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Ord. 0315 08-23-76r ORDINANCE NO. 315 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ESTABLISHING LOAD LIMITS ON STREETS WITHIN THE CITY, ESTABLISHING PERMITS, ESTABLISHING TRUCK ROUTES, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER MATTERS RE- LATING TO THE SUBJECT. WHEREAS, the City Council of the City of Pearland, Texas deems it advisable that load limits be placed upon streets within the City and that truck routes within the City be designated to eliminate unnecessary wear and damage to the streets of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: That the Code of Ordinances of the City of Pearland, Texas, is hereby amended by adding an Article to Chapter 29 of the Pearland Code of Ordinances which shall be numbered Article XVI an shall be entitled "Truck Traffic". Said Article XVI of Chapter 29 and the Sections thereof shall read as follows: ARTICLE XVI Truck Traffic Sec. 1. - 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 Highways, which has a gross weight in excess of one or more of the following limitations: (1) The total gross weight for which the com- mercial vehicle is licensed with the State of Texas; or (2) Six hundred fifty pounds (650 lbs.) per inch width of tire upon any wheel concen- trated upon the surface of the roadway, up to twenty thousand pounds (20,000 lbs.) per single axle, thirty-four thousand pounds (34,000 lbs.) per tandem axle; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula: LN W=500 (N=1 + 12N + 36) where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet be- tween the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 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; (3) In no event shall the gross weight of any truck exceed eighty thousand (80,000 lbs.), including all enforcement tolerances, in the absence of permit from the Chief of Police. (b) It shall be unlawful to operate any commercial vehicle on any State Highway within the City of Pearland with a gross weight or axle weight in excess of that allowed by State law for State Highways outside the limits of incorporated cities and towns. Sec. 2. 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 loads in excess of the load limits provided in Sec. 1, but only when it is impossible or imprac- tical 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 deter- mine 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 travel. A permit fee in the amount of ten dollars ($10.00) for the issuance of such permit shall be paid to the City Secretary by the appli- cant therefor, prior to issuance. Sec. 3. Truck Routes All commercial vehicles shall confine their travel within the City of Pearland to the following streets or highways or parts thereof: (a) State Highway 35 (Main Street), from North City Limits to South City Limits. (b) FM 518 (Broadway Street), from West City Limits to East City Limits. (c) Mykawa Road, from Orange Street to North City Limits. (d) Orange Street, from 01d Alvin Road to Woody Road. (e) Woody Road, from FM 518 (Broadway Street) to Orange Street. (f) Knapp Road, from State Highway 35 (Main Street) to Mykawa Road. (g) 01d Alvin Road, from State Highway 35 (Main Street) to Orange Street. (h) Walnut Street, from FM 518 East (Broadway Street) to FM 518 West (Broadway Street). (i) Magnolia Street, from State Highway 35 (Main Street) to McLean Road. (j) Pearland Sites Road, from Walnut Street to South City Limits. (k) McLean Road, from FM 518 (Broadway Street) to South City Limits. (1) Dixie Farm Road, from FM 518 (Broadway Street) Southwest to City Limits. Each of such commercial routes shall be clearly marked "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. Sec. 4. Periods of Loadin and Unloadin In the event that a commercial vehicle completely or partially load5and/or unloadsat a point which does not lie on a designated truck route, the commercial vehicle may proceed to and from such tpoints loading hecommercialveand/or unloading, 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. 5. Excens This Article shall not prohibit: (a) Emergency Vehicles. The operation of emergency vehicles upon any street in the City. (b) City Vehicles. The operation of commercial ve ih cles owned or operated by the City upon any street in the City. (c) Detoured Trucks. The operation of commercial ve is es upon etours established by the Director of Public Works, provided such com- mercial vehicle could lawfully be operated upon the street for which such detour is established. (d) Local 0 erations. Any commercial vehicle trave ing to an from its base of operation or storage not located on a designated truck route, provided its 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. (e) Prior 0nerations. Nothing in this section s be construed to deny the operation of any commercial vehicle that could be lawfully operated upon the highways and roads of the State on December 16, 1974. Sec. 6. Enforcement (a) 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. (b) 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 private scale available for the purpose of weigh ing and determining whether this Article has been complied with. Upon such weighing, if it is determined that the commercial vehicle so weighed is 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 shall be paid by the City. Any charge for weighing under the terms of this Article shall be in addition to any fine imposed for a violation of its provisions. Sec. 7. Penalties Any shall eoviolating lperson befoundguiltany guilty of arthisovision of misdemeanor and shall le be punished by fine not to exceed two hundred dollars ($200.00) upon conviction. Sec. 8. Separability. Each of the provisions of this Article are hereby deemed to be separate and severed from each and every other provision. Should any one or more of the provisions of this Article be found and held to be invalid, such invalidity will not affect the validity of any other provisions of this Article. Sec. 9. Effective Date. This ordinance shall take effect and be in full force and effect ten (10) days from and after its adoption on second and final reading. PASSED and APPROVED on First Reading this 27 day of October , 1975. ATTFST: city,t, PASSED and APPROVED on day of ATTEST: ity ecretar Effective Date: CITY OF PEARLAND, TEXAS BY: ayor Second and Final Reading this , 1976. CITY OF Cad / BY : ayor EARLAND, TEXAS e