ORD 1992-08TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-08
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
RELATING TO TRAFFIC CONTROL AND CONTROL OF
STREETS AND PROVIDING REGULATIONS AS FOLLOWS:
PROVIDING FOR A MAXIMUM RATE OF SPEED FOR
VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN
THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN
A CERTAIN DISTANCE OF SCHOOLS; PROVIDING FOR
THE POSTING OF SPEED LIMIT AND SCHOOL ZONE
SIGNS; DESIGNATING STOP INTERSECTIONS WITHIN
THE TOWN; PROVIDING FOR THE POSTING OF STOP
SIGNS; REGULATING THE CONSTRUCTION OF
STRUCTURES, INCLUDING BUT NOT LIMITED TO
FENCES, WALLS, SCREEN HEDGES, TREES, BUSHES,
SHRUBS, BILLBOARDS OR MOUNDS OF EARTH, WHICH
CREATE A TRAFFIC HAZARD BY OBSTRUCTING THE
VIEW OF DRIVERS OF MOTOR VEHICLES; PROHIBITING
THE PARKING OF MOTOR VEHICLES ON PUBLIC
HIGHWAYS, STREETS AND OTHER RIGHTS-OF-WAY
BETWEEN THE HOURS OF 3 A. M. AND 5 A.M. EACH
DAY; PROVIDING REGULATIONS FOR OVERWEIGHT
VEHICLES; 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
DEFINITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES
AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC
CONTROL DEVICES, OBSTRUCTION OF VIEW, PARKING,
AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT
OF CONFLICT HEREWITH; PROVIDING A SAVINGS
REPEALING ORDINANCE NOS 85 07, 85 08
8.5 21 $6 '0$; $6 09, $'1 03-, k8$=Q6, 58-08, $8--:-T
1.R, -88 23, 88 „ 26 aAND 92; 02.FOR THE PURPOSE OF
COMBINING THE SAID ORDINANCES HEREIN WITHOUT
SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN
ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED
DOLLARS ($500.00) 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 Council is empowered under §51.001, Tex.
Loc. Gov. Code (Vernon) and y 122.005, Tex. Health & Saf. Code
(Vernon) to do all acts and make all regulations which may be
necessary or expedient for the promotion of the public health; and
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WHEREAS, the Town under article 1016, V.T.C.S., is given
control and power over the streets and roads of the Town including
the power to regulate the streets and roads; and
WHEREAS, the Town Council is authorized under sections 26 and
27 of article 6701d, V.T.C.S., as amended, to adopt local traffic
regulations with respect to streets and roads under its
jurisdiction; and
WHEREAS, the Town Council is authorized under section 169 of
the said article 6701d to alter the prima facie speed limits within
the Town; and
WHEREAS, the Town Council desires to establish regulations
governing the maximum speed of vehicles within the Town; and
WHEREAS, upon the basis of a traffic investigation study
taking into consideration the health, safety, and general welfare
of the citizens of the Town, the number of children residing
throughout the Town, the type of development throughout the Town,
the width and condition of the pavement or other surface of the
streets and roads within the Town, the usual traffic thereon, and
other circumstances on such streets and roads, the Town Council
hereby finds and determines that a reasonable and safe prima facie
maximum speed limit on the streets and roads within the Town be
set; and
WHEREAS, the Town Council is further empowered pursuant to
section 91 of the said article 6701d to erect stop signs at
specified entrances to highways and streets under its jurisdiction
and designate any intersections as a stop intersection and erect
appropriate signs at one or more entrances to such intersections,
and is further empowered by section 31 of the said article 6701d to
place and maintain any traffic control devices upon any street
within its jurisdiction as it may deem necessary to indicate and
carry out the provisions of article 6701d, local traffic ordinances
or to regulate, warn or guide traffic, and finds that the placement
of such signs and other traffic control devices within the Town is
in the best interests of the health, safety and welfare of the
members of the public; and
WHEREAS, the Town is authorized pursuant to section 2(d) of
article 670ld-11, V.T.C.S., 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
Town; and
WHEREAS, the Town is authorized pursuant to article 6701d-12,
V.T.C.S., as amended, to prescribe by order or ordinance reasonable
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rules and regulations governing the operation of vehicles used to
transport ready mixed concrete over the streets of the Town; and
WHEREAS, the Town Council has heretofore adopted Ordinance
Nos. 85-07, 88-06 and 88-10 relating to speed of motor vehicles,
Ordinance Nos. 85-08, 86-08 and 88-08 relating to stop signs and
other traffic control devices, Ordinance No. 85-21 relating to
impaired vision on streets, Ordinance Nos. 86-09, 88-23, 88-26 and
92-02 relating to parking on public streets, and Ordinance No. 87-
03 relating to overweight vehicles on public streets, and it is the
intent of the Council, by the adoption of this ordinance, to
combine the said Ordinances herein without effecting a substantive
change in the law; and
WHEREAS, the Town Council hereby finds that the adoption of
this Ordinance is 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. Incorporation of Preamble. That the above and
foregoing preamble is true and correct and is incorporated herein
as if copied herein in its entirety.
