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.
JSL/MP
April 29,2013(12:23PM)
l
Y OF GRAPEVINE -Authorized Truck Routes
sf� CC ITEM#9
//i- f ' 1.� :r r{/ S r/r {�r l✓i�r fi'f f // r;% fj�.. ; r
✓/ �', r�l / rl rr rrr%r r ll/rt / > .rl -ryrzT ar
r%/z f '� �/f � �/�� .: ��J if rr l r { zj tai%.r1f��?a f✓ ,��✓�� /tea � f.. �
rill {fffiff' �l � /�f:'� ✓�l� r� f l rf% r ��^si:'r".--' s f r :l�r'"fl��rll lfj£'`i��/�'+�f.� i_...,, �m � ::
r � "'ar✓ �?z �»,sv, f .:/r/{ �{✓'fi >t/f/rf 1{,,,j'z{{ f i�l�✓}�s��s�r�S�s`fi� 'l�shf.�i's..:, I '<.Lt '§ '�� '"
sam'�;: //r h' � ,&r-.. � ��f' // l�r�///rrtjf� /'rf/:z/ ;rzyf l fr�rz'�l���f��'£�a� at£2iS jst ..,..,,,,y+� °�.£ ��� —.._...---•' �a��
��' �� �"'"� '--- / �f r f {r✓� t� ✓�{ �/,�r�azs{�/r fl t/fr,"?r r/r;r f �t�rrr ,,�i
' / /1 a✓/✓✓ ✓� r/'s r % r r t3Tr r x s
' i � i�jr fr//r/�7>s-'°<„%fi srjr�fj'✓x�m/ ���/r�"�' ��,-sS;�Tr��ri-?/�!�rfs��r��f.,;{z'�` •,.�°' 9 4.:
Al
r r r r 21
r HaZar�l 0 us m afi ►
J
a
g@ � 4{'' d �- - :ly�.;�i,-!�� ,✓t�rif-'J'rz %A?,zy 2r1?ir",'t r!f z f y
� �
L f_
_.°4 ::. ✓ �5, 4 r :..,.ii_. � -. i� � f `��k�F�s/�Sz fr/rrfrrjar'o��l���rf�f£zf����,j���p ,; � .:
! �! 3 � �' y. €�•�� £'� 2`r��f..23�J�{S3�'rh���j`�,�F3�'�� ,e
will ir��r����
y l fi l r
e L
I _l v uq tt
p r j yr' S � lIR�
t i
,,..•€ n
_ rd
26
t __
s'
Et
,-LJ I VER c
J, ' e
t,
a L �-
i � T x �a
El
ICJ p ECT �
✓g WJ.r t KT
r
lE el
ILL I_. =
fi
E i
® § , ✓ # # ,
f4i i s ��
E
'
Ell'
r �, ��_7 Authored Truck Routes
Y
-� .
. 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: