qualifications were met. The attempt to provide for a special permit to allow even l8-wheel trucks to park on certain residential properties, provided certain qualifications were met, was flawed, both from a legal and an enforcement stand point. The attempt had to be abandoned as being unworkable. It quickly became apparent that the ordinance had been watered down to the point that all the exceptions contained in the ordinance had become the rule. The most recent amendment to the proposed Truck Route Ordinance, represents a bac.k-to-basics approach. By getting away from the concept that residential parking of certain vehicles should be restricted, and moving to strictly regulate the travel of certain vehilces on non-truck routes, the ordinance becomes basic, and more easily enforceable. . . . . . Honorable Mayor and City Council Page 3 2/2/83 The proposed ordinance makes several changes in the old law. These changes are: (1) The parking prohibitions in current Section 25-64 are expanded, retaining the current four hour limit, but adding a prohibition of certain vehicles parking on the streets of the City of La Porte during any nighttime hours: (2) New definitions have been provided for boat, daytime, house trailer (specifically meant to include recreational vehicles), nighttime, ranch trailer, shipping container, shipping container storage yard, truck terminal, and utility trailer: (3) The definition of light truck is expanded in order to include one ton trucks: (4) The definition of truck traffic is restricted, so as to exclude from the term of the ordinance boats, house trailer, ranch trailers, and utility trailers: and (5) As noted above, the truck terminal exception to the Truck Route Ordinance has been removed, and in its place the more enforceable restriction of the location of truck terminals to designated truck routes has been added in its place. Simply put, then, the Truck Route Ordinance now requires commercial motor vehicles, pull trailers, semi-trailers, shipping containers, trailers, trucks, and truck trailers to travel only upon designated truck routes. On the other hand, automobiles, boats, house trailers, light trucks (specifically including one ton trucks), ranch trailers, and utility trailers, need not stay on designated truck routes, and are free to travel anywhere in the City of La Porte. Most importantly, this ordinance does not restrict the use of private property in any way, shape, or fashion. JDA:kb I'OI.i ('1-: ~ :;'" AJ.:T:.n:!\a . C1 TY OF I.A r,)j{ r ;.: l:-iTE1\-OFFlCE ~[E~\!.!i\:\Nili 1.\ TO: JACK OWEN, CITY MANAGER UA TE: APRIL l4, 19.83 FI\01-1: HERB FREEMAN Sl;UJEr.T: TRUCK ORDINANCE Since the passage of the. latest truck ordinance, we have not made an all-out e(fort to enforce the ordinance as to the locations of truck terminals. Our plans were to enforce this section of the ordinance on a complaint basis, and to gradually correct violations that have existed in some parts of the city, namely Lomax area and the old La Porte area, in a manner that would cause the least problems for everyone concerned, the public and the council. After filing one complaint with our court, we find the complaints are going to occur anyway - therefore I am asking for directions fr9m you before we proceed. Mr. Hodge and I have met to discuss the truck routes now existing and the possibility of adding to these routes to keep up with the increased truck traffic in the city. We talked at some length about including Twenty-sixth St. as a truck route, since Bay Area Illvd. will eventually be opened from Fairmont Parkway to Spencer Highway where Bay Area will connect with Twenty-sixth all the way to State Highway 225. Mr. Hodge talked with the Harris County Engineer who stated he, the engineer, had no objections to opening Twenty-sixth to trucks. The street does have proper foundation to support truck traffic. WE! also reconnnend adding Twenty-third St. to the truck route because of the Public Works Service Center. Your help in these matters and any direction on the other matter will be greatly a ciated. ~ H. F. F "-. I . CITY OF' L' POr~:1~2 '. ' '\ r---: . , .. .f" \. / \ , . '\ '~I " PHONE (7131471.5020 . P. O. E.o;;. 