O88-03Ordinance No. 88 -3
AN ORDINANCE REGULATING TRUCK TRAFFIC; DESIGNATING
CERTAIN STREETS AND HIGHWAYS AS TRUCK ROUTES; PRO-
VIDING FOR PENALTIES PUBLICATION AND EFFECTIVE DATE
Section I
An ordinance designating certain streets and highways within the
corporate limits of the City of Kennedale as truck routes.
A. Requirements - No person shall operate upon any public street
or highway within the corporate limits of the City of Kennedale
Texas, any commercial motor vehicle, truck tractor, road tractor
trailer, semi trailer, pole trailer, mobile home, modular home,
manufactured housing, or any combinat ion thereof over 10,000 pounds
gross weight, except on such streets and highways as are designa-
ted as truck routes by this ordinance unless granted a permit as
provided herein.
B. Affirmative Defense - It shall be an Affirmative Defense to
Subsection (A) if a commercial vehicle was traveling to or from
a truck route over the shortest practical route or to or from a
truck terminal, garage, place of repair, place of performing a
service, or a place of loading or unloading within the City limits.
A commercial vehicle shall be permitted to proceed from a truck
terminal, garage, place of repair, place of performing a service
or a place of loading or unloading when such place is not on a
designated truck route provided the operator of such commercial
vehicle proceeds to the designated truck route by the shortest
practical route. The operator of any commercial vehicle shall
carry evidence of the location of its last stop and of its immedi-
ate destination in order for this Defense to apply.
As used in this article, the following terms shall have the mean-
ings respectively ascribedt them:
COMMERCIAL'., MOTOR VEHICLE: Any motor vehicle (other than a motor-
cycle or passenger car) designed or used primarily for the trans-
portation of property, including any passenger_ car which has been
reconstructed so as to be used, and which is being used, primarily
for delivery purposes, with the exception of passenger cars used
in the delivery of the United Stated mail.
MOBILE HOME: A living quarters unit equipped and used for sleep-
ing and eating which may be moved from one location to another over
a public street by being pulled behind a motor vehicle.
MOTOR VEHICLE: Every vehicle, as herein defined, that is self -
propelled.
POLE TRAILER: A vehicle without motive power designed to be drawn
by another vehicle and attached to the towing vehicle by means
of a reach, or pole, or by being boomed, or otherwise secured to
the towing vehicle and ordinarily used for transporting long or
irregular shaped loads such as poles, pipes or structual members
Page 2
capable, generally, of sustaining themselves as beams between the
supporting connections.
SEMITRAILER: a vehicle of the trailer type so designed or used
in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests upon or is carried by such
motor vehicle.
TRAILER: Every vehicle designed or used to carry its load wholly
on its own structure and to be drawn by a motor vehicle.
TRUCK - TRACTOR: A motor vehicle designed or used primarily for
drawing other vehicles and not so constructed as to carry a load
other than a part of the weight of the vehicle and load so drawn.
VEHICLE: Every device in or by which any person or property is
or may be transported or drawn upon a public highway, except devices
moved only by human power or used exclusively upon stationary rails
or tracks.
Use of truck routes and commercial delivery routes by inter -city
vehicles.
(a) No person shall operate or cause to be operated any truck -
tractor, trailersemi trailer, pole - trailer, mobile home, modular
home, manufactured housing, for any combination thereof through
the city in inter -city travel, without a local destination or point
of origin, except upon such streets as are designated as truck
routes by this article.
(b) No person shall operate or cause to be operated any commercial
motor vehicle through the city in inter -city travel without a local
destination or point of origin, except upon such streets as are
designated as truck routes or commercial delivery routes by this
article.
Use of truck rout?--•s generally; required; exceptions.
(a) Required: Except as otherwise provided herein, no person
shall operate or cause to be operated upon any public street with-
in the city any commercial motor vehicle truck - tractor, trailer,
semitrailer, pole trailer, mobile home, modular home, manufactured
housing, or any combination thereof except on such streets as are
designated as truck routes by this article; such vehicles shall
be operated on a truck route wherever reasonably practicable.