Section 2. Definitions.
When used in this Ordinance, the following words and phrases
shall have the respective meanings ascribed to them:
A. "Vehicle" means 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.
B. "Motor Vehicle" means every vehicle, as herein defined,
which is self-propelled.
C. "Commercial motor vehicle" means any motor vehicle other
than a motorcycle, designed or used for the transportation of
property, including every vehicle used for delivery purposes.
D. "Truck -tractors" means 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.
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E. "Trailer" means 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.
F. "Semi -trailer" means 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.
G. "Street" means every street, road and alley within the
Town of Trophy Club, Texas exclusive of state highways within the
Town.
H. "Chief" or "Chief of Police" means the Chief of Police of
the Town.
Section 3. Speed of Vehicles.
A. Maximum speed.
(1) Except as provided by Section 3.B. of this Ordinance, no
person shall drive a vehicle on a street or highway within the Town
at a speed greater than is reasonable and prudent under the
circumstances then existing.
(2) The maximum rate of speed on all of the streets, roads
and highways within the corporate limits of the Town shall be
thirty (30) miles per hour, except in designated school zones as
provided herein.
B. School Zones. The following areas, streets or portions
thereof shall be designated special speed zones and it shall be
unlawful for any person to drive any vehicle thereon at a speed
greater than twenty (20) miles per hour during the designated
times:
(a) on Village Trail Road from the 0 block to the 200 block,
between the hours of 7:00 a.m. and 9:00 p.m. seven (7)
days a week, Sunday through Saturday.
C. Signs. Speed limit and school zone signs in conformity
with the manual and specifications for uniform traffic control
devices as adopted by the State Highway Commission shall be and
hereby are directed to be erected at the appropriate locations as
determined by the Chief of Police.
Section 4. Traffic Control Devices.
A. Stop Signs. Stop signs shall be erected at the following
intersections and such intersections are hereby designated as stop
intersections. Every driver of a vehicle approaching a stop
intersection shall stop before entering the crosswalk on the near
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side of the intersection or, in the event there is no crosswalk,
shall stop at a clearly marked stop line, but if none, then at the
point nearest the intersecting roadway where the driver has a view
of the approaching traffic on the intersecting roadway before
entering the intersection, except when directed to proceed by a
police officer or traffic control signal. The stop intersections
and locations of stop signs shall be as follows:
(1) At the corner of every street or court intersecting with
and entering onto Trophy Club Drive, with the exception
of the intersection of Trophy Club Drive and Indian Creek
Drive.
(2) At the corner of every street or court intersecting with
and entering onto Indian Creek Drive.
(3) At the southeast corner of the intersection of Indian
Creek Drive and Trophy Club Drive.
(4) At the corner of every street or court intersecting with
and entering onto Village Trail Drive.
(5) At the northwest corner of the intersection of Trophy
Club Drive and State Highway 114 facing north on Trophy
Club Drive.
(6) At the northwest corner of the intersection of Trophy
Lake Drive and State Highway 114 facing north on Trophy
Lake Drive.
(7) At the northeast corner of the intersection of Indian
Creek Drive and Trophy Wood Drive facing east on Indian
Creek Drive.
