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Home My WebLink AboutORD 1999-129 ORDINANCE NO. 99-129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, ARTICLE VI, COMMERCIAL AND OTHER OVERSIZED VEHICLES, SECTION 23-70 DEFINITIONS AND SECTION 23-80 RELATIVE TO PARKING OF TRAILERS AND PARKING OF OVERSIZED VEHICLES; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, ��-� TEXAS: Section 1. That Chapter 23, Traffic, Article VI. Commercial and Other Oversized Vehicles, Section 23-70, Definitions, is hereby amended by the addition of the following terms: "Oversized vehicle means any vehicle with an overall length of twenty-five (25) feet or more. Commercial vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (a) has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or (b) has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds) or more; or ��,�, (c) is designed to transport 16 or more passengers, including the driver; or �� (d) is of any size and is used in the transportation of materials found to " ' be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFT part 172, subpart F). Section 2. That Chapter 23 traffic, Article VI. Commercial and Other Oversized Vehicles, Section 23-80 Parking of oversized vehicles on City streets, is hereby amended in its entirety to read as follows: "Section 23-80. Parking of trailers and oversized vehicles on City streets. a. It shall be unlawful to park any trailer on any street, alley, or public right-of- way, including sidewalks and drive approaches in the public right-of-way, of the City. This section shall not prevent the parking or standing of a trailer for the purposes of expeditiously loading or unloading passengers, freight or merchandise. b. It shall be unlawful to park any oversized vehicle, or commercial vehicle, on any street, alley or public right-of-way of the City. This section shall not { prevent the parking or standing of an oversized vehicle, or commercial vehicle, for the purposes of expeditiously loading or unloading passengers, �� freight or merchandise, providing such oversized vehicle or commercial vehicle does not obstruct normal passage of vehicular traffic on such street, alley or public right-of-way. c. This section shall not apply to the above mentioned commercial vehicles used by public service utility companies engaged in repairing or extending public service utilities or to such vehicles used during construction at a construction site, or any commercial moving vehicle actively engaged in a moving operation. This section shall also not apply to any vehicle engaged in street construction, maintenance or repair. d. This section shall not prevent the parking or standing of any trailer or oversized vehicle engaged in providing services or materials to a location on the same street, alley or public right-of-way of the City on which the trailer or oversized vehicle is parked, provided the trailer or oversized vehicle complies with the following: i. The trailer or oversized vehicle must not obstruct normal passage of vehicular traffic on any street, alley or public right-of-way. -m,:,.� ii. The trailer or oversized vehicle complies with all other laws and regulations. ORD. NO. 99-129 2 e. This section shall not prevent the parking or standing of recreational vehicles, recreational trailers, motor homes or boats on the same street, alley or public right-of-way of the City for a period not to exceed twenty-four (24) hours." Section 3. That the City Manager or his designee, is hereby authorized to have the proper traffic signs erected, constructed, and placed at such points along said highways, streets or alleys, or portions hereof under construction, maintenance or repair so that travelers will be reasonably notified of said traffic regulations. Section 4. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be deemed �°� committed upon each day during or on which a violation occurs or continues. � Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of September, 1999. APPROVED: ��,� / William D. Tate Mayor ORD. NO. 99-129 3 ATTEST: , � Lind Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney �� ..;� ORD. NO. 99-�29 4