The URL can be used to link to this page

Home My WebLink AboutOrdinance 0144 (Ö{L, ~- .<\1:1 ORDINANCE REGtJLl\.TING THE (jD:gf<1lTION OF C0M14ERCfI&J..z " MOTOR \lg.HIC LED ON THE PUBLIC STREETSr DEFINING ~rBRMS t REQUIRING CO:Mt<'lERCIß),L HOTOR VEHICLES IN INTER-CITY TRA'lEL TO BE OP1SRATED ONLY ON TRUCI< RC~UTES; REQUIR- ING CON-HERCIAL .HOTOR ~lEHIeLES {'lITH POINTS CH? ORIGIN o.R DESTINATION INSIDE THE CITY TO BE OPEH..Ævr:eD ONLIY ON TBJJ(:;K ROUTES OR COl4IÆERCIAL DBLI\fERYROUTBS; PRO~'~~"> VIDINC; EXCE1?TIONS r DESI{3:NlvT'INC+ C~~>TA~N STRE]£pS. AS ~ TRUCK PJ.::nrrES OR COÞlf4.ERCI)\L DELIVJ£l<Y HOUTES 1 .ÚUTBOR- ~ /' , I?y~;r(:". ~tT{:i' rr'''Gl~.WWI~ t.~'t.\1(~7·\I1?WR "rO "i:,'pr;¡'('!rp Ar:qyqA·Þ¡:rt.¿'l's·¡:;' ;;.:.;.z< f\~" '\. ", V' '<""O;...:1~~.."~"...~ ......,r~ ..1..I:"~";':'k M ' '\.:....- ...,.~l~.....:,,(k_l; ~~ .h~.y- ~:J""'''''''''~',o"y.-M ...,,-/1;.$0.; ..:.._.::,_,Þ\v.~..:.--.."".o¡..-:x:.":·_h""....)....$ ~ ~ r4tŒH<ERS AND ¡ro DESIGN};TE TEHPORi\I·{"YROUTES; PRO- VIDI:NG A >1ÞJ(IMUH HIfXl'lH I HE IGE'T i LEN{TI'H ~ GHOSS hfEIGHrp i SINGLE A>LLB LOl,\f) j\ND TI~liD:gÞl AXLE LQZ~D FOR CO:tl1VtERCIl\L N.OTOR '-;lEHICl.E:S: PROVIDING 11 .Hà:XIN.t:a4 TZ\NDEt1 AXLE LOi1D, SINGL.E AXLE LOl\D }i¡}'iD GROSS L011.D :FOnVf<~HI CLES USED g:XCLUS IVEL Y TO TRlM;i$ PORT READY- MIX CONCRETE 1 EXEHPTING VEHICLES BEING OPEFtZ;':.1'ED UNDER STATE PEPJ"lIT~ EMERGENCY VI;;:8:ICLES, AND VEHICLES 01?1iŒü\TRD IN THE cor.<:Js'rRDc'rrON OR :MAINTENhNCE OF AITi ORDIlllí.NCE NO., 144 '2 -C{ ."'........ ..._~_. ~'" PUBLIC UTILITY: PROVIDING FOR SPECIAL PEH1'1ITS1 REQUIRING ;\ BOND;: SETTING FEES r PROHIBITING THE DROPPING OF P1NY VEHICLE CARGO ONTO THEPtJBLIC STREETS; PEOVIDlIiGPgNAIJPIES t Þi;\KING THIS ORDTNP.JS¡CE CUNUL.àTIV13 OF PRIOR ORDINZ).NCES~ RCPgA.LING· CONFLICT- ING ORDTNANCESr PPDVIDING A SEVERl1BILIT'Y CLl\USE7 DECLitRING 'mE ENl<....ORCEl1ENT HEngOF TO BE GOVERNT4ENTAL r PROVIDING FOR INJUNCTIONS; X\ND DECLARING AN ßNERGENCY l\ND PHESCJlIBING AN EPFECTIVE DATE '" BE IT ORD11.I11ßD B~::t ~rHIS CI~£ counCIL OF' THE crry OF NORTH RICHLàND HrLLS t TEX..?\S: SECTION 1.. DEFIIIITI0NS ~ The follovlinq words .0.ud ph.rases, when uSêd in this ordinanC¡2 shall for tJ1e pU.rPOS0 of this orélinance, ha9'0 the meanin9'S .respectively ascribed tø them in this section ôs føl1o%<JfH HVehicle!! Every mechanical device,¡- in; upt)nJ or by which any person· ..orFjroper t Y' or ma.y be trans}?C<rted or drF.nðr1 Uþ'Jfl a public higtFtlaY.t including motor vehicles, commercial rnotor vehicles, truck tractors$ trailers! and s¡2mi-trailersj severaLly a.s her¡2inafter def:ined¡ but exceptin';]' dhEt'',,;/'icesrooved by human :!?Ower or llseð exclusivelyupøn s"ta.tionaxy rails or tracks ~ 1!f4ot,or VehicleH E'v'er'~::/ vehicle, as he.rein def,ined,t which is self-propelled ., !¡Commercial }<'lotor VehicleB.. /\n:?:~ mct.{),r \rel1,i.c-le å€Lsi';]'net1 ,,).r tls:e~:J f"ør thet.ransportation øf propert~{ t not. incllldin<g a. passengex hUH, passengør a.u.tomobilel motorcycleì panel ðelivery" truck or piCkul) truck.. ~k·.rruck~Tract.ors tî ... Eh,rerymot:o.r vehicle d£~$ign$d or l1se(~¡ prima.rily for drav.rin'1 other vehicles and not S0 const:n.1cted a$to ça.rry a load other than a part of t.he "ti10ight of the vehicle and load so d.ra~4:n .. l*Trai ler N ... Every vehicle 'tßithout motive pç:~ver des.igned or useð fO.r carrying prop<2rty or f88servTers wholl:,/" on its OWh structure and to be drtFdfl by a motoX' vehicle.,. ~·Semi-T.railerH ,., vehicle (Lf thøtxailer type so designed oruscd in conjunction 'itli th a motc¡r vehicle t,hat t~ome part of Lti::j own ~,¥eight and that of its cy..ln load rests upon or is carried by anoth(~r motor \téhicle... Hl-1obile Home I! .. Z'h 1 i '>/"inq quarters equipped and ll.sed for sleeping ,~nd eatinq vrhich may b¡B moved from one location to another over a pu..blic street be be.inq .pulled behind a motor '181'1ic10" HPole Tra:tlGrH.. EV'eryvehicl(;~ 'ivi thou t motive P()'iA"(:::3X des:Lgne,6 to be drawn by another vehicle and attached to the t()~'lin;:J v$~hicle by-means of ð reðchj or pole! or b'Y l)e.ing l:.K)omed; or otherw'ise secured to the to\<Jinq ~<>ì'ehicleJ anc1 ordinaril'Y used for traneport- i.ng lonq or irre<Jula.1'ly shaped loads tH1Ch as polest pl.pesJ c<r r~tructural mGmbers capable; qenerally, of sustaining themselves as bGaw$ hebJl¡2cn t.he 8upportin.g connections,., SECTION 2.. tIc pf:rson shall operate or cause to be o.f®rateð any commercial motor ~y'<ehiclej truck-tr~iiler, t.railer 1 semi-txailør 1 or any combination thereof through H:Llls in inter-city travel, \4·i.thout ;~ local dest,ination or po.int of orig-inj except, u?