(8) At the southwest corner of the intersection of Indian
Creek Drive and Trophy Wood Drive facing west on Indian
Creek Drive.
(9) At the southeast corner of the intersection of Indian
Creek Drive and Trophy Wood Drive facing south on Trophy
Wood Drive.
(10) At the northeast corner of the intersection of Inverness
Drive and Forest Hill Drive facing east on Inverness
Drive.
(11) At the northeast corner of the intersection of Phoenix
Drive and Pebble Beach Drive facing east on Phoenix
Drive.
(12) At the northeast corner of the intersection of Carnoustie
Drive and Oakmont Drive facing east on Carnoustie Drive.
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(13) At the northwest corner of the intersection of Seminole
Drive and Fresh Meadow Drive facing north on Seminole
Drive.
B. Uniformity of traffic control devices.;conformance to
manual. All traffic -control devices including signs, signals and
markings (pavement and/or curb) installed or used for the purpose
of directing and controlling traffic within the Town shall conform
with the Texas Manual on Uniform Traffic Control Devices for
Streets and Highways adopted by the State Highway Commission (the
"Manual"). As required by article 6701d, section 31, V.T.C.S., as
amended, all signs, signals and markings erected or used by the
Town shall be uniform and be located so far as practicable
according to the directions shown in the Manual throughout the
Town.
C. obedience to. The driver of any vehicle shall obey the
instructions of any official traffic -control device, sign, signal
or marking applicable thereto placed in accordance with this
ordinance or other traffic ordinances of the Town, unless otherwise
directed by a police officer, subject to the exceptions herein
granted the driver of an authorized emergency vehicle.
D. Exceptions as to authorized emergency vehicles.
(1) The driver of an authorized
term "authorized emergency vehicle" is
responding to an emergency call or when
or suspected violator of the law, or
upon returning from a fire alarm, may
forth in this section, but subject to t
and subject to other applicable ordina
emergency vehicle, as the
defined by State law, when
in the pursuit of an actual
when responding to but not
exercise the privilege set
,he conditions herein stated
nces of the Town.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of
this or any other ordinance of the Town;
(b) Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for
safe operation;
(c) Exceed the prima facie speed limits so long as he
does not endanger life or property;
(d) Disregard regulations governing direction of
movement or turning in specified directions.
(3) The exemptions herein granted to an authorized emergency
vehicle shall apply only when the driver of any such vehicle in
motion sounds an audible signal by bell, siren, or exhaust whistle
as may be reasonably necessary, and when the vehicle is equipped
with at least one lighted lamp displaying a red light visible under
normal atmospheric conditions from a distance of at least five
hundred (500) feet to the front of such vehicle, except that an
authorized emergency vehicle operated as a police vehicle need not
be equipped with or display a red light from in front of the
vehicle.
E. Display of unauthorized devices.
(1) No person shall place, maintain, or display upon or in
view of any highway, street or alley any unauthorized sign, signal,
marking, or device, whether one or more which purports to be or is
an imitation of or resembles an official traffic -control device or
railroad sign or signal, or which attempts to direct the movement
of traffic, or which hides from view or interferes with the
effectiveness of any official traffic control device or any
railroad sign or signal.
(2) No person shall place or maintain nor shall any public
authority permit upon any highway, street or alley any traffic sign
or signal bearing thereon any commercial advertising.
(3) This subsection E. shall not be deemed to prohibit the
erection upon private property adjacent to highways, streets or
alleys of signs giving useful directional information and of a type
that cannot be mistaken for official signs.
(4) Every such prohibited sign, signal or marking is hereby
declared to be a public nuisance, and the Chief of Police or his
authorized representative is hereby empowered to remove the same or
cause it to be moved without notice.
F. Interference with. No person shall without lawful
authority attempt to or in fact alter, deface, injure, knock down
or remove any official traffic -control device, sign or signal or
any railroad sign or signal or any inscription, shield, or insignia
thereon, or any part thereof.
G. Manual operation by school crossing guards.
(1) The school crossing guards officially designated by the
Chief of Police are hereby invested with the authority to manually
operate traffic -control signals, pursuant to Article 6701.d, section
18(b), by which traffic is alternately directed to stop and
permitted to proceed.
