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HomeMy WebLinkAboutORD 2017-77 - Thru Truck TrafficORDINANCE NO. oL O1 rl — -) I AN ORDINANCE OF THE CITY OF GEORGETOWN AMENDING THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN BY ADDING CHAPTER 10.10 ENTITLED "THRU TRUCK TRAFFIC;" AND DIRECTING THE TRAFFIC ENGINEER TO ERECT APPROPRIATE SIGNS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY AS STATED IN SECTION 1.08.010 OF THE CODE OF ORDINANCES; PROVIDING FOR PUBLICATION AND SETTING AN EFFECTIVE DATE. WHEREAS, the City has identified certain streets and roadways within the City limits on which commercial truck and construction traffic present safety concerns to pedestrians and local residents; WHEREAS, the City Council finds that restricting commercial truck and construction traffic on certain streets will improve traffic flow and is in the best interest of public safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Chapter 10.10 entitled "Thru Truck Traffic" of the Code of Ordinances of the City of Georgetown, Texas is hereby added and shall provide as shown in EXHIBIT A. Section 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. {llilllll9�i9 / y5 / / TRANS / 111 / 10/02/20171 Ordinance Number: Ql `1 ' ~i Page 1 of 4 Description: Thru Truck 'raffic Date Approved: l l 12017 Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of November, 2017. PASSED AND APPROVED on Second Reading on the DS day of )QVCft6eV0 17. ATTEST: THE CITY OF GEORGETOWN 4-1 lr�� By: Shelley Nowl&City Secretary APPROVED AS TO FORM: WAK Charlie McNabb, City Attorney / v5 / / TRANS / 111 / 10/02/201 Dale Ross, Mayor Ordinance Number: _a - 1 -7 - 7 7 Page 2 of 4 Description: Thru Truck Traft' Date Approved: S 1 rig , 2017 EXHIBIT A CHAPTER 10.10 THROUGH TRUCK TRAFFIC Sec. 10.10.010 Definitions (a) For the purpose of this chapter, truck means a motor vehicle designed, used, or maintained primarily to transport property that has dual or tandem rear axles. (b) For the purpose of this chapter, construction vehicle means licensed or non - licensed vehicles or machinery used for the purposes of road, utility or home / recreational construction, including but not limited to trucks with a classification greater than "one ton", loaders, skid steers, excavators, cranes, fork lifts, drilling equipment, dump and flatbed trucks, rollers, and earth moving equipment. (c) For the purpose of this chapter, commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that: 1) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds; 2) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds; 3) is designed to transport 16 or more passengers, including the driver; or 4) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F. (d) For purpose of this chapter, a trailer means a vehicle that is designed or used to carry a load wholly on its own structure is drawn or designed to be drawn by a motor vehicle. (e) For the purpose of this chapter, types of vehicles not otherwise defined above shall have the meanings ascribed to them in Texas Transportation Code, Secs. 502.001 and 622.014, as it may be amended. Sec. 10.10.020 Through truck traffic (a) It shall be unlawful for any person to drive or operate any truck, construction vehicle, commercial motor vehicle or trailer on any street, roadway, highway or segments of such street, roadway, or highway within the city I0III109S59 / v5 / / TRANS / 111 / 10/02/20171 Ordinance Number: :� o i `7 — -7_ ") Page 3 of 4 Description: Thru Truck Traffi Date Approved: S 1 I Q4? , 2017 limits when such street is marked with a sign prohibiting truck, construction vehicle, commercial motor vehicle or trailer traffic (b) The Traffic Engineer, designated pursuant to Chapter 10.04, is authorized to designate streets or parts of streets on which the operation of trucks, construction vehicles or commercial motor vehicles is prohibited by erecting appropriate traffic control signs giving notice thereof. (c) Fxceplion . The provisions of this section shall not apply to vehicles that are: (1) Owned, leased, used or in service to the city, the county, the state or the United States; (2) School buses and public buses; (3) Emergency vehicles en route to and returning from an emergency, including any wrecker or tow trucks; (4) Making home deliveries or pickups of goods or services to a residence located on said street; (5) Mobile homes which are being installed or removed from within the boundaries of the city; (6) Travel trailers, boats and recreational vehicles; (7) Owned or used in the service of public utilities when in the performance of their duties; or (8) Making business deliveries to or pickups from a business or construction site located on said street. (d) If the point of origin or destination (for commercial purposes only) for any such truck shall be off such street, roadway or highway and the only route to such location is by using such street, then such truck may proceed by the most direct route to and from the nearest street, roadway or highway not so marked. A bill of lading, routing sheet or other such documentation portraying the specific address from which the merchandise, goods or services are to be picked up to the address to which the delivery is to be made is prima facie proof of legitimacy. Sec. 10.10.030 Offense A violation of this article constitutes a misdemeanor as provided in Chapter 1.08 the City of Georgetown Code of Ordinances. JU011INS59 / v5 / / TRANS / 111 / 10/02/2017) Ordinance Number: Page 4 of 4 Description: Thru Truck Traffic 33 Date Approved: 1 1 !-W _, 2017