~)n such st.reet:s as arG dt%:iiqnated as HT.rt,lc'k RonteeH by this ordina.nce., SECTION 3,. Þ;,.. Except as otherwise p.1'ovidèd herein1 no person shall operate or caus eto be operated upon any public street "<;tli Chi t1 the corporate lirnits of the City of North Richla.nd Hills any comnvarical motor vehicle; truck-tractor, t.raileX'1 senti-trailer 0.1' any co\xlbination thereof except on such strøet, or streets as are dGsi:::]nated as either Truck Routes or CCHnwÆ~rci;::11 Delivery HoutêS by this ordi- nance: 8ì:tch vehicles shall :oe ope.rated on a Truck Rout.e wherevEn: reasonably practic¿tble r t,hey shall be operat,ed on ;~ Commerci al Delivery Route only when .it is not reasonably practicable to use a rJlruck Route to fulfIll the pu.1'FíOse for wh:ich such vehicl€j is thCh being op-era.ted.. B- ~ E}[CJi: p;r IOì1S ~rhê pro~.risic.H1f.i of this section shall pot apply: (1) to a 'v'ehicle t,ravell:iúg to or from a trux~k.texm.inalt garage, place of repair .À. - -.- J place of pe.rforrning a service, or a place <::d:: loading or unloadin~Jf over the shortest practicabl(~ route to a point; on a f"fruck. Route or Cörmnerei.a.l Delivery Router any such vêhicle shall be .petTüitt:edto proceed from onG sQ,ch :fX2int hot on a T~ruckRoute or Comme.rcial Delivery Route to another such 'point ~"Jithot1t .:returning to a Truert Route or a Commercial Delivery ROlltê if to so retu.rn "\40uld t,¡nreasonably inçreas;t::::the distance to betravel1êd bet~4een such points ~ the ôper atoX' n c)f any st¡ch <;lehicl(~$ shall carry evidence t.o the location of its last øt.op anð of its immediate destinat:ton in order f.orthis exc 0rptl 0 n b;:-) iJ. pp1.:i' 't {2} to emergency vehic 10m operatin<j in response to any em.ergency calli (3) to vehic1eso.perated by a pubLic utlli ty ';,>¡11i10 cruisin:g in an . ~ asslgneG area forth0 .purpose of in:Jp6ctinq the facilities of said public utility and/or providinq maintenanC$ mcrviceto said facilitie:J.. 4- ~. ~ /~« The- foJ~l-O\~lin~J streetJ3 aú(1- .pa.!Ets of sft.l~eets G.re (~les:i-(jn¿l'ted ¡~Truck Routes H under thi B ord;inancG: t{{ilViJE _ .Q~¡T _S~:rI{J!Etr S &r"'-'."'... ....w.w.·"mw.w..~.._.~..~_ LIHrrs ..4~wAeLt::. '1ÕTAt.- ~e()$:$ lœ.u~+l \' f- ''''' tT~_ Inter-State Loop H20 'ilatauga Jiii:c.d ~ Stato Highway 121 Ru:te SnOVJ Dri \te State :Farm H:b:;hway 1938 W:lthin Oi t:y Limits Rt¡fe SnOt;,¡to :F ...14.. 1938 kJithin City Lim.its hfatauga Road to Loop Mithin City Limits "12.$.~ Ib:;; ~ooo ., "l' a ~ OOß .. 4Q, ~.f '1 z., .C>öö II; ) B.. The fol1c:n,qing streets andpzlrts of $tr0etø are desiqna.ted as uCommerc.ial Dcli'<70ry Routes!! under this ôxdin,BtlCe: r¡lil:l]E. ():F SrrRE-I~TS LIN.rT$ Bedford-Kulesa Roatj Richla rtd Plaza Glenvle'<,1' Dri VB Ruf ø Snow DrI "çre élain St.re'í:t Precinct Line Road Highway 121 to t. City Li.nÜts Highvn&y 121 t~o Broadway Ei.ghtvay 121 West to City LimIts tli'-]h,,~'t¿i:l 121 North to City Limits Smithfield Road tot' ..I<~ 193B Hiqllvla~y 121 t'¥o.rthtö City .L.imi t.S C.. "fh€ Street and In$péctioD.s Supervisor shal.l erect. ap1'ro- priate ¡;~:tgns and n\arkings t.C} desiqnatGthe ~:rruck NOtlté$ an.d Comme.rcial Delivery Routes d.escribed he.rein", D. Whenever any street designated as a Truck Route. or Commer- cial Delivery Route is being repaired. or is other"ftJ'isetemporarily out of use, the S'treet and Inspections Supervisor is hereby authorized to d.esignate alternate Truck Routes and Commercial Delivery Routes for such period as might be necessary", SECTION 5.. A. Except as otherwise provided herein" it shall be unlav¡ful and a violation of this ordinance for any person to d.rivel operate or move, and/or to cause or permit to be driven, operated or moved, on any public street within the corpo.rate limits of the Ci'ty of North Richland Hills, any commercial motor vehicle with or without loadz contrary to any of the regulations contained in this section", B... (I) No commercial motor vehicle shall exceed a total outside widthz. including any load thereon, of ninety-six inches (96") t except that the width of a farretractor shall not exceed nine feet (gt) and that the limitations as to size of a vehicle stated in this section shall not apply to implements of husbandry" machineryjused solely for the purpose of clrilling Tsi<later.wells.f or to highway or building or maintenance machinery owned. or operated by or on behalf of the State of Texas or any of i·ts political subdivisions or the City of North Rich- land Hills.. (2) No commercial motor veh.icle unladen or with load shall exceed a height of thirteen feet, six inches (13 f 611) including load. (3) No commercial motor vehicle, truck-tractor, trailer or semi-trailer shall exceed a length of forty (40) feet, ex- cept i·t shall be lawful for refrigeration equipment installed in a trailer or semi-t.raileJ::' for the purpose of refrigerating the cargo thereof to overhang the front of such vehicle.t even though such overhang vJould make the total length of such vehicle more than forty (40) feetr when any suchtruck.-tractor and semi- trailer are operated in combination no such combination of a truck-tractor and semi-trailer coupled togethe.!.