(2) It shall be unlawful for any person to wilfully fail or
refuse to comply with a traffic -control signal operated by a school
crossing guard.
H. Installation and maintenance ctenerally. The Chief of
Police, or a person under the direct supervision and authority of
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the Chief of Police, shall place and maintain traffic control
signs, signals and devices when and as required under this
Ordinance or other traffic ordinances of this Town to make
effective the provisions of this Ordinance or other ordinances, and
may place and maintain such additional traffic control devices as
he may deem necessary to regulate traffic under this Ordinance or
other traffic ordinances of this Town or under state law, or to
guide or warn traffic.
I. Same -Evidence of authority. It being unlawful for any
person other than the Chief of Police, or a person acting under his
supervision and control and pursuant to an ordinance of the Town,
to install or cause to be installed any signal, sign or device
purporting to direct the use of the streets or the activities on
those streets of pedestrians, vehicles, motor vehicles, or animals,
proof, in any prosecution for a violation of this ordinance or any
traffic Ordinance of the Town, that any traffic -control device,
sign, signal or marking was actually in place on any street shall
constitute prima facie evidence that the same was installed by the
Chief of Police or under his authority and supervision pursuant to
the authority of this Ordinance or of another Ordinance directing
the installation of such device, signal or marking.
Section 5. Uniform Manual. All stop signs and other traffic
control devices shall be constructed, placed and installed so as to
conform to the manual and specifications for uniform traffic
control devices as adopted by the State Highway Commission.
Section 6. Impairing Visibility.
A. Prohibition. No object or combination of objects,
including but not limited to any structure, fence, wall, screen,
hedge, tree, bush, shrub, billboard or mound of earth, terrace,
bank or barrier shall be erected, placed, planted or maintained on
any corner lot in such a manner as to create a traffic hazard by
obstructing the view of the drivers of motor vehicles using the
streets adjacent thereto.
B. Exceptions. Natural existing terrain which cannot be
removed by reasonable landscaping techniques, including retaining
walls constructed below or at the same grade line of such natural
existing terrain, shall be excluded from the objects otherwise
prohibited as stated within Section 6.A.
C. Presumption. An object, or combination of objects,
erected, placed, planted or maintained on a corner lot or parkway
adjacent thereto so as to interfere with the visual line of sight
at an elevation between two and one-half (2-1/2) feet above the top
of the adjacent roadway curb and eight (8) feet above the top of
the adjacent street curb, or if there is no curb then from the
average street grade, within a triangular area formed by the
intersection of the adjacent street curb lines and a point on each
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such right-of-way line thirty-five (35) feet from the intersection,
shall be prima facie evidence that said object, or combination of
objects, so erected, placed, planted or maintained is an
obstruction constituting a traffic hazard.
D. visibility. That the triangular area of visibility as
provided herein is further described and depicted by the drawing
below:
center line of street
Street curb line
No vision
Obstruction above
2-1/2' nor less than
8' above grade of street curb
E. Removal. Any object, or combination of objects, placed,
erected, planted or maintained in violation of this Ordinance,
shall be removed upon written notice by certified mail from the
Chief of Police or his representative, to the owner, agent or
occupant of the premises where such obstruction has been erected,
placed, planted or maintained.
Section 7. Parking.
A. Definitions. For purposes of this Section 6., the terms
below shall mean as follows:
(1) "Stand" or "park" means the halting of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and
while actually engaged in receiving or discharging passengers.
(2) "Recreational vehicle" means self-propelled living
quarters equipped or used for sleeping and eating which may be
moved from one location to another over a public street.
(3) "Approved paved surface" means a surface on which off-
street parking is permitted as authorized by and set forth in the
Town Comprehensive Zoning Ordinance and other'app1icable ordinances
of the Town.
