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.
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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.
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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
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