111~ 0 LA f'c..IHn, 1L),'.: 7i!:7l February 2, 1983 M E M 0 RAN DUM To: Honorable Mayor and City Council From: John Longley, Councilperson, District 2 Jack Owen, City Manager J. B. Williamson, Municipal Judge H. F. Freeman, Chief of Police John D. Armstrong, Assistant City Attorney Re: Chapter 25, Article IV, Section 25-60, et. seq. of the Code of Ordinances of the City of La Porte, the Truck Route Ordinance Dear Ladies and Gentlemen: In the fall of 1981, the La Porte Police Department, the Municipal Judge, and the Municipal Prosecutor of the City of La Porte, brought to the attention of the office of the City Attorney a difficulty in our present Truck Route Ordinance. The difficulty centered upon the fact that 18-wheeler trucks and truck tractors were parking in residential subdivisions within the city limits of the City of La Porte. Upon an attempt by the Police Department to prosecute under the terms of our current Truck Route Ordinance, it was dis- covered that the drivers of said trucks were claiming that the residential property upon which they were parking was a truck terminal, and that, under an exception that existed to the Truck Route Ordinance, the parking of said trucks on said residential property was permissible under the terms of our current ordinance. The Municipal Prosecutor suggested to the office of the City Attorney that an amendment to the Truck Route Ordinance, said amendment defining the term "truck terminal", so as to negate the claim by the truckers that their residential property was indeed a truck terminal under the terms of the current ordinance. To shore up enforceability of the current 'l'ruck Route Ordinance, then, the office of the City Attorney prepared a defini tion o~ truck terminal, said definition appearing before the City Council 1n its agenda packet this evening. " . . Honorable MayOle' and City Council Page 2 2/2/83 As a further aid to enforceability of the ordinance by the Police Department, thE~ office of the City Attorney, noting that all truck terminals currently existing within the City of La Porte are located directly adjacent to existing truck routes, limited the location of all future truck terminals to areas directly adjacent to existing truck routes, or any truck routes that might be designated in the future. As a further aid to enforceability of the ordinance on the part of the La Porte Police Department, a clause was added restricting parking of certain defined vehicles (including trucks) on residential lots. After numerous public meetings, it was discovered that application of the new provision restricting parking of certain designated vehicles, including trucks, to non-residential areas, had an unequal, and in some cases, unfair impact upon many residents of the City of La Porte. Spec:ific concerns were raised regarding application of the ordinance to ~tility trailers, boats, recreational vehicles, and vehicles incidE?n'tal to the raising or cultivating of livestock or crops, those vlehicles being particularly located in the Lomax area. Also, many cur:rent truck owners within the City of La Porte voiced concern that the parking of their trucks on their property was not a matter properly regulated by a truck route ordinance. To alleviate these concerns, the ordinance was subsequently amended to exclude from its application, utility trailers, boats, recreational vehicles (house trailers), and ranch trailers. Further, one ton trucks were excluded from the applicability of the ordinance, and an attempt was made to write a special permitting section to allow the parking on residential property of any trucks (18-wheel trucks), provided that certain qualifications were met. The attempt to provide for a special permit to allow even l8-wheel trucks to park on certain residential properties, provided certain qualifications were met, was flawed, both from a legal and an enforcement staLnd" point. The attempt had to be abandoned as being unworkable. It. quickly became apparent that the ordinance had been watered down to the point that all the exceptions contained in the ordinance had become the rule. The most recent amendment to the proposed Truck Route Ordinance, represents a bac:k-to-basics approach. By getting away from the concept that residential parking of certain vehicles should be restricted, and moving to strictly regulate the travel of certain vehilces on non-truck routes, the ordinance becomes basic, and more easily enforceable. , . . Honorable Mayor and City Council Page 3 2/2/83 The proposed ordinance makes several changes in the old law. changes are: These (1) The parking prohibitions in current Section 25-64 are expanded, retaining the current four hour limit, but adding a prohibition of certain vehicles parking on the streets of the City of La Porte during any nighttime hours: (2) New ~efinitions have been provided for boat, daytime, house trailer (specifically meant to include recreational vehicles), nighttime, ranch trailer, shipping container, shipping container