(b) Exceptions: The provisions of this section shall not apply:
(1) To a vehicle traveling to or from a truck terminal, garage,
place of repair, place of performing a service, or a place
Page 3
of loading or unloading, over the shortest practicable route
to a point on a truck route; any such vehicle shall be per-
mitted to proceed from one such point not on a truck route
to another such point without returning to a truck route if
to so return would unreasonably increase the distance to be
traveled between such points; the operator of any such vehicle
shall cary evidence of the location of its last stop and of
its immediate destination in order for this exception to apply;
(2) To emergency vehicles operating in response to any emergency
call;
(3) To vehicles operated by a public utility while cruising in
an assigned area for the purpose of inspecting the facilities
of said public utility and /or providing maintenance service
to said facilities:
(4) To vehicles used for collecting trash and garbage, limited
to vehicles owned by the State, Federal Government, any polit-
cal subdivision of the State of Texas, and those vehicles
operated by the contractor for refuse collection with the
City of Kennedale.
Truck routes and commercial delivery routes described; erecting
signs; alternate.
(a) The following streets and parts of street are designated
TRUCK ROUTES under this article:
East and West Mansfield Highway, east to the city limits and west
to the city limits.
(b) The following streets and parts of streets are designated
as COMMERCIAL DELIVERY ROUTES under this article:
(1 ) Eden Road.
(2) Mansfield Cardinal from Eden to Tower Drive.
(3) Little School Road from the north city limits south to
Pennsylvania Avenue.
(c) The designated city official shall erect appropriate signs
and markings to designate the truck and commercial delivery
routes described herein.
(d) Whenever any street designated as a truck and /or commercial
delivery route is being repaired or is otherwise temporarily
out of use, the Chief of Police is hereby authorized to desig-
nate alternate truck and /or commercial delivery routes for
such period as might be necessary.
Page 4
Oversize and overweight vehicles - Compliance.
Except as otherwise provided herein, it shall be unlawful 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 city
any commercial motor vehicle with or without load, contrary to
any of the regulations contained in sections above.
Size.
(a) 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 on behalf
of the State or any of its political subdivisions or the City.
(b) No commercial motor vehicle shall exceed a total outside width,
including any load thereon, of one hundred and two inches. (102)
inches.
(c) No commercial motor vehicle unladen or with load shall exceed
a height of thirteen (13) feet, six (6) inches including load.
(d) No commercial motor vehicle, truck - trailer, trailer or semi-
trailer, except pole trailers shall exceed a length of forty -five
(45) feet except semi trailers which shall exceed a length of
fifty -seven (57) feet except when such vehicle, and when operated
in combination or such combination of vehicles coupled together
shall exceed a total length of sixty -five (65) feet; provided,
however, the provisions of this subsection shall not apply to
any disabled vehicle being towed by another vehicle to an intake
place for repairs; and provided further, the above limitations
shall not apply to any mobile home or modular home or to any
combination of a mobile home /modular home and a motor vehicle,
but no mobile home /modular home and motor vehicle combination
shall exceed a total length of fifty -five (55) feet.
(e) No vehicle or combination of vehicles, except pole trailers,
shall carry any load extending more than three (3) feet beyond
the front thereof, nor more than four (4) feet beyond the rear
thereof.
