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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. oosnj —9— 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. 0060) -3- (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 006Dj ME 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 oosoj -5- 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. ooraj -s- 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 0060) -7-