storage yard, truck terminal, and utility trailer: (3) The definition of light truck is expanded in order to include one ton trucks: (4) The definition of truck traffic is restricted, so as to exclude from the term of the ordinance boats, house trailer, ranch trailers, and utility trailers: and (5) As noted above, the truck terminal exception to the Truck Route Ordinance has been removed, and in its place the more enforceable restriction of the location of truck terminals to designated truck routes has been added in its place. Simply put, then, the Truck Route Ordinance now requires commercial motor vehicles, pull trailers, semi-trailers, shipping containers, trailers, trucks, and truck trailers to travel only upon designated truck routes. On the other hand, automobiles, boats, house trailers, light trucks (specifically including one ton trucks), ranch trailers, and utility trailers, need not stay on designated truck routes, and are free to travel anywhere in the City of La Porte. Most importantly, this ordinance does not restrict the use of private property in any way, shape, or fashion. JDA:kb f!-__ S t .i e . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE IV, SECTION 25-64, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE TO INCLUDE BOATS, HOUSE TRAILERS, TRUCK TRACTORS, RANCH TRAILERS, AND UTILITY TRAILERS: AND AMENDING CHAPTER 25, ARTICLE V, SECTION 25-80, ET SEQ, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE: BY ADDING TO THE DEFINITION OF TRUCK TRAFFIC: BY ADDING DEFINI- TIONS OF nBOAT", "DAYTIME", "HOUSE TRAILER", "NIGHTTIME", "RANCH TRAILER., "TRUCK TERMINAL", "SHIPPING CONTAINERS., "UTILITY TRAILERS", AND "SHIPPING CONTAINER STORAGE YARDS": AND BY LIMITTING THE LOCATION OF TRUCK TERMINALS: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00): CONTAINING SEVERABILI~~Y AND REPEALING CLAUSES: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 25, Article IV, Sec. 25-64, of the Code of Ordinances of the Ci ty of La Porte is hereby amended to hereafter read as follows, to-wit: "Sec. 25-64. Parking time limit for trailers, semi-trailers, etc. It shall be unlawful for any person to leave, stand, or park a trailer, semi-trailer, pole trailer, ranch trailer, boat, house trailer, utility trailer, or truck tractor, either attached or unattached to a motor vehicle, on the public streets of the City for a period of time in excess of four (4) hours, or during any nighttime (as defined herein) hours." Section 2. Chapter 25, Article V, Sec. 25-80, of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 25-80. Definitions. The following words and phrases, when used in this article, shall, for the purpose of this article, have the meanings respectively ascribed to them as follows: Boat. A water craft not more than twenty- five feet in length, measured from end to end, over the deck, excluding shear, and manufactured or us.ed primarily for non-commercial use: for purposes of this article only, the term "boat" shall also include the trailer designed and used for the transportation of said boat over the public streets and highways. ( ~ e . Ordinancle No. , Page 2. Commercial motor vehicle. Any motor vehicle oth~r than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. Daytime. One-half hour before sunrise to one~half hour after sunset. Gross weight. The weight of a vehicle with- out load plus the weight of any load thereon. House trailer. A recreational vehicle, tra1ler, or semi-trailer, 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. ~ight truck. Any truck (as defined in this article) with a limited manufacturers rated carrying capacity. This definition is intended to i.nclude those trucks commonly known as one- ton trucks, pickup trucks, panel delivery trucks, and carryall trucks. ~ighttime. Any time period other than daytime. Pole trailer. Every vehicle without motive pOWE!r designed to be drawn by another vehicle and attached to the towing vehicle by means of a r~ach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Ranch trailer. A vehicle with or without motive power other than a pole trailer, designed for carrying livestock, ranch imple- ments, or other moveable personal property attendant to the business and recreational use of the raising of livestock or crops. Semi-trailer. Every vehicle, with or with- out 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. Shipping containers. Sealable shipping containers, designed for intermodal trans- portation, either with or without a per- manent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. ,. " e e ,; Ordinance No. , Page 3. Shipping container storage yards. A faci- lity for the storage, handling, and repair of shipping containers. Trailer. Every vehicle, with or without motI1,e power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck. Any motor vehicle designed, used or maintained primarily for transportation of property. Truck routes. Those routes which are designated by this article for the use of truck traffic. Truck terminal. A commercial facility operated principally for the loading, un- loading, storage, handling, maintenance, or repair of trucks, truck tractors, trailers, semi-trailers, pole trailers, ranch trailers, shipping containers, or commercial motor vehicles, as defined in this section, including but not limited to gasoline service stations, shipping con- tainer storage yards, and warehouse and shippirig facilities. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Truck traffic. The operation of any combi- nation of a truck tractor, trailer, semi- trailer, pole trailer, shipping container, or a commercial motor vehicle, but not including light trucks, boats, house trailers, ranch trailers, and utility trailers, as herein defined. II Utility trailer. A trailer as defined herein without motive power, less' than twenty-five feet in length. Section 3. Chapter 25, Article V, Sec. 25-84, of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: , t;t. e . .. Ordinance No. , Page 4. "Sec. 25-84. Location of truck terminals restricted. Truck terminals, as defined in Sec. 25-80 of this Ordinance, shall only be located in areas directly adjacent to the right-of-way of the truck routes specifically designated in Sec. 25-81, supra, of this Ordinance." Section 4. 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 5. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordi- nance, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 6. The City Council officially finds, determines, reci tes 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 Ci ty Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof . /... . ,; e e Ordinance No. , Page 5. has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (l4) days after its passage and approval. The City Secretary shall give notic:e of the passage of this Ordinance by causing the caption he~reof to be published in the official newspaper in the City of La Porte at least twice within ten (lO) days after the passage of this ordinance. PASSED AND APPROVED this the 1983. day of , CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: City Attorney ", f~... ,. -... .. .,.. e e ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 25, ARTICLE 4, SECTION 25-60, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE: CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 25, Article 4, Section 25-60, of the Code of Crdinances of the City of La Porte is hereby amended to hereafter read as follows, to-wit: "Sec. 25-60. Definitions. Certain parking prohibited on property containing single family or multi-family dwellings: parking of ranch trailers allowed on residentially zoned lots in excess of 10,000 square feet: Repealed." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or claus,e, or part thereof, may be declared invalid. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordi- nance, shall be deemed guilty of a misdemeano'r and upon convic- tion shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City ,- "~ .' r'.. e e , Page 2. OrdinanCE' No. Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the captil:>n. hereof to be published in the official newspaper in the Ci ty of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. PASSgD AND APPROVED this the day of February, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: Ci ty SeCrE!t,ary APPROVED: City Attorn,ey ~ ..e ...~--:'- e - .... . " ...... ORDINANCE NOo Al\~ ORDINANCE AMENDING CHAPTER 25, ARTICLE, IV, SECTION' 25-64, OF 'r'HE CODE OF ORDINANCES OF THe CITY' OF LA 1?OR'l'E TO INCLUDE BOATS, HOUSE TRAILERS, 'TRUCK' TRACTORS, RANCH' TRAILERS, AND UTILITY TRAILERS; AND ANENDING CHAPTER 25, ARt,L'ICLE v Q SECTION 25-80, ET SEQ, OF THE CODE OF ORDINANCES'OP ~HE CITY OF LA PORTE; BY ADDING TO THE DEFINITION OF TRUCK TRAFFIC: ax ADDING DEFINI- TIONS OF "BOAT", "DAYTUIE", IDHOUSE TRAILER",' Ot1.t:!