(A) Definitions. 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. Terms not defined herein shall be construed in accordance with customary usage.
AUTHORIZED EMERGENCY TRUCKS. 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.
LIGHT TRUCK. Any truck with a manufacturer’s rated carrying capacity of two thousand (2,000) pounds or less, including trucks commonly known as pickup trucks, panel delivery trucks, and carryall trucks.
PROOF OF ROUTE. A written verification of pick-ups, deliveries, or destinations which may include a log book, delivery slip, shipping order, bill or any other document which identifies and specifies the date, address, and name of the person requesting or directing the pick-up or delivery and the destination of the pick-up or delivery.
TRUCK. Any motor vehicle designed, used or maintained primarily for the transportation of property, including “truck tractors,” “road tractors,” “trailers,” semi-trailers,” “pole trailers,” and “special mobile equipment” as those terms are defined in the Texas Transportation Code.
(B) Thru truck traffic.
(1) Regulation. A person commits an offense of the person operates a truck upon a public street designated as a no thru truck street.
(2) Affirmative defenses. It is an affirmative defense to prosecution under this section if:
(a) The truck was an authorized emergency truck;
(b) The truck was as bus or light truck; or
(c) The truck:
1. Was being driven to or from home or to fulfill a local commercial obligation to a buyer or seller at a given destination, evidenced by a bill or sale or invoice; and
2. The public street was the only route to such destination.
(Ord. 801, passed 6-1-2021) Penalty, see § 70.99