~ shall exceed a total length of fifty-five (55) feet¡ and when operated in any other combination of such vehicles coupled together including but not limited to a truck and semi-t~le.r, truck and trailer 3 truck-tractor and semi-trailer and. trailer, or truck-tractor and two trailers~ then no such other combination of such vehicles coupled together shall exceed a length of sixty-five (65) feetT provided, howeverl that the provisions of this subsection shall not apply to any disabled vehicle being tovJed by another vehicle to an inta}:;:e place for .repairs rand p.rovided further t that the above limitations shall not apply to any mobile home or to any combination of a mobile home and a motor vehicle" but no mobile home and motor vehicle combination shall exceed a total length of fifty-five (55) feet. (4) No vehicle or combination of vehiclesz except pole trailersof shall carry any load extending more than three feet (3 ¡) beyond the front thereof" nor more than four feet (4$) be- yong the rear thereof .< C. No commercial motor vehicleø truck-tractor¡ trailer, semi- traile.r nor combination of such vehie les shall be ope.rated or caused ox' permitted to be operated upon any Truck Route \olithin the corporate limits of the City of North Richland Hills having a weight in excess of anyone or more of the following limitations: (1) In no event shall the total gross \veight with load;t ~o.~..~ ~-.~~.¡<.~ of any vehicle or combination of vehiclesA/$XCeed seventy-two '5~~~hOU$a~¡;:~?~að;~~ ~,,~~~Tt '~I ~ ~ Þ:K. ~.~... .v.. ~'. .'" (2) .1ÑO axle shah carlêY......a.....lo.ad.in excess 0. f.dght...e.en d.f~d ~~.} ~.~ ~~~ ~~ò ~~ dØ ~~M~v ~ ~thousanà (18, (00) pounds. )).n. axle 'toad shall b$ aefin$d as the total load transmi·tted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (401l) apart" extending across the full width of the vehicle. (3) The total gr08 s weight concentrated on the higt1Vlay surface from any tandem axle group shall not exceed thirty-two thousand (32:000) pounds for each such tandem axle group. Tandem axle group is d.efined to be two (2) or more axles spaced forty inches (40°) or more apart from center to center having at least. one (1) common point of weight suspension. (4) Vehicles used exclusively to transport ready-mix concrete may be operated upon the public streets of the City of North Richlanà Hills with a tandem axle lo,~d not to exceed thirty-six ·thousand (36,000) pounds, a single axle load not to exceed ·twelve thousand (l2,000) pounds and a gross load not to exceed forty-eight ·thousand (48,OOO) pounds, but shall use the most direct route ·to the site of construction. D.. The provisions of this section shall not apply to: (1) Any person operating or causing to be operated a moto.r vehicle under a valid and suhsisting permit for the opera- tion of overweight or oversize equipment for the transportation of such commodities as cannot be reasonably dismantled issued by ,the State Highway Department under t.Ì1e provisions of Article 6701a of the Revised Civil Stat.utes of Texas as said article now exists or might from time to time be amendedr (2) Emergency vehicles operating in response to any emergency call¡ (3) Vehicles o,perated for the purpose of constructing or maintaining any public utility in the City of North Richlanà Bills.. E.. (1) Upon wri tten application timely made by any person or corpo.ration whic'h.¡j,esixes or cause to be operated on the public streets within the corporate limits of the City of North Richland Hills1 Texas,;!' overweight or oversize equipment for thetranspo,rtation of such commodities a.scannot be reasonably dismantled." where the total gross weight or size of the vehicle and its load exceed the limits allowed by this section" the Police Department after consult:ing wi ttl the Public ~'¡ork.s Depart- ment,;!' shall issue a permit for the operation of such equipment or fleets of equipment fox a specified}?eriod of timet ove.r a route or routes to be designated by the Public Works Department if such routes can be determined at the time application for the permit is made... (2) The application for the permit provided for in this section shall be in writing and. contain the following: (a) The kind of equipment to be operated1 with a complet.e descri ption of same a.nd a statfHilent. as to its tdci.ght ., (b; The kind commodity to be transported and a certificate as t.o its v¡eight~ (c) ~.r.h0'; street or st,reot::s over \.¡hich the said equipment is to he opeJ:atodt a.nd the datf& or dates and thø approxi- mate time of ø;jd..d operation.. and the number of trips to be madot exeept \,:rh.entrlo natnret rout,e1 time or freqtlency of operation cannot be determined at thet.im¡8 t,De po.rrni t is .i s sued ., (d) The appl.ication shall he {lated and Diqned by" the ~:;¡f>P.l i cant .~ (?\ '\ ,.) ¡ Before a pertnit is issued under thi 8 soction¡ tIle arn:Ùi- cant for same shò.ll file \.