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HomeMy WebLinkAboutORD 1971-001 ORDINANCE NO. 71-1 AN ORDINANCE AMENDING TITLE 9 , CHAPTER l, SECTION 51 of the CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, AND PROVIDING REGULATIONS GOVERNING THE U5E OF PUBLIC STREETS, AVENUES, ALLEY5, HIGHWAYS, BOULEVARDS AND PUBLIC GROUNDS LIMZTING THE WEIGHT OF LOADS AND SIZE OF VEHICLES OPFRATING THEREON; AND DECLARING AN EMERGENCY. WHEREAS, a large number of vehicles , of various heights , weights , widths and lengths, travel the public streets of the City of Grapevine; and in1HEREAS, vehicles of great size and weight creates traffic hazards and destroys the public streets and therefore affects the general welfare and safety of the citizens of the City of Grapevine, Texas, and the general public; and WHEREAS, the City Council has found that such weight, height, width, and length of vehicles must be controlled in order to protect the safety and general welfare of the citizens of Grapevine, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, THAT: SECTION 1. THAT Title 9, Chapter l, Section 51 of the City Code of the City of Grapevine, Texas is hereby amended to read as follows: Maximum Weights, Dimensions and Fees A. Except as other provided herein, it shall be un- lawful and in violation of this ordinance for any person to drive, operate or move , and/or to cause or permit to be driven, operated, or moved on any public street within the corporate limits of the City of Grapevine, any commercial motor vehicle with or without load, contrary to any of the reg- ulations contained in this section. B. (1) No commercial motor vehicle except where herein provided shall exceed a total outside width, including any load thereon, of ninety-six inches (96" ) , unless said vehicle is escorted by a police officer or b_y a vehicle equipped with at least two blinking amber lights visible to traffic in all directions , except that the width of a farm tractor shall not exceed nine feet (9 ' ) and that the limitations as to size of a vehicle stated in this section shall not apply to implements of husbandry, machinery used solely for the purpose of drilling water wells , or to highway or street- building or maintenance machinery owned or operated by or in behalf of the State of Texas or any of its political subdivisions or by the City of Grapevine, Texas. (2) No commercial motor vehicle unladen or with load shall exceed a height of thirteen feet, six inches (13' 6" ) including load. (3) No commercial motor vehicle, truck- tractor, trailer, or semi-trailer shall exceed a length of forty feet (40 ' ) except it shall be lawful for refrigeration equip- ment installed in a trailer or semi-trailer for the purpose of refrigerating the earga �hereof to overhang the frant ' of such vehicle more than forty feet (4p ' ) ; when any such truck-tractor and semi-trailer are operated in combination no such combination of a truck-tractor and serni-trailer coupled together shall exceed a total length of fifty-five feet {55' } ; and when operated in any o�her �,.., combination of such vehicles coupled tagether including but nat limited ta a ; truck and semi-trailer, truck and trailer, `'� truck-tractor and �emi-trailer and trailer, �""" or truck-tractor and two trailers , then no such o�her combina�ion of such vehicles coupled together shall exceed a length of �ix�y-five �eet (65 ' ) ; provided, however, that the pravision� af this subsectian shall no� apply �o any disabled vehicle being towed by another vehicle to an intake place for repairs ; and provided further that the above limitations shall nat apply to any mabile home or to any combina�ion af a mobile home and a motor vehicle, but no mobile home and mator vehicle cambination sha11 exceed a total length o� fi�ty-�ive feet {55 ' ) . (4) No vehicles ar combination o� vehicles, except pole trailers , �hal2 carry any load extending more than three fee� (3 ' ) beyond the front �hereof, nor more than four fee� (4 ' ) beyond the rear thereof. C. No commercial motor vehicle, �ruck-tractor, trailer, semi-�railer, nor combination of such vehicles shall be opera�ed ar caused or permit�ed �o be opera�ed upan any public street within the corpora�e limits of the City of Grapevine having a weight in excess of any one or more of the following 1imi�ations: (1) In no event shall the total gros� weight, wi�h loadr af a two {2} axle vehicle exceed thirty-one thousand (31, Q00) paunds; of a three (3) axle vehicle exceed for�y-nine thousand (49,000) pounds , o� a �our (4) axle vehicle exceed sixty-three thousand , (63, 000) pounds ; of a five (5) axle vehicle exceed seventy-twa thausand (72 , 000) pound�. (2) Na axle shall carry a load in excess of eighteen thousand (l8,OQ0) pounds. An axle load shall be defined as the total load transmitted t4 the road by all wheels whase centers may }ae included between two (2) parallel transverse verticle planes �r""' for�y inches (40" } apart, extending acros� the full width of the vehicle. �""" (3) The tatal