Ord. 1026-2 - 2009-06-22ORDINANCE NO. 1026-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 29, ARTICLE XVI, TRUCK TRAFFIC, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME AMENDED, PROVIDING AN EMERGENCY
CLAUSE BECAUSE THE NEED TO REGULATE TRUCK ROUTES INURES
TO THE BENEFIT OF THE TRAVELING PUBLIC; AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY, PROVIDING FOR ENFORCEMENT AND PENALTIES,
AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVID-
ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 29 of the City Code of Ordinances is hereby amended by
adding a new Article XVI, which shall be entitled "Truck Traffic." Said Article XVI of
Chapter 29 and the Sections thereof shall read as follows:
"ARTICLE XVI
TRUCK TRAFFIC
Sec. 29-351 Load Limits.
(a) It shall be unlawful for any person to operate any commercial vehicle over, on, or
upon any public street or right-of-way in the City of Pearland, Texas, other than
state-owned or maintained highways, which has a gross weight in excess of one
or more of the following limitations:
(1) The total gross weight for which the commercial vehicle is licensed with the
State of Texas; or
(2) Six hundred fifty pounds (650 lbs.) per inch width of tire upon any wheel
concentrated upon the surface of the roadway, up to twenty thousand
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ORDINANCE NO. 1026-2
pounds (20,000 lbs.) per single axle, thirty-four thousand pounds (34,000
lbs.) per tandem axle; or
(3) In no event shall the registered gross weight of any commercial vehicle
traveling on a road not designated as a truck route exceed 40,000 pounds,
including all enforcement tolerances, in the absence of a permit from the
Chief of Police; or
(4) In no event shall the registered gross weight of any commercial vehicle
traveling on a City owned and maintained road that is designated as a
truck route exceed 60,000 pounds.
(b) It shall be unlawful to operate any commercial vehicle on any state highway within
the City of Pearland with a registered gross weight or axles weight in excess of that
allowed by state law for state highways outside the limits of incorporated cities and
towns.
Sec. 29-352 Permits.
The Chief of Police may issue a permit for the travel of commercial vehicles over City
streets or state highways within the City of Pearland with Toads in excess of the load limits
provided in Section 1, but only when it is impossible or impractical to reduce the weight of
the load or use a vehicle capable of hauling the load within the prescribed limit. Such
permit shall be issued for only one (1) day and for only one (1) trip by each vehicle. The
Director of Public Works shall determine the route of travel of said vehicle and the permit
shall specify the date of the trip, the license plate number of the vehicle, and the route of
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ORDINANCE NO. 1026-2
travel. A permit fee in the amount of two hundred ten dollars ($210.00) for the issuance of
such permit shall be paid to the City Secretary by the applicant therefore, prior to issuance.
Sec. 29-353 Truck Routes.
All commercial vehicles shall confine their travel within the City of Pearland to the following
streets or highways or parts thereof:
1) State Highway 288, from north city limits to south city limits;
2) State Highway 35 (Main Street), from north city limits to south city limits;
3) FM 518 (Broadway Street), from SH 288 to east city limits;
4) Mykawa Road, from FM 518 (Broadway Street) to north city limits;
5) McHard Road, from State Highway 35 (Main Street) to Mykawa Road;
6) FM 1128 (Manvel Road) from FM 518 (Broadway Street) to south city limits;
7) FM 2234 (Shadow Creek Parkway) from State Highway 288 west to FM 521
(Almeda Road);
8) FM 865 (Cullen Road) from FM 518 (Broadway Street) to north city limits.
Each of such commercial routes shall be clearly marked a Truck Route at its intersection
with the city limits, at each intersection with other truck routes, and at such other locations
along its course as shall be deemed necessary by the Director of Public Works to
adequately designate it for commercial vehicle travel.
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ORDINANCE NO. 1026-2
Sec. 29-354 Periods of Loading and Unloading. In the event that a commercial
vehicle completely or partially Toads and/or unloads at a point which does not lie on a
designated truck route, the commercial vehicle may proceed to and from such points of
loading and/or unloading, providing that the commercial vehicle follows the shortest route
from a designated truck route to and from each point of loading or unloading or otherwise
as may be specified by the Director of Public Works.
Sec. 29-355 Exceptions.
(a) Emergency Vehicles. The operation of emergency vehicles upon any street in
the City.
(b) City Vehicles. The operation of commercial vehicles owned or operated by the City
upon any street in the City.
(c) Detoured Trucks. The operation of commercial vehicles upon detours established
by the Director of Public Works, provided such commercial vehicle could lawfully be
operated upon the street for which such detour is established.
(d) Local Operations. Any commercial vehicle traveling to and from its base of
operation or storage not located on a designated truck route, provided the base of
operation or storage is designated as a place of business on the tax rolls of the City
and was in operation prior to the passage of this Article or annexation of said base
of operation or storage into the City. For purposes of this ordinance, a landfill shall
be considered the base of operation for commercial vehicles traveling to or from its
location.
