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ordinance be, and the same are hereby, repealed and all other ordinances of the City not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
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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.
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Ordinance Number: Page 4 of 4
Description: Thru Truck Traffic 33
Date Approved: 1 1 !-W _, 2017