Ordinance No. 57�7
ORDINANCE N0. 57
AN ORDINANCE REGULATING THE WEIGHT OF COMMERCIAL
MOTOR VEHICLES, TRUCKS, TRACTORS, OR OTHER MOTOR
VEHICLES WITH A TRAILER, SEMI - TRAILER OR OTHER
VEHICLE - ATTACHED THERETO, BEING OPERATED OVER,
ON OR UPON CERTAIN STREETS IN THE CITY OF BAYTOWN;
PROVIDING FOR ISSUANCE,OF A PERMIT UNDER CERTAIN
CIRCUMSTANCES; CONTAINING A PENALTY CLAUSE; RE-
PEALING ORDINANCES INCONSISTENT THERENITH; PRO-
VIDING FOR A SEVERABILITY-CLAUSE AND SETTING FORTH
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOffN: ;I
SECTION 1: Statement of Intent and Purpose of Ordinance. It is the intent -and
purpose of the City Council of the City of Baytown by the terms of this ordinance to regu-
late the weight of commercial motor vehicles, trucks, tractors, or other motor vehicles
with trailers, semi - trailers, or other vehicles attached thereto being operated over, on
or upon certain streets in the City of Baytown as hereinafter set forth. These streets
are located in the residential section of the city and were constructed and have been main-
tained primarily for light traffic such as the use of automobiles by persons residing in
the vicinity thereof. These streets were not designed for use of motor vehicles carrying
excessive loads, such as heavy trucks carrying oil field machinery and equipment. It has
been brought to the attention of the City Council that such unusual use of these streets
is now being made and as a result thereof, they are rapidly deteriorating and are becoming
unsafe and inconvenient for ordinary use as means of travel for the inhabitants of the
vicinity and the general public. The following provisions are being enacted pursuant to
the broad powers given.to the city by the Constitution, the Statutes of the State of Texas
and the City Charter to protect the welfare of the public in the proper use of the streets
and should be construed with this end in view.
SECTION 2: Prohibiting Motor Vehicles with Excessive Loads on Certain Streets.
No commercial motor vehicle, truck, tractor or other motor vehicle with a trailer, semi-
trailer or other vehicle attached thereto, shall be operated over, on or upon the following
1
streets between the points designated when the weights thereof, together with the load
thereon, exceeds 7 OD L� pounds unless the owner or operator thereof shall have obtained
a special permit from the Director of Public Woft4l authorizing a load, which, together with
a
the weight of the vehicle, exceeds O oo pounds:
Street / From To
Missouri
Florida
• Alabama
Utah
Maryland
Carolina
New Jersey
Kentucky
End End
End End
End End
5
End End
End End
End End
End End
End End
SECTION 3: Requirements for Permit. The permit provided for in the proceeding
section shall be required for each day or each job. Such permit shall not be issued unless
the Director of Public Works finds, after an investigation, that other reasonable routes
of travel cannot be furnished to the owner or operator of the motor vehicle. Any person,
firm or corporation moving, or cause to be moved, a load which together with the weight of
the vehicle, exceeds OOd pounds shall be liable to the City for any damage done by
any such excessively loaded vehicle to the streets, bridges or culverts, and the acceptance
of such permit shall be conclusive evidence that the person, firm or corporation to whom
such permit was issued agrees to make good and pay all such damages on demand therefore
.being made by the City.
SECTION 4: Exceptions. The provisions of this ordinance shall not apply to bus4es
operated by the Goose Creek Independent School District or by any person, firm or corporation
having a franchise from the City to engage in the business of public transportation.
SECTION 5: Penalty. Any person, firm or corporation violating the provisions of
Section 2 hereof shall upon conviction be deemed guilty of a misdemeanor and fined not ex-
seeding One Hundred ($100) Dollars.
SECTION 6: Repealing Clause. All ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided, however, that such repeal
shall be only to the eAent of such inconsistency, and in all other respects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter covered
tby this ordinance.
SECTION 7: Severability Clause. If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same to any
person or set of circumstances shall for any reason be held unconstitutional, void or in-
valid, such invalidity shall not affect the validity of the remaining provisions of this ordi-
nance or their application to other persons or sets of circumstances and to this end, all
provisions of this ordinance are declared to be severable.
SECT ;ON $: Effective Date. This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be published in the official news-
paper of the City of Baytown at least twice prior to the effective date hereof.
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Street
From
To
Okla hbma
End-:
'End
Louisiana
End
End
Huggins
End
End
SECTION 3: Requirements for Permit. The permit provided for in the proceeding
section shall be required for each day or each job. Such permit shall not be issued unless
the Director of Public Works finds, after an investigation, that other reasonable routes
of travel cannot be furnished to the owner or operator of the motor vehicle. Any person,
firm or corporation moving, or cause to be moved, a load which together with the weight of
the vehicle, exceeds OOd pounds shall be liable to the City for any damage done by
any such excessively loaded vehicle to the streets, bridges or culverts, and the acceptance
of such permit shall be conclusive evidence that the person, firm or corporation to whom
such permit was issued agrees to make good and pay all such damages on demand therefore
.being made by the City.
SECTION 4: Exceptions. The provisions of this ordinance shall not apply to bus4es
operated by the Goose Creek Independent School District or by any person, firm or corporation
having a franchise from the City to engage in the business of public transportation.
SECTION 5: Penalty. Any person, firm or corporation violating the provisions of
Section 2 hereof shall upon conviction be deemed guilty of a misdemeanor and fined not ex-
seeding One Hundred ($100) Dollars.
SECTION 6: Repealing Clause. All ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided, however, that such repeal
shall be only to the eAent of such inconsistency, and in all other respects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter covered
tby this ordinance.
SECTION 7: Severability Clause. If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same to any
person or set of circumstances shall for any reason be held unconstitutional, void or in-
valid, such invalidity shall not affect the validity of the remaining provisions of this ordi-
nance or their application to other persons or sets of circumstances and to this end, all
provisions of this ordinance are declared to be severable.
SECT ;ON $: Effective Date. This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be published in the official news-
paper of the City of Baytown at least twice prior to the effective date hereof.
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i •
INTRODUCED, READ, and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown on this the C7 day of September, A.D., 1949-
•
J.
A. Ward, Mdyor
i
ATTEST:
Ac ng City Clerk
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