¡ith the publ ic %~orks Department a D()nd in an. arw:n.1nt to be set and a.ppro~reð by tIle Publìc Wor}t:D Department .. The amou.nt of sudh 'bond shall not exceed the pro- duct of the number of vehicles for wrhich 0 permit. is sought. multiplied Ten Thousand and no,/lOO Dollars (:$-10,* 000.. OO}... Sô.id bond shall 'be payable to theCi.ty of North Eichland Hills and conditioúød that the a.pplìcant 14111 pay to the City of Nor thH..ichlan d lIs the sum money necessary to repa.ir any be or publiclY-O".?lned f ixtttr e a.:PPl.·Lt' tenant to Buch s 1.:reet by vir tUiD of ôI::Hf.<t'ðtiot1 of any commercial vehic tlnder said permit 0 \leDUo or any Duit for recovery u:¡çKJnsaid bond 1 be 1.n Tarrant COll n·tY1 Texa.s ¡ and any bond i her shall contain an unõ.wbi.çp,10ns contractua.l provision to t....:na.t. eff.ect", (4) 1\ fee shall be charged for e,*ch permit a.s fOllows;;; ;t5,. 00 for sinq letrip perrnit$ $10,.00 for periods not excðeding 30 days :$15",00 for pexiodø not exceedìng 60 aaV'$ $20",00 for periods not exceoding 90 da~ys $50~OO for periods not exceeding 1 y¢.ar The proper fee shall accompany each application fox permit and shall be made in cash or by cashier or cerLifìed check or postal money order.. Tht~ fee shall be returned if the apF~lica~ tìOfl is d en:ted,. (5:} A.ny permit is£nled hereunder shall include at least the fo 11.owi n)': (a.) The name of theapplicant¡ the date., a descript:ion of t:he ~?g:uilÃ"nE:nt to he opE:rated and a description (;f the commodity to 1:>0 transported., (b) The sii:Tnat-u:r.e of an aú.thorize.d memb?::;r of the Police Department and Public Works Depa.rtm.ent~ (c) The t,ime for which the permit is issued" (d) The s'p~ecifiedøtr0et or streets over which the eqtllpm.ent. is to be opexated,. in so far aø it can he dE:termined at the time the perm,i.t is issued,. SECTION 6.. It: shall be u.nlð\4ful for any person to opera.to or cause to be operated any (~ommercial W,{ytox' vehicle on a public street of t.he City of North Richland Hills in $uchmanner as to perw;it any p<>rtion of its C01:'g01 either liqu1d or solid? t,o fallout ofi '~'pi 11 from,? or 1>10\.} out Qf~ruêh 910.hic Ie '" SECT IOr<r 7.. .Any person, fi.rm, corporation or an:v a.gent or cmploye0the.reof ":ßho 1 he gu.ilty of a rnisclemeanor andl upon con\tictioD tJ)f::t'eof f sha.l1 be fined not t.o ø:x:ceed TYro Hundred and nO/lOO Dollars C~2CH).,OO) for each offeru~e,. .Bach day that a violation is permittE:d exist 3118.11 C()ìlst.ìtute a sepa.ratE: SECTIÙN ß", This ordi.nance shall be an.dLs hereby dec1ar00 to be cumulative of all other ()rdinan.ce8 of the City of Nort,h RichlamJ Hills providing for the regulation ofm.otor vehicles upon thú public streets? andtJ:11s ordinance shall not operate to repeal or affoct any of sudh other ordinances except insofa.r as the proviøions thereof mi'iht be inconsist0t1.t or in conflit~t v;rith the provi si.ons of thi.s ordinanc0, in \<rhich event such confl1ct1rl'j provisiQns.t if any, 1n øuch ot.her ord.ina.nce or ordinances art) hereby repealed.. SECTION 9., I:f ,U1,y sect.ion! sub$t~ctionJ sentence.t cIa use or phra.se ()f this ordinance is for any reason held to 'be !vU'lco¡)stitutional.. such holdin<:r $hal1 not af:fect validity of the remainirv; por- tionø of this ordinance.. and aLl of the remainÔer of this ordinance not so høldto be unconstitutional shall continue to be .in full force and effect.. SECTION 10., All ç;;f the .regulationsprovided in t.his ordinance a.re hereby declared to be governalental and for the heal tht" safety and welfare of the I)'eneral public.. Any City Officia.l or emp10yee charted \qith t:h{~ enforcement. of this ordinance! ð.ctin'3' for the City of North Hichland ttills :Ln the discharge of his duties} Sh,211 not thereby render l1irnself lY.$X$onally liablcJ and h(~ l.& hereby relieved from all persona.l liahilitYI for any damage that: mi(J"ht acct'ucto pE~r$c:n1s or property as Q, rt~$u1.t of ,;&ny act requlred or pe.:rmitted in the dischax>qe of his said duti.ef1., ·SE~:{r!:OI:¡ 11 ~:' The C.tty Secretary of the City of North R:í.chla.ndUills hereby dinæ>cted to = this pèJI\þhlet fQrm :is for gener.al d iatribution amon.g the pUblic f and this ord ina. l1C(:: as so rJtlbli8hË~d shall 1>0 admissible in evidence in all Courts v7itJ1()Ut fux ther procrf than the produc tion of said parnphlet.. SECTION 120< Any violation of this ordin.ance can be f.:lnjoined by a sui t filed in the name of. tbø C:J.ty' of :North Richland Hil in a C()urt of competent, Jurisdiction and this r.erned:l shall be in addi t ion to any pf~n;.¡l pro'viøion in this ordinance.. SBCTION 13., Thi s ordinance shall become l2f.feC'tJ.,\le from and after :L ts pa8sage and publication as required by law", prtESENTED l\.tID GIVEN FIRST liND rIILáL g82\DIFJG ON THE day of 19651 at. a rnoet.iüq of thf~ City Council of the City of No:rthR.ichland Hi 11s f T extv:¡ by a v() t e of ___._/370:3 hhn ' p.. 1>hT~rEST : r¿~it>et <J ~ Cl·ry(!te.r.s City Secretary 1~~PPR.OV1~;:D ~hS TC} FORf~ .l\r:1DLE:G;p~LJ:(or~{; ~lf Z>. ..... ..