B. Parking of Vehicles - Prohibited. It shall be unlawful
for any person to leave, park or stand a motor vehicle, mobile
home, motor home, recreational vehicle, trailer or boat upon the
following portions of the specified public streets located within
the Town:
(1) Indian Creek Drive between its intersection with Trophy
Club Drive and Heritage Court;
C=
(2) Along the south bound and west bound lanes of Indian
Creek Drive between Timberline Drive and Hillcrest Court;
(3) Trophy Club between its intersection with State Highway
114 and Avenue Twenty; provided, however, that there
shall be excluded from this portion of the public street
that area which lies between median number two and median
number three along Trophy Club Drive and adjacent to the
Town information/map sign (the said area being located
approximately one-fourth mile from the intersection of
Trophy Club Drive and State Highway 114), and which area
is designated and marked by striping or otherwise as a
parking area where vehicles may park, stop or stand for
no more than five (5) minutes for the purpose of
reviewing the said information/map sign;
(4) Trophy Lake Drive;
(5) Along the south side of the entire length of Fairway
Village Drive.
(6) Along the south side of the entire length of Summit Cove
Drive.
C. Parkingon Unapproved Surface. A person commits an
offense if he stops, stands or parks a motor vehicle on a lot,
unless the vehicle is on an approved paved surface.
D. Exception for Emergency Vehicles. All emergency vehicles
shall be exempt from the restrictions as set forth in subsections
7. B. and 7. C. hereof . Emergency vehicles shall include ambulances,
fire trucks and equipment, police vehicles and all governmental
vehicles used for necessary governmental purposes.
E. Overnight Parking.
(1) Prohibition. It means it shall be unlawful for any
person to stand or park any motor vehicle, trailer, mobile home,
motor home or boat along or upon any public highway, street, alley
or other public right-of-way located within the Town between the
hours of 3 a.m. and 5 a.m. each day. This prohibition shall not be
applicable to any motor vehicle which is being used for emergency
purposes, to the operation of any motor vehicle being used as a
utility company for repair purposes, or to any governmental vehicle
being used for necessary governmental purposes.
(2) Authority to Park with Permit• Out -of -Town Guests.
Any person who desires to stand or park a vehicle upon a public
highway, street, alley or other public right-of-way between the
hours of 3 a.m. and 5 a.m. may purchase a permit authorizing the
same from the Permit Department, provided there are four (4) or
more vehicles in the household of the person requesting the permit.
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One permit shall be issued for each vehicle for which a permit is
requested, which permit shall be permanently affixed to the left
side of the back (rear) window so that it is plainly visible to a
person standing outside of the vehicle, or if there is no back
(rear) window, in a place where the said permit is plainly visible.
Permits shall be issued on a calendar year basis so that they shall
expire on December 31 of the year of issuance. A fee of fifty
dollars ($50.00) per vehicle shall be charged for the issuance of
a permit; provided, however, that a fee of $40.00 shall be charged
for a permit issued between April 1 and June 30, and a fee of
$30.00 shall be charged for any permit issued thereafter through
December 31.
It shall not be a violation of this Ordinance for a non-
resident of the Town, while visiting a resident of the Town, to
park or stand a vehicle owned or controlled by the non-resident on
a public street, highway or other public right-of-way between the
hours of 3 a.m. and 5 a.m., provided that notice of such parking or
standing is given to the Chief of Police or the Permit Department
by no later than 5 p.m. of the immediately previous day. Such
parking or standing shall not exceed seven (7) consecutive days nor
a total of fourteen (14) days in any one calendar month.
Any vehicle parked as permitted by this section shall be
parked directly in front of the residence being visited in such a
manner as not to obstruct access to the private driveways of
neighboring residents.
F. Presumption. It is presumed that the registered owner of
an unattended or unoccupied vehicle parked, stopped or standing in
violation of this Ordinance illegally parked such vehicle. The
records of the State Highway Department or the County Highway
License Department showing the name of the person to whom the State
highway license was issued is prima facie evidence of ownership by
the named individual.
Section 8. Overweight „Vehicles.
A. Weights and Loads of Vehicles; Special Permits.
(1) Prohibition. 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
Section 8, or transport thereon any load or loads exceeding the
weight prescribed in this Section 8.
(2) Permit; Fee. 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
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cannot be reasonably dismantled.
A permit fee of $50.00 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 Permit Department 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.
B. Weight of load.
(1) 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:
(a) 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 (LN + 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 (3 6) feet or more; provided that such
overall gross weight may not exceed eighty thousand
(80,000) pounds, including all enforcement tolerances.