(pHTTIMECJ Q CilRANCH TRAILER", "TRUCK TERMI~,i}\L" , "SHIPPING CONTAXUERS" , "UTILITY TRAILERSI1, AND "SHIPPI:\!C CONTAIllER' S;rORAGE ~(ARDSC'l B AND BY LIPUTTING THE LOCATION OF 'ItRUCK TBR~IINALS: PROVIDING THAT ANY PERSON VIOLATING THE TER[.1S OF THIS ORDINANCE SHALL j~E DEEi'-1ED GUILTY OF A MISDEl1EANOR AND SHALL UPO:~ CONVICTION BE FINED NOT TO EXCEED TttJO HUNDRED DOLLARS ( $20'0 II 00); .CONTAINING SEVERl\BILIXY AND REPEALING CLAUSES; FINDING COlIPL!A~CE WITH THE OPEN f.tJEETINGS LAW; AND PROVIDING AN EFFECrIVE DATE HEREOF 0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: , Section lo Chapter 25, A:a::ticle IV, See t 25-64 Q of the Code of Ordinances of the City of La Porte is hereby amended to hereafter read as follows, to-wit: "Seco 25-640 parking time limit for trailers, semi-trailers, etco '\ , '. It ,shall be unlauful for any person to lea.ve, stand, or park a trailer, semi-trailerv pole trailer, ranch trailer, boat, house trailer, util"ity trailerv or truck tractor, either attached or unattached to a motor vehicLe, on the public streets of the City for a perlod of time in excess of four (4) hours, or during any nighttime (as defined herein) hourson I.: . '-,. . '. .... \ i' Section 20 Chapter 25v Article Vv Snco 25-80, of the Code of o'rdinances of the City of La Porte i.s hereby amended, to hereafter read as follows, to-wit: "Seco 25-800 Definitions. The following words and phrases, when used in this .articlev shall, for the purposo of this article, have the meanings respectively ascribed to them as follows: Boat. A water craft not more than ~vcnty- five feet in length, measured from end 1:0 end, over the deck, excluding she~r, and manufactured or used primarily for non-commercial U;Jli:! i. for purposes of this article only, the ter:n. "boat II shall also inclUde the trailer designed and used for the transportation of said boat over the public streets and highwayso I' . I , .\ '" ., , ,i ':\~'. .j.- , , .. ./ .~ . .,,'" -, ,', :P ~ ~.~ -., e .. -.., Ordinance Noo , Page 20 r::.:=.d ~ Commercial motor vehicleo Any motor vehicle other than a motorcycle, designed or'used for the transportation of property, including every vehicle. used for delivery purposeso Daytimco One-half hour before sunrise to one-half hour after sunseto Gross ueightoThe weight of a vehicle "Jith- out load plus the weight of any load thereono House trailero A recreational vehicle, trailer, or semi-trailerg 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 highwayso . Light trucko Any truck (as defined in this article) with a limited manufacturers rated carrying capacityo This definition 'is intended to include those trucks commonly known a's one- ton trucks, pickup trucks, panel delivery trucks, and carryall truckso ' Nighttimeo Any time period other than daytimeo Pole traile~o Every. vehicle without notive 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 connectionso Ranch trailero A vehicle with or without motive power other than a pole trailer, designed for carrying livestock, ranch imple- ments, or other moveable personal property attendant to the business and recr.eational use of the raising of livestock or cropso Semi-trailero Every vehicle, with or with- out 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 i'ts ~oad rests upon or is carried by another vehicleo I '. \ i .. J .J , I " Shipping containerso Sealable shipping containers, designed for intermodal trans- portation, either with or without a per- manent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandiseo . ,_. J " I \ r. ~-------- <,. / ....' .""-' .' ..' . 'e' Ordinance No. , Page 3. Shipping container storage yards. A faci- lity for the storage, handling, and repair of shipping containers. Trailer. Every vehicle, with or without motive power, other than'a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its \"ieight rests upon the towing vehicle. Truck. Any motor vehicle designed, used or maintained primarily for transportation of property. Truck routes. Those routes which are designated by this article for the use of truck traffic. Truck terminal. A commercial facility operated principally for the loading, un- loading, storage, hand~ing, maintenance, or repair of trucks, truck tractors, trailers, semi-trailers, pole trailers, ranch trailers, shipping containers, or commercial motor vehicles, as defined in this section, including but not limited to gasoline service stations, shipp~ng con- tainer storage yards, and warehouse and shipping facilities. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Truck traffic. The operation of any combi- nation of a truck tractor, trailer, semi- trailer, pole trailer, shipping container, or a commercial motor vehicle, but not including light trucks, boats, house trailers, ranch trailers, and utility trailers, as herein defined." Utiliti trailer. A trailer as defined herein without motive power, less than twenty-five feet I in length. I I , , Section 3. Chapter 25, Article V, Sec. , I \ 25-84.1, of the I 'J hereijy qmended, Code of Ordinances of the City of La Porte is to hereafter read as follows, to-wit: \. ,: j ....-~ -~ _.--~..._._.. . c..... ~ IJI'""""" . e Ordinance Noo , Page 40 "Seco 25-840 Location of truck terminals restrictcdo Truck terminals, as defined in Seco 25-80 of this Ordinance, shall only be ,located in areas directly adjacent ~o the right-of-way of th~ truck routes specifically desi9nated in SCCo 25-81, supra, of this Ordinanceo" Section 40 If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinanc~ 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 cla~se, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof f may be declared invalido Section 50 Any person, as defined in Section 1007(27), Texas Penal Code, who shall violate any proviolon of the ordi- nance, shall be deemed guilty of a misdemeanor anq upon oonvic- tion shall be punished by a fine not to e:tceed - T\-1O Hundred Dollars (~200000)o ~... '';, Seo-G-.ie-n 60 :Tfic.-.-.City Co~nci1. officially finds, determines, reci tes and declar~s that' a sufficient written notice of the,' \. date, hour, . --._._~ place and subJe~cf of thi.s :1neeting of the City 1'.1 Cou~cil tlas J2.osted at a place- convenient to the pu~lic at the ......... ----- "- City Ual1"o-;.""..,the ~~.,...for the 'timet r.ccju,ired by law 'preceding ... . ",-,' ---'.... -.' ~." . this meeting, aEl~quired "by 'the Open r.1eetings La~'l, 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 \/hich this Ordinance anc5J the s~bject matter thereof -- -~ "~._~t .... , . . Ordinance Noo , Page 50 has been discussed, considered and formally acted upon 0 The City Council further ratifies, approves and Qonfirms such written notice and the contents and posting thereofo Section 70 This Ordinance shall be effective fourteen (l~) days after its passage and approval 0 The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official net-lspaper in the City of La Porte at least twice within ten (lO) days after the passage of this ordinanceo PASSED AND APPROVED this the 19830 day of , CITY OF LA PORTE By Virgini,a Cline II ~'Iayor ATTEST: City Secretary APPROVED: City Attorney \ ''8 - ;,.2 ROBERT ~. MONTGOMERY. ~.D INC. 71110rney at Saw - - RDBERT~,MONTGOMERY MODERN SAVINGS BUILDING FAMILY LAW AND CRIMINAL LAW SPECIALIST August 10, 1982 3222 BURKE ROAD SUITE IDS TEXAS BOARD OF SPECIALIZATION PASADENA. TEXAS 77504 713 . 941.7464 John D. Armstrong . Attorney at Law P. O. Box l2l8 La Porte, Texas 7757l Re: Truck Route Ordinance Revisions Dear John: I have r~viewed the Truck Route Ordinance Revisions. They look fine to me. If you have any questions in this regard, please contact my office. - RJM: jks . 0(p~ i;l';/;'-'e,iQi' 'tn ;p!~ i ~: ..' .:!'i.' ]',1 '!:.; A ~ V'!:!~kP~ I':!il E;10' WlJi:, ;, . ~ ~ 'd" i" "'1:1 'j:, , 9 ...,. .... . ":i! .;,;1. "j.:;:,. . . PAGE 4A - -;-;;;;;- - . ----- - -- :, New trr1UlccOC policy s]ffi(Q)1Ulndl - , 'WD~D~~~nn~tj~~U!:@~~w rrepil ~~~illllL ~1V.fil1~ if .Ill: : ~llm~ J' '''I. City Councilman John Longley is now propos- ing passage of a truck ordinance that classifies truck and trailer equipment and outlaws specific parking violations of such equipment. The ordinance Longley and fellow Coun- cilman Ed Matuszak endorse, would prohibit parking of ranch trailers on residentially zoned lots of less thalli 20,000 square feet. Commercial vehicles, 'pole trailers, semi- trailers, shipping containers, trailers, trucks or truck tractors other than a light truck or ranch trailer will not -!be allowed to park on "any pro- perties zoned for single:-family or multi-family residential use under the applicable zoning or- . dinance" of the city. Class C zoned! commercial and multi-family property is also included in the ordinance. If the ordilUllnce is adopted in its present form, citizens would be prohibited "to leave, stand, or park a trailer, semi-trailer, pole- trailer, ranch trailer, or truck tractor, either a t- tached or unattached to a motor vehicle, on the public streets of the city for a period of time in excess of four hours." . Truck terminals would only be allowed to park in areas "directly adjacent to the right of way of the truck routes specifically designated. " . Citizens found guilty of violating the or- dinance if adopted, would be a misdemeanor resulting in a fine not to ~xceed $200. City council is divided on the issue of the truck ordinance. Councilpersons Kevin Graves, B. Don Skelton and Linda Westergren have taken stands against the ordinance' as proposed by Longley and vehemently supported by