¡ /"; :,v 1',;\, ^::" ,:;. <:: ~"';" k ~'-A":k ,,&, <." ~ .. i ';'<;:. û ,;;¡,~, y Cit.1''' Attorney _naYH.~ '" '':-': Hunter, , Playor LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appear:edN1 ta Thurman known to me to be a credible person, who first being sworn, deposed and upon her oath said: Th t h . tBookkeeper f th. M1d 01 t1es News Tex«l a s e IS lie 0 e , a newspaper which has been regularly and continuously published and of general circulatioh-in the City/Town of Hur st , for a period of more than one year next preceding the first publication of the attached Le~a1 Not1ce and that he caused said notice to be published in said newspaper on the following date/so 12-19-65 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said M1d 01 t1es Da1ly News TexAn ,?~~ ( Sworn to and subscribed before me, this the~day of.J2!2,. l~Q..A. County , ATTACH LEGAL COPY HERE ORDINANCE NO. 144 AN ORDINANCE REGULATING THE OPERATION OF COM- MERCIAL MOTOR VEHICLES ON THE PUBLIC STREETS; DEFINING TERMS, REQUm- ING COMMERCIAL MO'J'PR VEHICLES '.' IN INTER-Ctry TRAVEL TO BE OPERATED ONLY ON TRUCK ROUTES, REQUmING COMMERC IA L MOTOR VEHICLES WIT H POINTS OF ORIGIN OR DES- TINATION INSIDE THE CITY TO BE OPERATED ONLY ON TRUCK ROUTES OR COM- ME RC IA L DEL I V E R Y ROUTES, PROVIDING EX- CEPTIONS, DESIGNATING CERTAIN STREETS AS TRUCK ROUTES OR COMMERCIAL DELIVERY ROUTES, AUTHO- RIZING THE TRAFFIC EN- GINEER TO ERECT APPRO- PRIA TE MARKERS AND TO DESIGNATE TEMPORARY ROUTES, PROVIDNG A MAXI- MUM WIDTH, HEIGHT, LENG- TH, GROSS WEIGHT, SINGLE AXLE LOAD AND TANDEM LOAD FOR COMMERCIAL MO- TOR VEHICLES, PROVIDING A MAXIMUM TANDEM AXLE LOAD, SINGLE AXLE LOAD AND GROSS LOAD FOR VE- HICLES USED EXCLUSIVELY TO TRANSPORT READY~MIX CONCRETE, EXEMPTING VE- HICLES BEING OPERATED UNDER STATE PERMIT, E- MERGENCY VEHICLES, AND VEHICLES OPERATED INTHE CONSTRUCTION OR MAIN- TENANCE OF ANY PUBL~ UTn..ITY, PROVIDING FOR SPECIAL PERMITS, REQUm- ING A BOND, SETTING FEES, PROHIBITING THE DROPPING OF ANY VEH~LE CARGO ON- TO THE PUBL~ STREETS, PROVIDING PE NALTIES, MAKING THIS ORDINANCE CUMULATI'lE OF PRIOR OR- DINANCES, REPEALING CON- FLICITING 0 R'D I NAN C E S, PROVIDING A SEVERABILIT;Y, CLAUSE, DECLARING THE ENFORCEMENT HEREOF TO BE GOVERNMENTAL, PRO- VIDING, FOR INJUNCTIONS, AND DÐCLARING AN EMER- GENCY AND PRESCRIBING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS. TEXAS: SECTION 1. DEFINITtONS: The following words and phrases, when' used in this ordinance shall for the purpose of this ordinance, have the meanings respectively as- cribed to them in this section as follows: uVehicle" Every mechanical device, in, upon, or by which any person or property is or may be transported or. drawn upon a pUblic highway, includ- ing motor vehicles, commercial motor vehicles, truck tractors, trailers, and semi-trailers, se- verally as hereinafter defined, but excepting devices moved by human poweror used exclusive- 17 upon stationary rails or .tracks. "Motor Vehicle" Every ve- hicle, as herein defined, which ,'Is self-propelled. "Ce ercial Motor Ve- hicle" Any motor vehicle de- signed or used for the trans- portation,of property, not in- cluding a passenger bus, pas- senger automobile, motorcycle, panel delivery truck or pickup truck. "Truck - Tractors" Every motor vehicle designed or used primarily for drawing ather ve- hicles· and not so constructed as to carry a load other than a part of the weight of the ve- hicle and load so drawn. "Trailer" Eve r y vehicle without motive power designed or used for carrying property or passengers wholly on its own structU1'e and to be drawn by a motor vehic}e. "Semi - Trailer" Eve ry vebicle 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. "Mobile Home" A. livin& quarters equipped and used for sleeping and eating which may be moved .from one location to another over a public street by being pulled behind a motor vehicle. "Pole Trailer" Every ve- hicle without motive power de- signed to be drawn by another vehicle and attached to the tow- ing vehicle by means of a reaci}, or pole, or by being boomed, or otherwise secured to the tow- 'ing vehicle, and ordinarily used for transportation of long or of irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between' the supporting connect- ions. SECTION 2. No person shall operate or cause to be operated any com- mercial motor vehicle, truck trailer, trailer, semi-trailer, or any combination thereof through the City of North Rich- land HUls in inter-city travel, without a local destination or point of origin, except upon such streets as are designated as "Truck Routes" by this ordinance. SECTION 3. A. Except, as otherwise pro- vided herin, no person shall operate or cause to be operat- ed upon