ORD 1987-03ORDINANCE 0 87-03
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. _Q 87-p3
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES;
PROVIDING DEFINITIONS; PROVIDING FOR PERMITS;
PROVIDING FOR WEIGHTS OF LOADS; PROVIDING FOR
THE WEIGHING OF LOADED VEHICLES BY POLICE
OFFICERS; PROVIDING PROCEDURES FOR THE
TRANSPORTATION OF READY MIXED CONCRETE;
PROVIDING PROCEDURES FOR THE TRANSPORTATION OF
SOLID WASTE; PROVIDING A SEVERABILITY CLAUSE
PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS
OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is authorized
pursuant to Section 2(d) of Article 670ld--11, Texas Revised Civil Statutes (Vernon),
as amended, to regulate the movement and operation of overweight, oversize or
overlength commodities which cannot reasonably be dismantled, as well as the
movement and operation of superheavy or oversize equipment for the transportation
of oversize or overweight or overlength commodities which cannot be reasonably
dismantled, on public roads within the corporate boundaries of the Town; and
WHEREAS, the Town is authorized p►u°suant to Section 2 of Article 670ld-12,
Texas Revised Civil Statutes (Vernon) as amended, to prescribe by order or
ordinance, reasonable rules and regulations governing the operation of vehicles used
to transport ready mixed concrete over public highways maintained by the Town; and
WHEREAS, the Town Council finds that the adoption of the regulations
herein are in the best interests of the health, safety and welfare of the citizens of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the above and foregoing premises are adopted and
incorporated herein as if copied herein in their entirety.
Section 2. Definitions.
The following words and phrases, when used in this ordinance shall, for the
purpose of this ordinance, have the meanings respectively ascribed to them in this
section, as follows:
(1) "Vehicle." Every mechanical device, in, upon or by which any
person or property is or may be transported or drawn upon a public highway,
including motor vehicles, commercial motor vehicles, truck -tractors,
trailers, and semi -trailers, severally, as hereinafter defined, but excepting
devices moved by human power or used exclusively upon stationary rails or
tracks.
(2) "Motor Vehicle." Every vehicle, as herein defined, which is
self-propelled.
(3) "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.
(4) "Truck --tractors." Every motor vehicle designed or 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, except
that is engaged with a semi -trailer in the transportation of automobiles, and
that transports motor vehicles on part of the truck -tractor.
(5) "Trailer." Every vehicle without motive power designed or
used for carrying property or passengers wholly on its own structure and to be
drawn by a motor vehicle.
(6) "Semi -trailer." Every vehicle of the trailer type so designed
or used in conjunction with a motor vehicle that some part of its own weight
and that of its own load rests upon or is carried by another motor vehicle.
(7) "Street." Every street, road and alley within the Town of
Trophy Club, Texas exclusive of state highways within the Town.
(8) "Town." The Town of Trophy Club, Texas.
Section 3. Weights and loads of vehicles; special permits.
(a) Except as otherwise provided by law, no person may drive, operate,
or move, nor may the owner cause or permit to be driven, operated or moved, on any
street, any vehicle or vehicles of a weight exceeding the limitations stated in this
ordinance, or transport thereon any load or loads exceeding the weight prescribed in
this ordinance.
(b) The Town Council may issue permits limited to periods of ten (10)
days or less for the transportation over Town streets of overweight commodities
which cannot be reasonably dismantled or for the operation over the Town streets of
superheavy equipment for the transportation of overweight commodities which
cannot be reasonably dismantled.
A permit fee of $ shall be charged for each vehicle transporting
over Town streets overweight commodities which cannot be reasonably dismantled
or for the operation over Town streets of superheavy equipment for the
transportation of overweight commodities which cannot be reasonably dismantled.
The owner or operator of such vehicles may apply to the Town Secretary for said
permit. Each permit shall contain the name of the owner or operator of the vehicle,
the weight which the vehicle is carrying, the vehicle identification number and any
other information deemed necessary by the Town Council. The Town Council shall
designate the route within the Town to be used by said vehicles operating over the
Town streets.
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Section 4. Weight of load.
(a) Except as otherwise provided by law, no commercial motor vehicle,
truck -tractor, trailer or semi --trailer, nor combination of such vehicles shall be
operated over, on or upon Town streets, having a weight in excess of one or more of
the following limitations:
(1) No such vehicle nor combination of vehicles shall have a
greater weight than twenty thousand (20,000) pounds carried on any one axle,
including all enforcement tolerances; or with 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 or more consecutive axles
produced by application of the following formula:
W=500 ELN +12N+36)
N--1
where W = overall gross weight on any group of two or more consecutive
axles to the nearest 500 pounds, L = distance in feet between the extreme of
any group of two or more consecutive axles, and N = 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
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 vehicle 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 city street and using
high-pressure tire, 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 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.
