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HomeMy WebLinkAboutItem 09 - Traffic Ordinance CC ITEM#9 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGEROL MEETING DATE: MAY 7, 2012 SUBJECT: REVISIONS TO TRAFFIC ORDINANCE RELATING TO COMMERCIAL AND OTHER OVERSIZED VEHICLES RECOMMENDATION: City Council to consider adopting an ordinance amending Chapter 23 Traffic, Article VI Commercial and Other Oversized Vehicles, of the City Code of Ordinances to repeal sections that repeat or conflict with State Law, eliminate unnecessary provisions, establish updated truck routes, and retain existing parking restrictions. BACKGROUND: Most of Chapter 23, Article VI of the Code of Ordinances was adopted in 1967 and 1971, with the last substantial changes made to the City's designated truck routes in 1979. The extent and nature of both the state highway system and the City's arterial street network have changed dramatically since that time, as has the degree of development and land uses in some areas of the City. Therefore, at the initial request of the Police Department, and considering the out-dated nature of the current ordinance, a major overhaul of Article VI is proposed. This item was discussed at the Council Workshop on April 16, 2013, and Council comments have been incorporated into the proposed revisions. The proposed ordinance deletes most of the sections from the existing code in their entirety and revises others. any of the sections proposed for deletion are being removed because they duplicate provisions of existing state law (primarily the Transportation Code, Title 7, Subsection E). Eliminating duplicate provisions ensures that any future changes to state law will not conflict with the City Code of Ordinances. In the absence of a specific local ordinance, the state law would govern on its own, but the Transportation Code has also been specifically adopted by the City of Grapevine under Chapter 23, Section 23-1. The adoption of additional ordinances restating state law adds unnecessary complexity for law enforcement officers and poses the possibility that confusion, contradictions or loopholes will be created. The following sections of the existing Article VI are proposed to be deleted. Sec. 23-70 — Definitions. The State Transportation Code includes standard definitions of all terms as needed. May 1,2013(4:45P M) CC ITEM#9 Sec. 23-71 — Maximum weights and dimensions — Compliance. In the current Code, this section is redundant and unnecessary. Sec. 23-72 — Maximum weights and dimensions —Width, height, length. In the current Code, this section spells out maximum vehicle dimensions. Maximum legal dimensions are already specifi ed in state law and the minimal variations in the current City Code as compared to state law do not provide a meaningful benefit to Grapevine. 0 Sec. 23-73 — Maximum weights and dimensions —Weight. In the current Code, this section spells out maximum vehicle weights. Maximum legal weights are specified in state law and the minimal variations in the current City Code as compared to state law do not provide a meaningful benefit to Grapevine. Also, the current Code includes two specific weight restrictions on bridge or culvert structures that no longer exist. There are no roadway structures in Grapevine that require maximum weight restrictions at this time. 0 Sec. 23-74— Maximum weights and dimensions — Exceptions. In the current Code, this section provides exceptions from the maximum weight, width, height, and length requirements which are not included in, and therefore are in conflict with, state law. 0 Sec. 23-75 — Maximum weights and dimensions — Permit. In the current Code, this section outlines a process and requirements fora City- issued permit for overweight or oversized vehicles. However, no such process exists in practice, and no City department issues such permits. Permits for such vehicles are issued by the Texas Department of Transportation. 0 Sec. 23-76 — Maximum weights and dimensions — Weighing loaded vehicles by police officers. In the current Code, this section authorizes "any police officer oft city having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful" to have such a vehicle weighed. This appears to extend enforcement authority beyond what is authorized under state law. The Police Department has officers that are specifically trained and certified in commercial vehicle enforcement issues, and sot extension of this authority to all officers is not necessary. 