(A) Findings and purpose.
(1) The purpose of this section is to:
(a) Restrict vehicle traffic by weight on specific streets within the city proper on or over the public rights-of-way in order to minimize the congestion, inconvenience, deterioration, visual impact and other adverse effects, and the costs to the citizens resulting from the replacement and repair to facilities within the public rights-of-way;
(b) Govern the use and occupancy of specific public rights-of-way;
(c) Assist the city in its efforts to protect the public health, safety and welfare;
(d) Conserve the limited physical capacity of the public rights-of-way held in public trust by the city;
(e) Preserve the physical integrity of the streets and highways;
(f) Control the orderly flow of vehicles and pedestrians;
(g) Keep track of the different entities using the public rights-of-way to prevent interference between them; and
(h) Protect the safety, security, appearance and condition of the public rights-of-way.
(2) This section may be referred to as the “Restrictive Use of Specific City Public Rights-of-Way by Weight Restrictive Use Ordinance”.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Sour Lake, Texas. As used throughout, the term CITY also includes the designated agent of the city.
CITY STREET. The foregoing and designated street within the corporate limits of the city designated for transportation purposes.
DIRECTION OF THE CITY. All ordinances, laws, rules, resolutions and regulations of the city that are not inconsistent with this section and that are now in force or may hereafter be passed and adopted.
DIRECTOR OF PUBLIC WORKS or DIRECTOR. The City Director of Public Works Department or the Director’s designee.
PERSON. A natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other entity.
PUBLIC RIGHTS-OF-WAY. The same as defined in Tex. Loc. Gov’t Code § 283.002(6): the area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement in which the municipality has an interest. The term does not include the airwaves above a PUBLIC RIGHT-OF-WAY with regard to wireless telecommunications. The term does not include city property.
(C) Administration and enforcement.
(1) A person is subject to reasonable police power regulation of the city to manage its public rights-of-way in connection maintenance or repair of public rights-of-way, pursuant to the city’s rights as a custodian of public property based upon the city’s historic rights under state and federal laws.
(2) The city shall provide notice of enforcement by placing notice of restrictive use of the designated public rights-of-way by signs posted at each entrance providing the weight limit for any vehicle or load traveling the public rights-of-way.
(D) Unauthorized use of public rights-of-way. The city may institute all appropriate legal action to prohibit any person from using the above designated public rights-of-way unless the person has complied with the terms of this section.
(E) Effective date. This section became effective immediately upon passage and publication required by law.
(Ord. passed 7-17-2007) Penalty, see § 70.99