CHAPTER 71: TRUCKS, TRUCK-TRACTORS
Section
   71.01   Short title
   71.02   Definitions
   71.03   Operation of trucks, truck-tractors and other self-propelled vehicles upon public street prohibited
   71.04   Exception to operation of trucks, truck-tractor and other self-propelled vehicles
   71.05   Signs
 
   71.99   Penalty
§ 71.01 SHORT TITLE.
   This chapter shall be known and may be cited as the “Truck Regulation Ordinance of the Town of Holiday Lakes, Texas”.
(Ord. 2005-07, passed 3-21-2005)
§ 71.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFIRMATIVE DEFENSE. Has the meaning assigned to it in Tex. Penal Code, § 2.04. In any prosecution hereunder in the Municipal Court of the town, or any other court of competent jurisdiction, the complaint charging a violation of this chapter need not negate the existence of any AFFIRMATIVE DEFENSE contained herein, but the existence of the same may be raised by the defendant in such prosecution by way of defense.
   CONSUMER GOODS. Any movable personal property used or intended to be used primarily for personal, family or household purposes.
   MOTOR VEHICLE. Every self-propelled device in, upon or by which any person or property is or may be transported, but does not include any device moved by human power to which no motor is attached or used exclusively upon stationary rails or tracks.
   OTHER SELF-PROPELLED VEHICLE. A motor vehicle, as herein defined, other than a truck, truck-tractor or any motor vehicle designed for carrying passengers when actually in use for the transportation of persons.
   SEMI-TRAILER. Vehicles 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 load rests upon or is carried by another vehicle. The term SEMI-TRAILER means vehicles of the trailer type having a gross weight in excess of 4,000 pounds so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its load rests upon or is carried by another vehicle.
   TRUCK. Every motor vehicle designed, used or maintained primarily for the transportation of property, with a manufacturer’s rated carrying capacity in excess of 2,000 pounds, but does not include those trucks having a smaller capacity and commonly known as pickup trucks, panel delivery trucks and carry-all trucks.
   TRUCK-TRACTOR. 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.
(Ord. 2005-07, passed 3-21-2005)
§ 71.03 OPERATION OF TRUCKS, TRUCK-TRACTORS AND OTHER SELF-PROPELLED VEHICLES UPON PUBLIC STREET PROHIBITED.
   From and after the effective date of this chapter, it shall be unlawful for the driver or operator of any truck, truck-tractor or other self-propelled vehicle to drive or operate the same upon any public street within the corporate limits of the town.
(Ord. 2005-07, passed 3-21-2005) Penalty, see § 71.99
§ 71.04 EXCEPTION TO OPERATION OF TRUCKS, TRUCK-TRACTOR AND OTHER SELF-PROPELLED VEHICLES.
   It is an affirmative defense to the prosecution order of § 71.03 if the motor vehicle in question:
   (A)   Is one of which the town is the owner;
   (B)   Is a truck or truck-tractor which is being driven to or from any premises in the town, to which any consumer goods or any standard sized delivery of any dirt, sand, gravel transported thereon or thereby is being or has been delivered as set out by the bill of lading, the route being taken by the driver thereof is the most practical, direct route to such premises, or follows a map drawn by the owner of said property, and said vehicles depart premises with the intent of leaving the town upon completion of said delivery;
   (C)   Is one which, with the consent of the Town Council is actually engaged in the construction, reconstruction, repair or maintenance of the street on which it is being driven or operated, or is traveling to or from any location for such purpose and the route being taken by the driver or operator thereof is the most practical, direct route to such location;
   (D)   Is one which comes within the definition of “other self-propelled vehicle” contained in § 71.02 and has a gross vehicle weight of 15,000 pounds or less;
   (E)   Is one which is owned by a person, association or corporation to whom a franchise has been heretofore or is hereafter granted by the Town Council, and the motor vehicle in question is being used in connection with the business authorized by such franchise, such franchise has not expired or been revoked or terminated, and the franchise is not delinquent in the payment of franchise tax or any other taxes, assessments or lawful charges owed to said town;
   (F)   Is a school bus or church bus; or
   (G)   Is used for transportation to and from the residence and requires a permit.
(Ord. 2005-07, passed 3-21-2005)
§ 71.05 SIGNS.
   The Mayor of the town is hereby authorized and directed to cause appropriate signs conforming to the manual and specifications for uniform traffic control devices as adopted by the State Highway Commission, giving notice of the provisions of § 71.03, such signs to be erected at appropriate locations within said town; providing, however, that the absence of any such sign or the failure of any driver or operator to see such sign shall not be a defense in any prosecution under the provisions of § 71.03.
(Ord. 2005-07, passed 3-21-2005)
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