(A) Designation of truck routes. All Interstate Highway, U.S. Highway and State Highway routes, as well as routes designated by other sections of the code of ordinances, within the city are designated as truck routes.
(B) Definitions. The terms used in this schedule shall have the meaning which is defined in the Texas Transportation Code as of the date of this code of ordinances or hereafter amended.
(C) Weight limitations of certain vehicles. No commercial vehicle, truck-tractor, trailer, semitrailer, nor combination of such vehicles shall be operated or caused or permitted to be operated upon any public street within the city having a weight in excess of any one or more of the following limitations:
(1) In no event shall the total gross weight, with load:
(a) Of a two-axle vehicle exceed 24,000 pounds;
(b) Of a three-axle vehicle exceed 36,000 pounds;
(c) Of a four-axle vehicle exceed 48,000 pounds; and
(d) Of a five-axle vehicle exceed 60,000 pounds.
(2) Vehicles used exclusively to transport read-mix concrete may be operated upon the public streets of the city, but a tandem-axle load of such vehicle shall not exceed the weight limitations as defined in Tex. Transportation Code, § 622.014 as hereinafter amended.
(D) Issuance of permit and surety bond.
(1) In the event the vehicles described in this schedule shall exceed the weight limitations described in the above divisions, the owner of any commercial motor vehicle, truck-trailer, trailer, semitrailer, or combination of such vehicles, and transport ready-mix vehicles operating in the city, shall obtain and file a surety bond acceptable to the city in the amount of $15,000.00 with the city, conditioned that the owner will pay to the city all damages done to the highways by reason of the operation of such vehicle with load:
(a) Of a two-axle vehicle exceeding 24,000 pounds;
(b) Of a three-axle exceeding 36,000 pounds;
(c) Of a four-axle exceeding 48,000 pounds;
(d) Of a five-axle exceeding 60,000 pounds; or
(e) Exceeding those weight limitations prescribed for vehicles transporting ready-mix concrete described above.
(2) In addition to such bond, the City Manager or his or her designate shall issue a permit, on a form approved by the city, authorizing such excessive weight limitations and condition of use by those vehicles. Failure to abide by the terms and conditions of the permit shall be grounds for revocation of the permit by the city.
(E) Enforcement.
(1) A police officer, having reason to believe that the axle load or gross weight of a loaded vehicle is unlawful, is authorized to weigh the vehicle by means of portable or stationary scales, or cause it to be weighed by a public weigher, and require that the vehicle be driven to the nearest available scales for the propose of weighing.
(2) If the axle load or gross weight of a vehicle exceeds the axle load or maximum gross weight authorized by this schedule or state law, the police officer shall demand and require the operator or owner of the vehicle to unload that portion of the load necessary to decrease the axle load or gross weight of the vehicle to the maximum axle load or gross weight authorized by law; provided, however, that if the load consists of livestock, perishable merchandise, or merchandise that may be damaged or destroyed by the weather, then the operator shall be permitted to proceed to the nearest practical unloading point before discharging the excess cargo.
(F) Exceptions to weight limitations. The provisions of this schedule regarding weight limitations for certain vehicles shall not apply to:
(1) Any person operating, or causing to be operated, a motor vehicle under a valid and subsisting permit for the operation of overweight or oversize equipment for the transportation of such commodities as cannot be reasonably dismantled issued by the State Highway Department under the provision of V.T.C.A., Tex. Transportation Code, §§ 623.071 et seq., as said article now exists or might from time to time be amended.
(2) Emergency vehicles operating in response to any emergency call.
(3) Vehicles operated either by any governmental entity or private entity operating at the direction of the city, for the purpose of constructing, maintaining, or repairing any public utility in the city.
(G) Violation; penalty. Any person, firm, or corporation violating any of the provisions of terms of this schedule shall be subject to a penalty as provided for in § 70.99 of this code of ordinances.
(Ord. 2001-23, passed 12-18-01)