any public street with- in the corporate limits of the City of North Ric;hland Hills any commercial motor vehicle, truck-tractor, trailer, semi- trailer or any combination thereof except on such street or streets as are designated as ei- ther Truck Routes orCommer- cial Delivery Routes by this ordinance, such vehicles shall be operated on a Truck Route wherever reasonably practic- able; they shall be operàted on a Commercial Delivery Route only when it 'is not reasonably practicable to use a Truc k Route to fulfill the purpose for which such vehicle is then being operated. B. EXCEPTIONS The provisions of this section shall not apply: (1) to a vehicle travelling to or trom a truck terminal, ga- rage, place of repair, place of performing a service, or a place of loading or unloading, over the shortest practicable route to a point on a Truck Route or Commercial Delivery Route; any such vehicle shall be permitted to proceed from one such point not on a Truck Route or Commercial Delivery Route to another such point without returning .....·a "Truck Route or a Commercial De- livery Route if to so 'return would unreasonably increase the distance to be travelled between such points; the opera- tors of any such vehicles shall carry evidence of the location of its last stop and of its im- mediate destination in order for this exception to apply: (2) to emergency vehicles operating in response to any emergency call; (3) to vehicles operated by a public utility while cruising in an assigned area for the pur- pose of inspecting the facili- ties f)f said public utility and/ or providing maintenance ser- vice to said facilities. SECTION 4. A. The following strèets and parts of streets are designated , "Truck Route¡::" under this or- dinance: Inter-state Within CltyL! Total Gross 72,000 Ibs. "-'" Watauga Drive; Limits: R~ Snow to F .M. 1938; AllowabJe Total Gross Weight Limits: 40,000 Ibs.· State Highway 121; Limits: Within City Limits; Allowable Total Gross Weight Limits: 72,000 Ibs. Rufe Snow Drive; Limits: Watauga Road to Loop 820; Allowable Total Gross Weight Limits: 40,000 Ibs. State Farm Highway 1938; Limits: Within City Limits; Al- lowable Total Gross Weight Li- mits: 72,000 Ibs. B. The following streets and parts of streets are designat- ed as "Commercial Delivery Routes" under this oridnance: B"edtord - Euless Road; Li- mits: Highway 121 to East City Limits~ Richland Plaza; L i m its: Highway 121 to Broadway. Glenview Drive; L i m its: Highway 121 West of City Li- mits. Rufe snow Drive; Limits: Highway 121 North to City Li- mits. Main street; Limits: Smith- field Road to F .M. 1938. Precinct Line Road; L i m Its: 'Rt....",..v 19.1 1IT,,"'h tn ("ttv , .f_ mits. L C. The .Street nd ...~s"c- ttons Supervisor shall e .' dap- propriate gn. and mar ings to designate e Truck Routes and Commerc, Þ. elitery Routes described r4tn. ' D. Whe ver an street de- signated a Tr k Route or Commerc Deli ry Route is being repaired or s otherwise temporarilf out f use, the street and InSpec ions Super- visor is hereby abthorized to designate altern~te T r u c k Routes il.lld Commercial De- I livery Routes for such period as might be necessary. SECTION 5. A. Except as otherwise pro- vided herein, it shall . be un- lawful and vi01lition of this or- dinance for any; person to drive, operate or q¡ove, and/or to cause or Per~t to be driven, operated or mfved, on any pub- lic street wit1Í1n the corporate limits of thè City of North Richland Hills, any commercial motor vehicle with or witbout ¡ load, contrary to any . of the regulations contained In this section. "t· "'r, . 7, B. (1) NO commercial mþtor ' vehicle s~ll exceed .. tc>tal outside wi~, iÐcluding any lOad thereon, ct nínety-six jn~es (96"), exc,," t that the ~idtb of' a farm tra or;shall notex~ed nine feet ')t.ndithaq. h,U- mitations s 6> size of a'Ve- , hicle statet in this sectiqn sþall not apply tq1implements Oflfus- \ bandry, malthi¥ry. use~ sqJ.ely ; for the pu~sI of'ôrilliÎ1g "a-' ter wells,... o( to high..taý; or street buillJing or maintenâì1ce ;a~~in:~ ~~~I.. ~f~. ,:;:r.:i': Texas or !-~-;r of Ìits pCllit1cal subdivislo~ 0t-the ç:1ty of NOrth Richland HBlst (2) No fJ" t, rcfal motorve- hicle unlad '.' .. with loap..... s~. an '.' exceed a .. of t.hirtetm tet, ; six inche '6';) including" load. (3) No comn:jercial moto!':ve- hicle, truci-trt,ctor, tra11ef or semi-trail4&- sþau exceed a length of fcltty(40) feet, ex~ept it shall b' llÎ,wM for rEfri- geration equip~ent installecJ in a trailer otseíÐi-ttailerfot'the purpose at retrigeratþlg" the cargo thel'jofto overhång the front of !