4
ORDINANCE NO. 1026-2
Sec. 29-256 Enforcement.
(1) The City Secretary shall keep and maintain accurate maps setting out truck routes
and streets upon which commercial vehicle traffic is permitted. The maps shall be
kept on file in the office of the City Secretary and shall be made available to the
public.
(2) The Chief of Police shall have the authority to require any person driving or in
control of any commercial vehicle to proceed to any municipal, public, or private
scale available for the purpose of weighing and determining whether this Article has
been complied with. Upon such weighing, if it is determined that the commercial
vehicle so weighed in excess of the load limit, then the cost of such weighing shall
be immediately due and payable by the operator of such commercial vehicle and
such commercial vehicle may be lawfully detained by the Police Department until
such charge has been paid. In the event that the weight of such commercial vehicle
is not in excess of the load limit, any charges for weighing under the terms of this
Article shall be in addition to any fine imposed for a violation of its provisions."
Section 2. Penalty. Any person who violates the provisions of this section shall
be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent
jurisdiction, be punished by a fine not to exceed Five Hundred Dollars ($500.00).
Section 3. Declaration of Emergency. The Council finds and determines that
the need to decrease allowable truck weight and to update street names and truck routes
inures to the benefit of the traveling public and, therefore, bears directly upon the health,
5
ORDINANCE NO. 1026-2
safety and welfare of the citizenry; and that this Ordinance shall be adopted as an
emergency measure, and that the rule requiring this Ordinance to be read on two (2)
separate occasions be, and the same is hereby waived.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit
of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 8. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the City
of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective
ten (10) days from and after its publication, or the publication of its caption and penalty, in
the official City newspaper.
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ORDINANCE NO. 1026-2
PASSED and APPROVED ON FIRST AND ONLY READING this the 22nd day of
June, A. D., 2009.
ATTEST:
APPROVED AS TO FORM:
Za—: Ca4,
DARRIN M. COKER
CITY ATTORNEY
7
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
JUNE 22, 2009
Voting "Aye" - Councilmembers Owens, Saboe, Beckman,
Kyle, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: June 24, 2009
EFFECTIVE DATE: July 3, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. / Date 6- ) 7 20 ____
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20oq
LAURA ANN ENI
Notary Public, State of
My Commission Expire • i9-09-j
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a Ann Emmons, Publisher
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day of
Notary Public, State of Texas
Ofat VCne.e. \ Ua(a- a
LEGALS
CODIFICATION, PUB-
LICATION AND AN
EFFECTIVE DATE.
Section 2. Penalty .
Any person who violates
the provisions of this
section shall be deemed
guilty of a misdemeanor
and shall;=Updh COt1vIcT—
tion by a court of compe-
tent Jurisdiction, be pun-
ished by a fine not to
exceed Five Hundred
/Dollars ($500.00).'
PASSED " and
APPROVED ON FIRST
(AND ONLY READING
!this the 22nd day of
,+June, A. D., 2009,
Published. June 24, ISI TOM REID
2009 MAYOR
ORDINANCE NO. ATTEST: ,
1026- • ISI YOUNG LORFING,
TRMC •
'AN ORDINANCE OF CITY.SECRETARY
!THE CITY COUNCIL
1OF THE CITY OF
IPEARLAND, TEXAS,
~AMENDING CHAPTER
29, ARTICLE XVI,
TRUCK TRAFFIC, OF
THE CITY OF VOTING RECORD
PEARLAND CODE OF FIRST AND ONLY
ORDINANCES, AS IT .READING • '
MAY HAVE BEEN, JUNE 22, 2009
FROM TIME TO TIME '
AMENDED, PROVID- .Voting "Aye" -
ING AN EMERGENCY Councilmembers
/CLAUSE BECAUSE Owens, Saboe,
(THE NEED TO REGU-, Beckman, Kyle, and
'LATE TRUCK ROUTES, Cole;
INURES TO THE BEN- +:
EFIT OF THE TRAVEL- Voting '!No" — None.
ING PUBLIC; AND,
' THEREFORE, BEARS Motion passed 5 to 0.
APPROVED AS TO
FORM:
ISI DARRIN M. COKER
CITY ATTORNEY
DIRECTLY UPON THE
HEALTH, SAFETY AND
WELFARE OF THE
CITIZENRY, PROVID-
ING FOR ENFORCE-
MENT AND PENAL-
TIES, AND. CONTAIN-
ING OTHER .MATTERS
RELATING TO THE
SUBJECT; PROVIDING
PUBLICATION' DATE:
June 24, 2009
EFFECTIVE DATE:
July 3, 2009
PUBLISHED AS
REQUIRED _BY SEC-
TION 3.10 OF THE
A PENALTY FOR VIO- CHARTER OF THE,
LATION; HAVING A CITY OF PEARLAND,
SAVINGS CLAUSE, A TEXAS
REPEALER CLAUSE,
A" SEVERA,BILITY
C L A U S E;
IIPROVID-1ING FOR