0 Sec. 23-77 — Truck routes —Applicability to inter-city vehicles. In the current Code, this section restricts the routes of only those trucks traveling between cities. The proposed revisions to See. 23-79 will apply to all trucks, making it unnecessary to establish specific regulations solely for inter-city vehicles. April 29,2013(12:23PM) CC ITEM#9 • Sec. 23-78 —Truck routes — Applicability to intra-city vehicles. In the current Code, this section restricts the routes of only those trucks traveling within the City of Grapevine. The proposed revisions to See. 23-79 will apply to all trucks, making it unnecessary to establish specific regulations solely for intra-city vehicles. The following sections of the existing Article VI are proposed to be revised and renumbered. Sec. 23-79 — Truck routes — Designated; truck traffic prohibited elsewhere. This section is proposed to be revised to provide all new descriptions of the City's designated truck routes. The proposed routes are listed in the ordinance and illustrated in Exhibit A, attached. If approved, this exhibit will also be filed with the City Secretary's office and made available on the City website. A truck is defined in state law (Transportation Code, See. 541.201) as "a motor vehicle designed, used, or maintained primarily to transport property", so this would allow for enforcement of truck routes based on the vehicle type, without the need to actually weigh a vehicle to determine if it meets a minimum weight threshold. The revised truck routes were discussed in detail in the Workshop, and, at Council direction, are proposed to be limited to state and interstate highways. It is proposed to include as truck routes several roadways that are under state jurisdiction, but are listed separately in the ordinance under their more commonly used names. This is intended to reduce any possible confusion for operators and law enforcement as to whether a roadway is or is not a state highway. This includes Northwest Highway, Ira E. Woods Avenue from the new flyover ramps near Walmart to the westbound frontage road intersection opposite Baylor Parkway, and William D. Tate Avenue south of State Highway 114. An its is also included in the proposed revision to this section to prohibit the transportation of hazardous materials on Fairway Drive. Although there is minimal truck activity on this roadway at present, it is a commonly used shortcut to and from Flower Mound by other traffic, and its use may continue to grow in the future as additional development takes place in Flower Mound, and also when future construction increases congestion on FM 2499. It is undesirable for hazardous cargo to be transported on this road due to its narrow, confined design and the significant security and environmental concerns associated with transporting hazardous materials over the dam and spillway. Therefore, staff recommends proactively addressing this issue at the same time the rest of this article is being overhauled. May 1.2013(4:45PM) CC ITEM#9 Sec. 23-80 — Parking of trailers and oversized vehicles on city streets. In the current Code, this section deals strictly with parking. It is recommended that the existing language remain unchanged. to recommends approval. 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DFW Airport LADE 97 R - ? �`� _ €C' ;' i° `. � City Boundary �' 0 05 1 Mies L r { a j E T:.. @ � !�� r�,M«,-, 5_. i �4 °^{ Pw7 --- ----------- __ I 17-71 �V1J CC ITEM# ORDINANCE ORDINANCE AN THE CITY IL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE ORDINANCES CODE OF TRAFFIC, TI L I COMMERCIAL AND OTHER OVERSIZED VEHICLES; AUTHORIZING THE ERECTION TRAFFIC OF Tf ; REPEALING CONFLICTING I NANCES; PROVIDI OF FINE NOT TO EXCEED THE SUM OF FIVE DOLLARS ($500.00) FOR EACH OFFENSE AND A OFFENSE SEPARATE DURING EACH DAY I CONTINUES;OCCURS OR PROVIDING I DECLARING PROVIDING TI T NOW, THEREFORE, BE IT I NED BY THE CITY COUNCIL I OF GRAPEVINE, Section 1. That Chapter 23 Traffic, Article VI Commercial and Other Oversized Vehicles, of the r vi of Ordinances, is r eby amended in its entirety to read as follows: "ARTICLE I. COMMERCIAL AND OTHER OVERSIZED I L Sec. -70. Truck routes — Designated; truck r is prohibited elsewhere. ( It shall be unlawful to operate commercial t r vehicle on n street in the city except o the following descri streets and highways located in the city, n in c hed Exhibit `° file in the office f the city secretary: (1) AAll state i y interstate hi it i the city, including associated frontage roads, service roads, ; ( ) Grapevine Mills Boulevard from to i y 121 on the east; Bass Pro Drive from t ate Highway 26 on the the Grapevine city limit on the ; Northwest Highway from t t e Highway 114 on the west to Highway 26 on the east; ( ) Ira c nu from the t Highway 26 Direct Connector Ramps on the west to the State i 114 westbound frontage road on and ( ) William D. Tate u from t to Highway 114 on the north to the Grapevine city limit south. CC ITEM# ( It shall be unlawful t r ns port hazardous mat ri I in a particular form and un regulated the nit States Secretary of Transportation under 49 U.S.C. § 5103 on i Drive from h Grapevine city limit n the to t e Highway 26 on the ut . (c) The