Matuszak. As is the case with any constituency, . , passage. of legislation will not be popular with everyon~, but will (or should) be in the best in- terest of the majority. However, this latest proposed legislation is not in the best interest of the majority of La Porte citizens. Skelton best summed the impact of the ordinance when he said citizens were be- ing set up for prosecution if the ordinance was adopted. Understandably, council is concerned, as are the residents of La Porte, in keeping the city a desirable place to live and work. And, yes, parking of certain truck and trailer equipment is an eyesore and a danger in certain parts of the city. The proposed ordinance, however, appears to be based on too Iittl~ research and too little citizen input. Apparently, a small group of citizens had a big hand in suggesting restric- tions for the entire community. The concern is, if a few citizens are involved in such a project, a citywide citizen input should be allowed before an ordinance is written in its final form and brought before council for a vote. ' What would appear to be good intentions has. resulted in a heated division between city coun- cil members and a great majority of residents. Content of the ordinance is extremely impor- tant. However, as some people know too well, it's the precedent being set in this case that _ clouds the intent of the legi~lation. Governing bodies have the responsibility to meet the needs of their constituencies with ac- tion best suited for the majority, but more im- portantly, in a manner conducive to established protocol of the American system. ...-. '\l 0 I~~ Longley has now suggestec; a minimum of 10,000 square feet. Other restrictions in the original draft of the or- dinance allow commercial vehicles, pole trailers, semi-trailers, shipping con- tainers, trailers, trucks or truck tractors other than a See COUNCIL, Paf(e 2/\ ---... --... -"- -......-- -- ({)Iffi tiflUl ck paif OCll1TIlg ({)if dll1IDlaIDl ce .- _._- -"--<C.--- --._-_...~.... -- ._~__._. ____.________ __...____ ....... _.. ___. -----.-- - -p ----.- -_. - --..__._-..._-~- ----- ---'------------- --.----.. -_ "._... ~4 "_...._ t01Lll.mlc.Jin~p~itt ---- ----.- Longley ha'i no\'II chang- Kevin Graves, Linda ed certai;l portions of the Westergren, B. Don ordinance in an attempt at Skelton along with Deotis an acceptabl(.' ordinance. Gay. Siding with Longley The changes proposed are on the first draft is Ed now in the haMs of City At- Matuszak. tc?rney Knox Askins. The In its original form the changes nre expected to be ordinance states that park- discussed at th~ n~x.t coun-. ing of ranch trailers on cil workshop. residentially zoned lots less Opposing the ordi:nance than 20,000 square feet in its oTIei'illil ferm are would be prohibited. minutes before~Unrise. Vote on app~oval of the ordinance was tabled by Ci- ty Council following a heated debate among coun- cil members. It was d~cid- .ed that further study by Longley and staff and more citizen i'lput was njleded before apropnsal a~cep- table to the community coold 118 voted on. Members of the City Council are split ovel the issue :of a proposed truck ordinance written by c{l\ln- cilman John Longley .md members of the city sUitf. The ordinance, ouUin ng parking violations of deji"l- ed trucks and traile:"ti.. would prohibit such ~rlt- ing on city streets ~~ minutes after sunset to '10 - . . 7/-' ,July 23, 1982 r-lr 0 Jack Ouen [-lr 0 Robart J 0 Hou';;:.goncry Chief nerb Fraeman Lto Bobby pow~ll CI~ OF LA PORTE La Porte, Texas ,7757l " Re: Truck Route Ordinance Rcvision~ Dear' Sirs: 'Pla~se find enclo.Jcc1 my i.,roposea amendments to the Truck Route Ordi- nance of the City of La Porteo Since this is only a rough draft, I presen~ this to you vii th the re<1uest that you favor rl~e \...ithyour comment!';, criticisms, or sug- gestions as to hO\l to,improve on said propose~ ordinanceo Your rapid reply \7i11 ,insure speedy consideration by the City Council at i ts na~~t \'lorke.hop meeting 0 Of course., e:Uiy further EH:H.dstunce I can be to you on this or any other mattar~please adviseo Very truly yours, John Do Armstrong Assistant City Attorney City of La Porte JDl'.: jn ,..,. . FROM THE DESK OF JcImlm Do ~1fmsftr<OImgo JIoJD)o 4,,~. - ~~= · :pis;: ~~~ ,OJff'~f~$ _ . r.liYQ$,~~ S' D f4., orJ/~"f j (~ - ~k~~f~) ~~~: : (i) ~~ ;J(J~#T~~Y ~U~~~F.)f;p(j af I CD Lt. ..tidrl~"J) ~4d!211 ~p "Flf)' b Re\ JJ#JJ' /lid - oJ ~ l!fGrlo ft2t~ I ~ Lff(J . W~ R- I ~tIJ ~".,' ~i~, tEA.. ~.~. "~ ~ '~ ,( ~" ,Z3 tJJrfrfli@J~ , . ~ ItYc IWblJ. ~f()/fpT! ~'~ rawing Bu.rd, Inc.. Box 50S. Dallas. Texas