(A) Except as otherwise provided by law, no commercial motor vehicle, truck-tractor, trailer or semi-trailer, nor combination of such vehicles, shall be operated over, on or upon the public city streets and highways within the corporate limits of the city, having a weight in excess of one or more of the following limitations.
(1) No such vehicle, nor combination of vehicles, shall have a greater weight than 20,000 pounds carried on any one axle, including all enforcement tolerances; or with a tandem axle weight in excess of 34,000 pounds, including all enforcement tolerances; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula:
W = 500 (LN/N-1 + 12N + 36)
Where:
W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds
L = distance in feet between the extreme of any group of two or more consecutive axles
N = number of axles in group under consideration; except that, two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; provided, that such overall gross weight may not 80,000 pounds, including all enforcement tolerances
(2) No such vehicle, nor combination of vehicles, shall have a greater weight than 600 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using high-pressure tires, and a greater weight than six 650 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-pressure tires, nor any axle a load in excess of 16,000 pounds on high pressure tires, and 20,000 pounds on low-pressure tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the national system of interstate and defense highways within the corporate limits of the city in excess of those permitted under 23 U.S.C. § 127. If the federal government prescribes or adopts vehicle size or weight limits greater than those prescribed by 23 U.S.C. § 127 for the national system of interstate and defense highways, the increased limits shall become effective on the national system of interstate and defense highways within the corporate limits of the city.
(4) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AXLE LOAD. The total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
TANDEM AXLE GROUP. Two or more axles spaced 40 inches or more apart from center to center having at least one common point of weight suspension.
(5) (a) Any police officer, having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the same by means of portable or stationary scales furnished or approved by the Police Department of the city for such use, or the police officer may cause the loaded motor vehicle to be weighed by any public weigher and may require such vehicle to be driven to the nearest available scales for the purpose of weighing.
(b) In the event that the gross weight of a vehicle weight pursuant to division (A)(5)(a) above is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of 5% of the gross weight authorized by law, such police officer shall demand and require the operator or owner of the motor vehicle to unload, or cause to be unloaded, such portion of the load as is necessary to decrease the gross weight.
(c) In the event that the axle load of a vehicle weighed pursuant to division (A)(5)(a) above is found to exceed the maximum authorized by law, plus a tolerance allowance of 5% of the axle load authorized by law, such police officer shall demand and require the operator or owner of the motor vehicle to decrease the axle load to the maximum authorized by law plus such tolerance allowance. The owner or operator may reduce such load by rearranging the cargo, if possible, or by unloading or having others unload such portion of the cargo as is necessary to decrease the axle load to the maximum authorized by law, plus such tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the city so long as any axle load exceeds the maximum authorized by law, plus such tolerance allowance, except as authorized under divisions (A)(5)(d) or (A)(5)(e) below.
(d) If the load of a motor vehicle consists of livestock, the operator shall be permitted to proceed to the destination without unloading, provided the destination is within the state.
(e) If the gross weight of a motor vehicle or an axle load exceeds the maximum permitted by law plus a tolerance allowance of 5% of the gross weight authorized by law, but the police officer believes that the cargo cannot be unloaded or rearranged safely at the place where such vehicle was weighed, or the police officer believes that the unloading or rearranging of the cargo at such place would create an unreasonable disruption of traffic, he or she shall require the operator to proceed to a location where the cargo can be unloaded or rearranged safely without causing disruption to traffic. Such location shall be the nearest such place on city property, on property under the control of the driver or his or her principal, or on property where consent has been given for such loading and where it is feasible to unload or rearrange such cargo.
(B) Any person desiring to operate a vehicle on city streets in excess of a load limit set out herein shall first obtain a special permit from the City Engineer or designee, and such permit shall not be issued unless reasonably necessary. For any such permit, a fee of $100 shall be authorized. The City Engineer shall collect or cause to be collected the fee herein prescribed.
(C) The limitation as to weight prescribed by this section shall not apply to road rollers or other road-making or road-repairing machinery being moved or used on a street by the United States, the state, the county, the city or any contractor moving or using such road machinery in the performance of or preparatory to the performance of a contract with either the United States, the state, the county or the city, but in the event of any such road-making or road-repairing machinery of a weight in excess of the limit set out herein being moved over the streets or bridges in the city, the person in charge thereof shall first obtain from the City Engineer a permit for such movement, which permit shall designate the route or streets and also the bridges over which such movement shall take place, and such machinery may then be moved, but not elsewhere than over such designated routes. There shall be no fee for this permit.
(D) Any person moving or causing to be moved a load which, together with the weight of the vehicle, exceeds the limit as set out herein, shall be liable to the city for any damage done by any such excessively loaded vehicle to the streets, bridges or culverts in the city and the acceptance of either of the permits provided for in this section shall be conclusive evidence that the person to whom such permit is issued agrees to make good and pay all such damages upon demand thereof made by the city.
(E) The driver, owner, operator or other person operating or driving any commercial motor vehicle, truck-tractor, trailer or semi-trailer or combination of such vehicles, over, on or upon city streets or public highways within the limits of the city, shall comply with the provisions of Tex. Transportation Code §§ 502.151, 621.002, 621.101 and 621.501.
(F) Certain sections of city streets, alleys, travelways, bridges or culverts may be designated for more restrictive load limits by the Public Works Director or City Engineer. Such locations shall be designated on the site by appropriate signs.
(1998 Code, § 118-49) (Ord. 03-01, passed 2-19-2003) Penalty, see § 71.99