Ìluclå vehicle, 'ven though suehoverhang wOuld make the .otû lelÌgth of such vehicle mere" thaI) forty (40) feet; when any suchtruck-tl'ac- tor and sel'lii-trailer are opera- ted in combination no such cöm- bination of a truck-traclorand semi-trailer coupled together" shall exceed a total length of fiftY-five (15) feel; and when operatet1 1b ariy other combi- nation of süch vehicles coupled together inCluding but not limit- " ed to a truck and semi-trailer, truck and trailer, truck-tractor and semi-trailer and trailer," or truck-tractôr and two trail- ers, then ~ such other COm- ,binationofIUcb vehicles coup- led togeth.r s h a 11 exceed length of l1xtJ-tive (65) feet; . provided, however, that the pro- visions of this f¡ubsecttOll shall not apply to any disabled ve- hicle ~ tOlllled or bv.n_ NuTJ CE ... . otiher velticle to ao intake place for repairs~' and provided fur- ther ,that the above limitations shall. not apply to any mobile home or to any combination of a mobile home and a motor vehicle, but no ~obile home and motòr vehicle combination shall, exceed a total length of fifty -five (55) feet., (4) No vehicle or combination of vehicles, except pole trail- ers, sh~l carry any load ex- tending more than three feet (3') beÝond the front thereof, nor more than four feet (4') beyond the rear thereof. ed issued by the state High- recovery upon said bond shall way Department under the pro- be in Tarrant County, Texas, 'Visions of Article 6701a of the and any bond issued hereunder Revised Civil statutes of Texas shall contain an unambiguous as said article now exists or contractual provision to that might from time to time be effect. amended; (4) A fee shall be charged (2) Emergency vehicles op- for each permit as follows: erating in response to any emergency call; $5.00 for single trip permits (3) Vehicles operated for the purpose of construction or maintaining any publiç utility in the City of North Richland HUls. E. (11R..æn written applica- C No commercial motor ve- tiQ!h~melY made by any per- hicl~ tru'ck-tractor t.1'ltJ!ei;,}-;;.soñ'or corporation which de- esemi:tra1ler nor com~ináffón of sires to operate or cause to such vehicles shall be operated be operated on the public streets or caused or permitted to be within the corporate limits of operated upon' any Truck Route the Qity of North Richland Hills, within the corporate limits of Texas, overweight or oversize the city Of North Richland Hills equipment for the transporta- having a weight in excess of any tion of such commodities as one or more of ,the following cannot be reasonably dismantl- limitations: ed, wheFe the total gross weight or' size of the vehicle and its load exceed the limits allowed by this section, the Police De- partment, after consulting with the Public Works Department, shall issue a permit for the operation of such equipment or fleets of equipment for a spec- 1t1ed period of time, over a route or routes to be desig- nated by the Public Works De- partment, if such routes can be ,determined at the timE¡ applica- tion for the permit is made. (1) Inho event Shall the total gross weight, with load, of any ~hic1eor combination' of ve- hicles, 'ofheD operated on Inter- state Loop J120, State Highway l:n 91' m.teF. M. Highway 1938, eXceed se¥enty-two thousand (12,OÒO)'J>of¡dfJ, and in no event shall! ~ Ibtal gross weight, With ~oa. o(any vehicle or com- binàUonof tehicles exceed for- tY 'thoufartl .(4Q.000) pounds wþeno~a~on Watauga Drive or ~ute $noý¡ Dri~. (~) ¡N~ atle sþll carry a Idad in ditcdsS'Of iighteen thou- . sand (18,OOQ)poqpds. An axle ,lqad,s~ljÞe døtined as the åjtaJ. ¡ l~d;¡ tranSí,nitted to the r+a4 þy :~l¡[;wheet; whose cen- tt¡rlimaf ~ 1nclided between htq'(~)~rai,IeJ. tr~sverse ver- tical þla:aes fòrty inches (40") apart. e.eriiling across the full wJdth, of ,the vehicle. , ' (3) T~ ~otal gross weight concent~ted on the highway sùrfaee frolb any tande m axle group sballnot eXceed thirty- two thousand (3a~000) pounds for eaQb 'such, tandem axle r;to\¡'lP;, ta~em axle group is defined êc> be two (2) or more , aJPesspácedfortyinches (40") 0t tnl!lre'a~rt frOm center to . center hàvtng at ,least one (1) c~mrrionpotntj of, weight sus- pèn.ion.' ", (4) V~icles used exclusively to tran~tt ready-mix con- ctele mar be operated upon the ,PÙblic sÞ-eets. of the City o{ 'Nbrth IIchland Hills with a tande m aXle load not to exceed thirty -:Six thoœand (36,000) pOunds, a single axle load not to exceed twelve thousand (12,- 000) .pounds and a gross load nqt to exceed forty-eight thou- sand (48,000) pounds, but shall use the ,most direct route to the site of construction. D. The provisions of this section shan not apply to: (1) An; person operating or causing t.o be operated a motor Vèhlcle Wtder a valid and sub- sisting permit for the opera- tion of overweight or oversize equtp~ent for, the transporta- tion! of such commodities as cannot be reasonably dismanU- (2) The application for the permit provided for in this section shall be in writing and contain the following: (a) The kind of equipment to be operated, with a complete description of same and a state- ment as to its weight. (b) The kind of commodity to be transported and a certi- ficate