provisions this section shall not apply: (1) To vehicles traveling to or from a place of performing a service r a place loading r unloading off of a designated truck route, using the shortest practicable route from n d back to the designated truck route. The operators such vehicles Il carry vi c of the location I c of performing a service or the place loading or unloading in order for this exception to l ; ( ) To emergency vehicles operating in response to any emergency call; ( To vehicles r t public utility or political subdivision while cruising in ssin area for the uro inspecting the facilities of i agency and/or providing maintenance i to said ciliti s. ( ) The city manager has the authority to place or have placed ro ri t signs as are deemed necessary notify r t r of vehicles that truck traffic is prohibited. However, the failure of the city manager to erect any such i CI not be a defense violation of this article, provided the truck route map has n filed with is the city secretary. Sec. 23-71. Parking of trailers commercial n y r iz vehicles city streets. ( ) It shall be unlawful t r trailer on any street, alley, public right-of- way, including si ! s and drive approaches in lic right-of-way, of the city. This section h II not prevent the parking or standing of a trailer for the purposes of expeditiously loading r unloading passengers, freight or merchandise. It shall be unlawful t r any oversized vehicle, commercial v icl , on tr t, alley or public right-of-way city. This section shall not prevent the r i or standing of an oversized vehicle, or commercial vehicle, r the purposes of expeditiously loading r unloading passengers, freight or merchandise, such y r iz vehicle or commercial v icl o s not obstruct normal passage of vehicular r is on such street, alley or public right-of-way. (c) This section shall not apply to the above-mentioned commercial v icl used lic service utility companies in repairing r extending public service utilities or to such vehicles used uri construction at construction site, or any commercial vin vehicle iv I y engaged in 2 CC ITEM# moving operation. T i section shall also not l any vehicle in tr construction, maintenance or repair. ( This cti II not prevent the r in or standing y trailer or commercial v icl s or oversized vehicle in providing services r materials location on the same street, II r public right-of-way of the city on which the trailer or oversized vehicle is r provided the trailer or oversized vehicle complies it the Il i (1) The trailer or oversized vehicle ust not obstruct normal passage of vehicular r is on tr eet, alley or public right-of-way. (2) The trailer or oversized vehicle complies it all other laws and regulations. ) This section shall not prevent the r in or standing of recreational vehicles, r cr ti n l trailers, motor homes or boats on same street, alley or public right-of-way of the city i ot to exceed hours." Section That i Manager, or his agent, is r authorized v the proper traffic signs erected, constructed, n I such in along said highways, streets or alleys, or portions thereof under construction, i n c , or repair, so that travelers will be reasonably notiff i traffic regulations. Section 3. That all ordinances or any parts thereof in conflict with the terms f this ri shall be and hereby are repealed no r effect provided, however, that the ordinance or or i s under which the cases currently filed pending in the Municipal Court of the i of Grapevine, Texas shall be deemed repealed my when all such cases filed and in under such ordinance or ordinances hav i of by a final conviction or a finding of not it , n l contendere, or dismissal. Section 4. That any person, firm or corporation vi i y of the r vi i of this ordinance sh ll be deemed guilty misdemeanor, and upon conviction in the Municipal Court, shall be fined in an amount not to exceed the sum of ive Hundred Dollars ($500.00) for each offense separate s shall be deemed committed each day during or on which an offense occurs or continues. Section 5. That if ci , article, aph, sentence, clause, r r word in the ordinance, or application thereto o or circumstance is held invalid or unconstitutional by a Court competent jurisdiction, such l i shall not affect the validity of the remaining i of this ordinance; the i Council hereby declares it would have such remaining i this ri n ce despite such invalidity, which remaining i n shall remain in full force c . 3 CC ITEM# Section . That the fact that the r s nt ordinances and regulations of the City of Grapevine, Texas do not adequately regulate r is within the City creates emergency r do of the public health, safety, if r requires that this r in nc take effect immediately r n r the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL THE CITY GRAPEVINE, TEXAS on this the 7th day of y, 2013. ATTEST: APPROVED AS TO FORM: