ORD 1998-09ORD. 2001-21 P&Z
09/17/2001
TOiv[TN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 98-09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS PROHIBITING THE OPERATION OVER OR UPON
TROPHY CLUB DRIVE, INDIAN CREEK DRIVE, TROPHY
WOOD DRIVE, AND TROPHY LAKE DRIVE WITHIN THE
TOWN OF ANY CONnIERCIAL MOTOR VEHICLE,
TRUCK -TRACTOR, TRAILER, OR SEMI -TRAILER, OR
COMBINATION OF SUCH VEHICLES, HAVING AN
OVERALL GROSS WEIGHT IN EXCESS OF FIFTY
THOUSAND (50,000) POUNDS (INCLUDING ALL
ENFORCEMENT TOLERANCES) ON A GROUP OF TWO
OR MORE CONSECUTIVE AXLES; PROVIDING THAT
THE PURPOSE OF THE REGULATIONS HEREIN MADE
ARE TO REGULATE THE MOVEMENT AND OPERATION
OF OVERWEIGHT C01EVIODITIES 'WHICH CANNOT
REASONABLY BE DISMANTLED, AND SUPERHEAVY OR
OVERSIZE EQUIPMENT FOR THE TRANSPORTATION OF
AN 01TRWEIGHT OR OVERSIZED COMMODITY THAT
CANNOT REASONABLY BE DISMANTLED; PROVIDING
DEFINITIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant Section 311.003, Tex. Transp. Code, the Town of Trophy Club,
Texas (the "Town") has exclusive authority over the highways, street,s, and alleys of the Town,
including the power to regulate a street; and
WHEREAS, the Town is further authorized by Section 621.303, Tex. Transp. Code, to
regulate movement and operation on the public roads of the Town, other than a state highway
in the territory of the Town; -of -an overweight, oversize, or overlength commodity that cannot
reasonably be dismantled, and superheavy or oversize equipment for the transportation of an
overweight, oversize, or overlength commodity that cannot be reasonably dismantled.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Definitions. When used in this Ordinance, the following words and
phrases shall mean as follows:
Motor vehicle means a vehicle that is self-propelled.
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Commercial motor vehicle means a motor vehicle, other than a motorcycle, designed and
used for (i) the transportation of property, or (ii) delivery purposes.
Semitrailer means a vehicle without motive power that is designed, or used with a motor
vehicle, so that some of its weight and the weight of its load rests on or is carried by the motor
vehicle.
Trailer means a vehicle without motive power that is (i) designed or used to carry
property or passengers on its own structure exclusively, and (ii) drawn by a motor vehicle.
Truck -tractor means a motor vehicle designed or use primarily for drawing another
vehicle (i) that is not constructed to carry a load other than a part of the weight of the vehicle
and the load being drawn, or (ii) that is engaged with a semitrailer in the transportation of
automobiles or boats and that transports the automobiles or boats on part of the truck -tractor.
Vehicle means a mechanical device, other than a device moved by human power or used
exclusively upon stationary rails or tracks, in, on, or by which a person or property can be
transported on a public highway. The term includes a motor vehicle, commercial motor vehicle,
truck -tractor, trailer, or semitrailer, but does not include manufactured housing as defined by
the Texas Manufactured Housing Standards Act (art. 5221f, V.T.C.S., as amended or
superseded).
Section 2. Prohibition. Except as otherwise provided by law, a vehicle or
combination of vehicles may not be operated over or on Trophy Club Drive, Indian Creek
Drive, Trophy Wood Drive, or Trophy Lake Drive, if the vehicle or combination of vehicles
has an overall gross weight heavier than 50,000 pounds (including all enforcement tolerances)
on a group of two or more consecutive axles. Emergency vehicles (e.g. fire trucks, police
vehicles), moving vans, vehicles providing food carrier services, school buses, and vehicles
performing public utility functions are exempt from the prohibition of this Section.
Section 3. Pu ase. It is a purpose of this Ordinance to regulate the movement and
operation on the streets described in Section 2 of overweight and oversize commodities that
cannot reasonably be dismantled, and of superheavy or oversize equipment for the transportation
of an overweight, oversize, or overlength commodity that cannot be reasonably dismantled.
Section 4. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting the streets and roads of the Town and shall not repeal any of the provisions of
those ordinances except in those instances where the provisions of those ordinances are in direct
conflict with the provisions of this Ordinance.
Section 5. Penalty. It shall be unlawful for any person to violate any provision of
this Ordinance, and any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount of not more than Five Hundred Dollars ($500.00).
Section b. Severability. The sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause
or word in this Ordinance or application thereof to any person or circumstance is held invalid
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or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance, and the Town Council hereby declares that it would
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 7. Effective date. This Ordinance shall become effective from and after its
date of passage and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 21 s t day of A r i l I QQR
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town ktorney,
Town of Trophy Club, Texas
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