gross weigh� concentra�.ed on the highwa_y surface from any tandem- axle group shall not exceed thirty-two thousand (32, 000) pounds �ar each such tandem-axle graup. "Tandem axle graup" is defined to be two (2) ar more axle� spaced forty inches {40" } or more agart from center to center having at least ane (1? comman point of weight su�pen�ion. -2- such vehicle be driven to the nearest available scales for the purpose of weighing. In the event the gross weight of such vehicle be found to exceed the maximum gross weight authorized by this ordinance, plus a tolerance allowance of five per cent (50) of the gross weight authorized by this ordinance, such police officer shall demand and require the operator or owner of such motor vehicle to unload such portion of the load as may be necessary to decrease the gross weight of such vehicle to the maximum authorized by this ordinance plus such tolerance allowance. Such operator or owner shall forthwith unload such vehicle to the extent necessary to reduce the gross weight thereof to such lawful maximum and such vehicle shall not be operated further over the public streets of the City of Grapevine until the gross weight of such vehicle has been reduced to a weight not in excess of the maximum limit plus such tolerance allowance. In the event the axle load of any such vehicle be found to exceed the maximum authorized by this ordinance plus a tolerance allowance of five per cent (5o) of the axle load authorized, such officer shall demand and require the operator or o�aner thereof to rearrange his cargo, if possible, to bring such vehicle and load within the maximum axle load authorized, and if this cannot be done by rearrangement of said cargo, then such portion of the load as may be necessary to decrease the axle load to the maximum authorized plus such tolerance allowance shall be unloaded before such vehicle may be operated further over the public streets of the City of Grapevine. It is further provided that in the event unload- ing is required that the police officer of the City of Grapevine is authorized to require the . vehicle to be moved to a safe location for the purpose of parking and/or unloading. (2) It shall be unlawful for any police officer, city employee, or official of the City to accept or agree to accept any gift, emolument, money or thing of value, privilege or the promise of either, from any person, firm, corporation, association, partnership, or the officers , agents, servants , or employees thereof as an inducement to enforce or attempt to enforce the weighing and unloading provisions of this ordinance. (3) It shall be unlawful for any person, firm, corporation, association, partnership, or the officers, agents , servants or employees thereof, to give, or offer to give a promise to give to any city employee, police officer or other officer of the City, any gift, emolument, money or thing of value, privilege, or th� promise of either, as an inducement to enforce or attempt to enforce the weighing and unloading provisions of this ordinance. -5- SECTION 3. Fine for Violations Any person, firm, corporation, ar any agent or employee thereof who �iolates any of the provisians of this ordinance shall be guilty of a misdemeanar and upon conviction thereof �ha11 be filed not mare than 'I'wa Hundred and NoJ100 {$200. 00) �allars far each offense. SECTION 4. Retention of Par�ial Validity If any sec�ion, subsec�ion, sentence , clause or phrase o� this ordinance is for any rea�on held to be unconstitutional, such holding �hal2 not a�fect the validity of the remaining portions of this ordinance, and o� the remainder of �his ordinance not so held �o be uncanstitutianal shall continue to be in fulZ farce and e�fect. 5ECTION 5 . Relief from Persanal Lia�ility in Enforcement of Ordinance All of the regulations provided in this ordinance are hereby declared ta be governmental and for the heal�h, safety and welfare of the general public. Any member of the City Council ar any Ci�y bfficial ar Emplayees charged with the enforcement of this ordinance, acting for the City of Grapevine in the discharge of his duites , shall not thereby render himself personally liable, and he is hereby relieved from all pers�nal liability, far any damage that might accrue to persons �r property as a result of any act required or permitted in the discharge of his said du�ies. SECTION 6. Remedies Be�ond Scope ot Ci��rdinance Any vialation of this ardinance can be enjoined by a suit filed in the name af the City of Grapevine in a court of competent jurisdiction, and this remedy shall be in additian ta an_y penal provision in this ordinance or any other ordinances af the City of Grapevine. SECTSON 7. Effective Da�e of Ordinance This ordinance sha11 be effec�ive after passage and proper newspaper publication in the afficial newspaper �f the City �f Grapevine, Texas. PASSED AND APPROVED THI5 19th day of January , 1971. Mayor, Ci�y of Grapevine, Texas ATTE5T: City �ecretary APPROVED AS T4 FQ RM: ���c.�:�. �-�.,��� City Attorney -6-