(b) 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 Town street and using high-pressure tires,
and a greater weight than six hundred and fifty (650)
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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.
(c) In this subsection, 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.
(2) 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 C.(1) of this Section 8. 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 C.(2) 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.
(3) The load limits established by this subsection C shall be
posted by appropriate signs within the Town by the Chief of Police
or his designated representative prior to the enforcement of any of
the provisions hereof.
C. Application for registration to show weight and maximum
load; license_ receipt; penalty 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 section 8, the Permit Department
may, as an alternative to any other procedure authorized by law,
upon application issue a permit for the movement of such vehicle,
when the Permit Department is of the opinion that the same may be
moved without material damage to the street or road.
Upon application for a permit for any commercial motor
vehicle, truck -tractor, trailer or semi -trailer, the applicant
shall deliver to the Permit Department 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 Permit
Department. The permit issued to the applicant shall also show the
total gross weight for which said vehicle is registered. A copy of
said receipt shall be carried at all times on any such vehicle
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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 Chief of Police shall formulate rules and regulations
regarding 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 Chief of Police may deem
necessary to carry out the provisions of this Section. The failure
of an owner or his representative to comply with any rule or
regulation of the Chief of Police 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 is 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 streets 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
occasioned 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:
(1) The Town's investment in its streets;
(2) The safety and convenience of the general traveling
public;
(3) The suitability of roadways and sub --grades on the
streets, variation in soil grade and the seasonal effect
on street load capacity.
D. Liability. The issuance of a permit for an overweight
movement shall not be a guarantee by the Town that the streets can
safely accommodate 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.
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E. 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), as amended, 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 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.
F. Wei ht of vehicles -transloortincr 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 $15,000 for each
vehicle, said bond to be conditioned that the owner of such vehicle
will pay to the Town of Trophy Club, within the limit of such bond,
all damages done to the Town streets by reason of the operation of
such vehicle with a tandem axle load in excess of 34,000 pounds;
such bond shall be subject to the approval of the Town Council.
G. Weighing loaded vehicles by police officers. Any police
officer having reason to believe that the gross weight or axle load
of a loaded motor vehicle is unlawful, is authorized to weigh the
same by means of portable or stationary scales furnished or
approved by the Texas Department of Public Safety, or cause the
same to be weighed by any public weigher, and to require that such
vehicle be driven to the nearest available scales for the purpose
of weighing. In the event the gross weight of such vehicle is
found to exceed the maximum gross weight authorized by law, plus a
tolerance allowance of five percent (5$) of the gross weight
authorized by law, such police 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
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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 the 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 Permit
Department 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 9. Savings; Repealer. That this Ordinance shall be
cumulative of all other ordinances of the Town affecting fences and
shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance; provided, however,
that Ordinance Nos. 85-07, 85-08, 85-21, 86-08, 86-09, 87-03, 88-
06, 88-10, 88-23, 88-26 and 92-02 are hereby repealed in their
entirety, but provided that any complaint, action, cause of action
or claim which prior to the effective date of this Ordinance has
been initiated or has arisen under or pursuant to the said repealed
Ordinances Nos. 85-07, 85-08, 85-21, 86-08, 86-09, 87-03, 88-06,
88-10, 88-23, 88-26 and 92-02 shall continue to be governed by the
provisions of those Ordinances and for that purpose those
Ordinances shall be deemed to remain and continue in full force and
effect.
Section 10. Severability, If any section, article,
paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereto, 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 this
Ordinance; and the Town Council hereby declares it would have
passed such remaining portions of the Ordinance despite such
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invalidity, which remaining portions shall remain in full force and
effect.
Section 11. 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 of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more
than Five Hundred Dollars ($500.00), and a separate offense shall
be deemed committed upon each day during or on which a violation
occurs or continues.
Section 12. Effective Date. This Ordinance shall become
effective from and after its date of passage and publication as
required by law.
PASSED AND APPROVED by the Town G uncil of the Town of Trophy
Club, Texas this the f _��day of I 1992.
Mair, Town of Vt Club, Texas
ATTEST:
Town Secre y, 61
Town of Tro by Club, Texas
[SEAL]
Town or •Tropay 41un, Texas
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