(3) 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) inches apart, extending
across the full width of the vehicle. Tandem axle group is defined as two (2)
or more axles spaced forty (40) inches or more apart from center to center
having at least one (1) common point of weight suspension.
(b) No person shall load, or cause to be loaded, a vehicle for operation on
the Town streets with the intent to violate the weight limitations in Subsection (a)
of this section. Intent to violate those limitations is presumed if the loaded vehicle
exceeds the applicable gross vehicular weight limit by 15 percent or more. This
subsection does not apply to the loading or causing to be loaded of an agricultural or
a forestry commodity prior to the processing of the commodity.
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(c) The load limits established by this section shall be posted by
appropriate signs within the Town by the Town Marshall or his designated
representative prior to the enforcement of any of the provisions hereof.
Section 5. Application for registration to shove weight and
maximum load;
license receipt; enact for violation.
When any person, firm or corporation desires to operate over any Town street
any vehicle that cannot comply with one or more of the weight restrictions
contained in this ordinance, the Town Secretary may, as an alternative to any other
procedure authorized by law upon application, issue a permit for the movement of
such vehicle, when the Town Secretary is of the opinion that the same may be
moved without material damage to the roadway.
Upon application for a permit for any commercial motor vehicle,
truck --tractor, trailer or semi -trailer, the applicant shall deliver to the Town
Secretary an affidavit, duly sworn to before an officer authorized to administer
oaths, showing the weight of said vehicle, the maximum load to be transported
thereon, and the total gross weight for which said vehicle is to be permitted; which
affidavit shall be kept on file by the Town Secretary. The permit issued to the
applicant shall also show said total gross weight for which said vehicle is registered.
A copy of said receipt shall be carried at all times on any such vehicle while the
vehicle is upon the Town streets.
The copy of the permit above required shall be admissible in evidence in any
cause in which the gross registered weight of such vehicle is an issue, and shall be
prima facie evidence of the gross weight for which such vehicle is permitted. Such
copy of the permit shall be displayed to any officer authorized to enforce this
ordinance, upon request by such officer.
The Town Marshall shall formulate rules and regulations regarding the
issuance of permits including, but not limited to, the forms and procedures to be
used in applying for same; whether a particular permit shall be for one trip only, or
for a period of time; and such other matters as the Town Marshall may deem
necessary to carry out the provisions of this ordinance. The failure of an owner or
his representative to comply with any rule or regulation of the Town Marshall or any
condition placed on his permit shall render the permit void and, immediately upon
such violation, any further movement over the Town streets of the overweight
vehicles, shall be in violation of existing laws regulating the weight of vehicles on
Town streets.
It is recognized that the movement of such overweight vehicles is a privilege
not accorded to every user of the Town streets, and it logical and proper that the
fees to be charged for special transportation permit be sufficient to provide that the
permittee pay the administrative costs incurred in the processing and issuing of the
permits, pay for the added wear on the highways in proportion to the reduction of
service life, and for the special privilege of transporting a more hazardous load over
the Town streets, thus compensating for the economic loss to the operators of
vehicles in regular operation due to necessary delays and inconveniences occassioned
by these types of vehicle movements. It is, therefore, declared to be the policy of
the Town Council that in formulating such rules and regulations and in establishing
such fees, the Council shall consider and be guided by: I
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a. The Town's investment in its streets;
b. The safety and convenience of the general traveling public;
C. The suitability of roadways and sub -grades on the streets, variation
in soil grade and the seasonal effect on street load capacity.
Section 6. The issuance of a permit for an overweight movement shall not be
a guarantee by the Town that the streets can safely accomodate such movement,
and the owner of any vehicle involved in any overweight movement, whether with or
without permit, shall be strictly liable for any damage such movement shall cause
the streets or any of its structures or appurtenances.
Section 7. Motor vehicles --solid waste transport --weight limitations.
Vehicles used exclusively to transport solid waste (except hazardous waste),
as defined in the Solid Waste Disposal Act (Article 4477-7, Vernon's Texas Civil
Statutes), may be operated upon the Town streets with a tandem axle gross load not
to exceed 44,000 pounds, a single axle gross load not to exceed 20,000 pounds and a
gross load for the vehicle not to exceed 64,000 pounds, provided that where the
vehicle is to be operated with a tandem axle gross load in excess of 34,000 pounds,
the owner, except if the owner is a municipality, of such vehicle shall first file with
the State Department of Highways and Public Transportation a surety bond in the
principal sum not to exceed $15,000 for each vehicle, which sum shall be set by the
State Department of Highways and Transportation; said bond to be conditioned that
the owner of such vehicle will pay to the Town, within the limit of such bond, all
damages done to the Town streets by reason of the operation of such vehicle with a
tandem axle gross load in excess of 34,000 pounds; such bonds shall be subject to the
approval of the Town Council.
