Ordinance No. 2,281No
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ORDINANCE NO. 2281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC,"
ARTICLE VII, REGULATION OF TRAFFIC GENERALLY, SECTION
18 -61, BY REPEALING THIS SECTION AS PRESENTLY CONSTITUTED
AND SUBSTITUTING IN ITS PLACE A NEW SECTION 18 -61;
PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00)
DOLLARS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 18,
"Motor Vehicles and Traffic," Article VII, Regulation of
Traffic Generally, by repealing Section 18 -61, Improper
Loading or Securing of Vehicle, Equipment, or Load Prohibited,
as it presently exists and substituting in its place a new
Section 18 -61, Transportation of Certain Loose Materials,
which shall read as follows, to -wit:
Sec. 18 -61. Transportation of certain loose materials.
(a) No person, co- partnership, limited partnership, asso-
ciation, corporation, state, county, municipality, town,
village, or any department or political subdivision thereof,
their agents or employees, shall load or transport, cause to
be loaded or transported, or aid or abet the loading or
transporting, in a motor vehicle, commercial motor vehicle,
truck - tractor, trailer or semi - trailer, any loose material
on or over the public roads, streets or highways of this
state in violation of any requirement of this section.
(b) As used in this section, "loose material" means dirt,
sand, gravel, wood chips, or other material that is capable
of blowing or spilling from a vehicle as a result of movement
or exposure to air, wind currents, or weather, but shall not
include agricultural products in their natural state.
(c) The bed carrying the load must be completely enclosed
on both sides by sideboards or sidepanels, on the front by a
board or panel or by the cab of the vehicle, and on the rear
by tailgate or board or panel, all of which must be so
constructed as to prevent the escape of any part of the load
because of blowing or spilling.
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(d) The top of the load making contact with anv sideboard
or sidepanel or front or rear part of the enclosure must not
be within six inches of the top of the part of the enclosure
contacted, and the highest point of the load must not be
above any point on a horizontal plane equal in height to the
top of the side, front, or rear part of the enclosure that
is the least in height, or in the alternative by covering
the load with a canvas or similar type covering firmly
secured thereby creating a physical horizontal plane; and at
no time shall the load exceed the six inches as stated in
this section during transportation of load without being
covered.
(e) The excess spillage of loose material on the non -load
carrying parts of the vehicle occasioned by or from the act
of loading shall be removed before the vehicle is operated
over a public road, street, or highway of this state.
(f) The tailgate must be securely closed to prevent
spillage during transportation, whether loaded or empty.
(g) The bed shall not have any holes, cracks, or openings
through which loose material may escape.
(h) The residue of the transported loose material shall be
removed from the non -load carrying parts of the vehicle upon
completion of unloading before the vehicle is operated over
a public road, street, or highway of this state.
(i) Subsection (d) of this section does not apply to any
load- carrying compartment that completely encloses the load
or to the transporting of any load that is otherwise suitably
covered or secured by other means which prevents the escape
of loose material.
(j) Nothing in this Section 18 -61 applies to any vehicle
or construction or mining equipment which is:
(1) moving between construction barricades on a public
works project; or
(2) merely crossing a public road, street, or highway.
(k) Any person, co- partnership, limited partnership,
association, corporation, or any departmental head, agent or
employee of the state or of any county, municipality, town,
village, or any department or political subdivision thereof
who fails to comply with the provisions of this section
shall be guilty of a misdemeanor, and upon first conviction
shall be fined a sum of not less than Twenty -five ($25.00)
Dollars nor more than Two Hundred ($200.00) Dollars, and on
second conviction a sum of not less than Two Hundred ($200.00)
Dollars.
Section 2: 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 extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter
covered by this ordinance.
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Section 3: Savings 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 uncon-
stitutional, void or invalid, such invalidity shall not
affect the validity of the remaining provisions of this
ordinance or their application to other persons or sets of
circumstances and to this end, all provisions of this
ordinance are declared to be severable.
Section 4: Effective Date: This ordinance shall take
effect from and after ten (10) days after 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 newspaper of the City of Baytown
at least twice within ten (10) days after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 11th day
of August , 1977.
M=Z. Azo��_
TOM GENTRY, Mayor
ATTEST: '
EILEEN P. HALL, City Clerk
APPROVED:
A a4za __%
NEEL rCHKRDSON, City Attorney
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