(A) Definitions.
(1) The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AUTHORIZED EMERGENCY VEHICLES. Fire department trucks, police trucks, public ambulances for which permits have been issued by the State Board of Health, emergency trucks of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, private trucks operated by volunteer firemen or certified emergency
medical volunteers while answering a fire alarm or responding to a medical emergency, and trucks owned by the state or by a political subdivision engaged in emergency utility repair or electric, water, or wastewater services.
(2) Terms not defined herein shall be construed in accordance with ordinary usage.
(B) Through truck traffic prohibited.
(1) A person commits an offense if the person drives or operates, on any street or roadway within the corporate limits of the city that is designated as a no through truck route and is marked with a sign prohibiting through truck traffic, a vehicle that:
(a) Has dual or tandem rear axles;
(b) Is a tractor-trailer combination; or
(c) Has a gross vehicle weight rating of 26,001 pounds or more.
(2) It shall be an affirmative defense to prosecution under division (B)(l) that:
(a) The vehicle is being used to make deliveries or pick-ups from a residence or business located on the no through truck route and the driver possesses a log book, delivery slip or other evidence of his or her destination and point of origin for such vehicle;
(b) The vehicle is being used or operated by a service, construction or other business to perform work at a residence or business located on the no through truck route;
(c) The vehicle is a recreational vehicle which is designed for a temporary or short-term occupancy for travel, recreational or vacation uses, including vacation travel trailers, recreational vehicles, tent trailers or similar vehicles used for temporary portable housing;
(d) The vehicle is a personal trailer pulled by a personal vehicle, such as a horse trailer, stock trailer, dog trailer, motorcycle trailer, boat trailer, lawn equipment trailer, and gooseneck trailer;
(e) The vehicle is a vehicle for street construction, maintenance, and repair and is engaged in the construction, maintenance, or repair of streets;
(f) The vehicle is used by a public service company in providing or expanding their service within the city;
(g) The vehicle is an authorized emergency vehicle responding to a call;
(h) The vehicle is used or operated by the city performing city business, including transit uses;
(i) The vehicle is used by the city's franchisee for the franchisee's approved activities;
(j) The vehicle is being used or operated by a public school system to transport children;
(k) The vehicle is operating under a valid permit issued by the state department of highways and public transportation under Texas Trans. Code, § 623.071; or
(l) The vehicle is operating with a valid permit issued by the city.
(3) Any person violating this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed the sum of $500 for each offense, except, however, where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law.
(C) No through truck traffic routes designated.
(1) The following routes, described below, shall be designated as no through truck traffic routes:
Route | Location |
Pecan Street | Between State Highway 82 and Main Street (FM 1199) within the corporate limits of the city |
(2) The City Secretary or his or her designee shall direct that signs designating the above routes as “no through truck routes” shall be erected and placed accordingly.
(Ord. 0818-6, passed 8-13-2018; Ord. 0522-1, passed 5-10-2022)