Section S. Weight of vehicles transporting ready --mix concrete.
Vehicles used exclusively to transport ready -mixed concrete, which is hereby
defined as a perishable product, may be operated upon the public streets of the
Town with a tandem axle load not to exceed 44,000 pounds, a single axle load not to
exceed 20,000 pounds and a gross load not to exceed 64,000 pounds, provided that
where the vehicle is to be operated with a tandem axle load in excess of 34,000
pounds, the owner of such vehicle shall first file with the Town a surety bond in the
principal sum as fixed by the Town, which sum shall not be set at a greater amount
than $15,000 for each vehicle, said bond to be conditioned that the owner of such
vehicle will pay to the Town of Trophy Club, within the limit of such bond, all
damages done to the Town streets by reason of the operation of such vehicle with a
tandem axle load in excess of 34,000 pounds; such bond shall be subject to the
approval of the Town Council.
Section 9. Weighing loaded vehicles by police officers.
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 furnished or approved by the Texas Department of
Public Safety, or cause the same to be weighed by any public weigher, and to require
that such vehicle be driven to the nearest available scales for the purpose of
weighing. In the event the gross weight of such vehicle is found to exceed the
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maximum gross weight authorized by law, plus a tolerance allowance of five per
cent (5%) of the gross weight authorized by law, such police officer shall demand
and require the operator or owner of such motor vehicle to unload such portion of
the load as may be necessary to decrease the gross weight of such vehicle to the
maximum authorized by law plus such tolerance allowance, except as otherwise
provided. Such operator or owner shall forthwith unload such vehicle to the
maximum authorized by law plus such tolerance allowance, except as otherwise
provided. Such operator or owner shall forthwith unload such vehicle to the extent
necessary to reduce the gross weight thereof to such lawful maximum and such
vehicle may not be operated further over the public roads of the Town until the
gross weight of such vehicle has been reduced to a weight not in excess of the
maximum limit plus such tolerance allowance. In the event the axle load of any
such vehicle be found to exceed the maximum authorized by law, plus a tolerance
allowance of five per cent (5%) of the axle load authorized by law, such officer shall
demand and require the operator or owner thereof to rearrange his cargo, if
possible, to bring such vehicle and load within the maximum axle load authorized by
law, and if this cannot be done by rearrangement of said cargo, then such portion of
the load as may be necessary to decrease the axle load to the maximum authorized
by law plus such tolerance allowance shall be unloaded before such vehicle may be
operated further over the public roads of the Town. Provided, however, that if such
load consists of livestock, then such operator shall be permitted to proceed to
destination without being unloaded provided destination be within the State of Texas.
It is further provided that in the event the gross weight of the vehicle
exceeds the permitted gross weight, the police officer shall require the operator or
owner thereof to apply to the Town Secretary for a permit in an amount that will
cause his gross permitted weight to be equal to the gross weight of the vehicle,
provided such total permitted weight shall not exceed the legal gross weight allowed
for such vehicle, before such operator or owner may proceed. Provided, however,
that if such load consists of livestock or perishable merchandise then such operator
or owner shall be permitted to proceed with his vehicle to the nearest practical
point in the direction of his destination where his load may be protected from
damage or destruction in the event he is required to secure an additional permit
before being allowed to proceed. It shall be conclusively presumed and deemed
prima facie evidence that where an operator or owner is apprehended and found to
be carrying a greater gross load than that for which he is permitted, he has been
carrying similar loads from the date of purchase of such permit.
It is further provided that all forms and accounting procedures necessary to
carry out the provisions of this section shall be prescribed by the Town Council.
Section 10. All ordinances, rules and regulations of the Town in conflict with
this Ordinance are hereby repealed.
Section 11. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall
not affect the validity of the remaining portions of the ordinance, and the Town
Council hereby declares it would have passed such remaining portions of the
ordinance despite such invalidity, which remaining portions shall remain in full force
and effect.
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Section 1.2. Any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a
sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 5. The fact that the present ordinances and regulations of the Town
of Trophy Club, Texas, are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the Town of Trophy Club,
Texas, creates an emergency for the immediate preservation of the public business,
property, health, safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its passage and it is
accordingly so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas on the 9 day of February 1987.
Mayor, Town of Troph Club, Texas
ATkSe'c
tary, owm of Trophy Club,
Texas
[SEAL]
APPROVED AS TO FORM:
own A Corney, Town of Trophy Club,
TWxas
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