Weight
(a) Except as otherwise provided herein, it shall be unlawful
and in violation of this Code for any person to drive, operate
or move, or to cause or permit to be driven, operated or moved
on public property, public sidewalks, or a public street other
than a state or federal highway within the corporate limits of
the city, any commercial motor vehicle, truck - tractor, trailer
or semi - trailer or combination of such vehicles having a weight
in excess of one or more of the following limitations:
Page 5
(1) No such vehicle or combination of vehicles shall have a
greater weight than twenty thousand (20,000) pounds
carried on any one (1) axle; or with a tandem -axle
weight in excess of thirty -four thousand (34,000) pounds;
or with an overall gross weight on a group of two (2)
or more consecutive axles calculated by application of
the following formula
W = 500 (LN + 12N + 36)
N -1
WHERE:
W = Overall gross weight on any group of two (20 or
more consecutive axles to the nearest five
hundred (500) pounds;
L = Distance in feet between the extreme of any
group of two (2) or more consecutive axles; and
N = Number of axles in group under consideration,
except that two (2) consecutive sets of tandem
axles may carry a gross load of thirty -four
thousand (34,000) pounds each, providing the
overall distance between the first and last
axles of such consecutive sets of - tandem axles
is thirty -six (36) feet or more; provided, that
such overall gross weight may not exceed eighty -
thousand (80,000) pounds.
(b) Vehicles used exclusively to transport ready -mixed concrete
shall be operated in accordance with the following rules and
regulations governing the operation of vehicles to transport ready
mixed concrete over public highways mainainted by the city;
(1) No single axle load shall exceed twenty thousand (20,000)
pounds.
(2) No tandem -axle load shall exceed thirty -six thousand (36,000)
pounds.
(3) No gross load shall exceed sixty -four thousand (64,000)
pounds.
(4) No such vehicle shall be operated unless it shall be
equipped with a functioning device attached to the
concrete chute which is designed to trap concrete and
which is in proper position to trap concrete at all times
when said vehicle is operated on a public street within the
city.
Page 6
(c) Vehicles used exclusively to transport milk may be operated
if the distance between the front wheel of the forward tandem
axle and the rear wheel of the rear tandem axle, measured
longitudinally, is at least twenty -eight (28) feet, and the
maximum load carried on any group of axles does not exceed sixty -
eight thousand (68,000) pounds.
(d) Vehicles used exclusively to transport solid waste (except
hazardous waste), as defined in the Solid Waste Disposal Act,
V.A.T.C.S., Article 447707, may be operated upon the public
streets of the city with a tandem -axle gross load not to exceed
twenty thousand (20,000) pounds and a gross load for the vehicle
not to exceed sixty -four thousand (64,000) pounds, provided that
where the vehicle is to be operated with a tandem -axle load in
excess of thirty -four thousand (34,000) pounds, the owner shall
have first filed with State Department of Highways and Public
Transportation a surety bond as required by V.A.T.C.S., Article
6701d -19a.
(e) No vehicle or combination of vehicles shall have a greater
weight than six hundred (600) pounds per inch width of tire upon
any wheel concentrated upon.the surface of the highway and using
high - pressure tires, and a greater weight than six hundred fifty
(650) pounds per inch width of tire upon any wheel concentrated.
upon the surface of the highway and using of eight thousand
(8,000) pounds on high - pressure tires and ten thousand (10,000)
pounds on low - pressure tires, nor any axle load in excess of six-
teen thousand .(16,000) pounds on high - pressure tires, and twenty
thousand (20,000) pounds on low - pressure tires.
(f) In this section, an axle load is defined as the total load
transmitted to the road by all wheels whose center may be included
between two (2) parallel transverse vertical planes forty (40)
inches apart, extending across the full width of the vehicle.
Tandem -axle group is defined as two (2) or more axles spaced
forty (40) inches or more apart from center to center having
at least one (1) common point of weight suspension.
Permit
(a) Upon written application timely made by any person who desires
to operate or cause to be operated on the public streets within
the overweight or oversize provision for the transportation of
such commodities as cannot be reasonably dismantled, where the
gross weight or size of the vehicle and its load exceed the
limits allowed by this article, the police department after con-
sulting with the office of the administrator, shall issue a trip
permit for the operation of such equipment or fleets of equipement
for a specified period of time, over a route or routes to be
designated by the Chief of Police if such routes can be determined
at the time application for the permit is made.