as to its weight. (c) The street or streets over which the said equipment is to be operated. and the date .or dates and the approximate time of said operation, and the number of trips to be made, except when the nature, route, time or frequency of operation cannot be determined at. the time the permit is issued. (d) The application shall be, dated and signed by the appli- cant. (3) Before a permit is is- sued under this section, the applicant for sa me shall file with the Public Works Depart- ment a bond in an amount to be set and approved by the Public Works Department. The amount of such bond shall not exceed the product of the number of vehicles for which a permit is sought multiplied by Ten Thou-· sand and no/IOO Dollars ($10,- 000.00). Said bond shall be pay- able to the City of North Rich- land HUls and conditioned that the applicant will pay to. the City of North Richland Hills the sum of money necessary to repair any damage which might be occasioned to any public street or publicly owned fix- ture appurtenant 'to such street 'by virtue of operation of any commercial vehicle under said I'I9rmtt_ Vlmllp. of 211V ..ntt for $10.00 for periods not exceeding 30 days $15.00 for periods not exceeding 60 days $20.00 for periods not exceeding 90 days $50.00 for periods not exceeding 1 year The proper fee shall acco m- pany each application for permit and shall be made in cash or by cashier or certified check or postal money order. The fee shall be returned if the ap- plication is denied. (5) Any permit issued here- under shall include at least the following: (a) The name of the applicant, the date, a description of the equipment to be operated and a description of the commodity to be transported. (b) The signature of an au- thorized member of the Police Department and Public Works Department. (c) The time for which the permit is issued. (d) The specified street or streets over which the equip- ,ment is to be operated, in so : far as it can be determined 'at the time the permit is is- , sued. SECTION 6. It shall be unlawful for any person to operate or cause to be operated any commercial motor ! vehicle on a public street of the City of North Richland Hills in such manner as to permit any portion of its cargo, either li- quid or solid, to fall out of, spUl from,- or blowout of such vehiçle. SECTION 7. Any person, firm, corpora- tion or any agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misde- meanor and, upon conviction thereof, shall be fined not to exceed Two Hundred and no/lOO Dollars ($200.00) for each of- fense" Each day that a viola- tion is permitted to exist shall constitute a separate offense. SECTION 8. This ordinance shall be and is hereby declared to be cu- mulative of all other ordinances of the City of North Richland Hills providing for the regula- tion of motor vehicles upon thE ' public streets, and this ordi- nance shall not operate to re- peal or affect any of such other ordinances except insofar as the ,provisions thereof might be in- consistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 9. If any section, subsection, sentence, clause or phrase of this ordinance is for any rea- son held to be unconstitutional, such holding shall not affect the validity of the remaining por- tions of this ordinance, and all, of the remainder of this ordi- nance not so held to be un- constitutional shall continue to be in full force and effect. SECTION' 10. All of the regulations provid- ed in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any City Official or employee charted with the enforcement of this ordinance, acting for the City of North Richland Hills in the discharge of his duties, shall not thereby render him- self personally liable, and he is hereby relieved from all per- sonal liability, for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. SECTION 11. The City Secretary of the City of North Richland Hills is i hereby dir~cted to publish this ordinance in pamphlet form for general distribution among the public, and this ordinance as so published shall be admissi- ble in evidence in all CO,urts : without further proof than the production of said pamphlet. SECTION 12. Any violation of this ordi- nance can be enjoined by a suit filed in the name of the City of North Richland Hills in a court of competent jurisdic- tion and this remedy shall be in addition to any penal pro- vision in this ordinance. SECTION 13. This Qrdfnance shall become, effective from and after its passage and pUblication as re- quired by law. PRESENTED AND GIVEN 'FmsT AND FINAL READING ON THE 13th DAY OF DEC- EMBER, 1965, AT A MEET- ING OF THE CITY COUN- CIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY A VOTE OF 7 AYES AND 0 NAYS. John p. Hunter Mayor ATTEST: ,Rita J. Clower City Secretary APPROVED AS TO FORM AND ,LEGALrry: ,~rion Massey City Attorney Legal 1086 Publish 12/19/65 ¡ I ¡ I I t I ~ ~ '!\ f I I