Page 7
(b) The application for the trip permit provided for in this
section shall be in writing and contain the following:
(1) The kind of equipment to be operated, with a complete
description of same and a statement as - to its weight.
(2) The kind of commodity to be transported and a certificate
as to its weight.
(3) The street or streets over which the equipment is to be
operated and the dates and the approximate time of said
operation, and the number of trips to be made, except
when the nature, route, time or frequency of operation
cannot be determined at the time the permit is issued.
(4) The application shall be dated and signed by the applicant.
(c) Before a trip permit is issued under this section, the appli-
cant for same shall file with the office of the City Secretary a
bond in an amount to be set and approved by the City Administrator.
The amount of such bond shall not exceed the product of the number
of vehicles for which a permit is sought multiplied by ten thousand
dollars($10,000.00); said bond shall be payable to the city and
conditioned that the applicant will pay to the city the sum of money
necessary to repair any damage which might be occasioned to any
public street or publicly -owned fixture appurtenant to such street
by virtue of operation of any commercial vehicle under said permit.
Venue of any suit for recovery upon said bond shall be in this
county, and any bond issued hereunder shall contain an unambiguous
contractual provision to that effect.
(d) A twenty -five dollar ($25.00) fee shall be charged for each
trip permit. The proper fee shall accompany.each application for
permit and shall be made in cash or by cashier or certified check
or postal money order. The fee shall be returned if the applica-
tion is denied.
(e) Any permit issued hereunder shall include at least the
following:
(1) The name of the applicant, the date, a description of the
equipment to be operated and a description of the commodity
to be transported.
(2) The signature of an authorized member of the police depart-
ment and any other designated city office.
(3) The time for which permit is issued.
(4) The specified streets over which the equipment is to be
operated, insofar as it can be determined at the time
the permit is issued.
Page 8
Spillage
It shall be unlawful for any person to operate or cause to be
operated any commercial motor vehicle on a public street of the
city in such manner as to permit any portion of its cargo, either
liquid or solid, to fall out of, spill from, or blow out of such
vehicle.
Light weight vehicles excepted.
The provisions of this article, except section of spillage, shall
not be applicable to any vehicle which has a gross weight - not
exceeding ten thousand (10,000) pounds.
Section II
Any person, firm or corporation violating this Ordinance shall
be guilty of a Misdemeanor and shall be fined an amount not to ex
ceed $200.00.
Section III
This Ordinance is directed to be published as required by law
and shall be effective from and after publication.
Passed in open session by the City Council of Kennedale, Texas on
j0 d", day of 1988.
�
t`Mayor
Attest
City Secretary=
B & B Publishing, Inc.
833 East, Enon
P.O. Box 40230
Everman, TX,76140 -0230
Publishers Of:
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT :
Phone (817) 478 -4661
C�Ffipr ( # undersigned authority, on this day personally
SHIRLEY D'OWKEB
appeared , who having been duly sworn, says
upon her oath:
That she is the A.esociate Editor I of the Kennedale news
which is a weekly newspaper published in Tarrant County, Texas,
with a general circulation in the city of Kennedale
Texas; and that a copy of Ord. # 88 -3
which is attached to this affidavit, was published in Said newspaper
on the following date(s) to wit; June 9th, 1988
EXECUTED THIS 1st DAY OF July 11988.
Shia ey F kes
SUBSCRIBED AND Z'OR TO BEFORE ME THIS THE Ist DAY OF
July , 1988
G
OTARY PUBLIC
STATE OF TEXAS
EVERMAN TIMES
KENNEDALE NEWS
FOREST HILL NEWS
SOUTH COUNTY ADVERTISER
COMMERCIAL WEB PRINTERS
E
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#73(GRM(117901)
POLISHED
Attest: #61 (B&W) (766396)
Linda Jones
City Secretary 6
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#52 (PB) (842430)
ANTIQUE B
SOLID ROSE 52 11 FAN BLAD1
WITH LIGHT KIT