Ordinance No. 8,609Published in the Baytown Sun: 990624 -3
Saturday, June 26, 1999, and
Monday,-June 28, 1999 ORDINANCE x0.8609
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE I "IN GENERAL"
SECTION 9 -1 "DEFINITIONS," SUBSECTION (A); AND ARTICLE VI
"REGULATION OF CERTAIN VEHICLES," DIVISION 2 "TRUCKS,"
SECTION 94 -241 "TRUCK ROUTES" OF THE CODE OF ORDINANCES,
CITY OF BAYTOWN, TEXAS; RENUMBERING SECTION 94 -242
"TRANSPORTATION OF CERTAIN LOOSE MATERIALS," OF DIVISION 2
"TRUCKS," ARTICLE VI "REGULATION OF CERTAIN VEHICLES,"
CHAPTER 94 "TRAFFIC AND VEHICLES" AS SECTION 94 -247 OF SUCH
DIVISION, ARTICLE AND CHAPTER OF THE CODE OF ORDINANCES,
CITY OF BAYTOWN, TEXAS; AMENDING CHAPTER 94 "TRAFFIC AND
VEHICLES," ARTICLE VI "REGULATION OF CERTAIN VEHICLES,"
DIVISION 2 "TRUCKS" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY ADDING A SECTION TO BE NUMBERED 94 -242
AND ENTITLED "OFFENSES "; AMENDING CHAPTER 94 "TRAFFIC AND
VEHICLES," ARTICLE VI "REGULATION OF CERTAIN VEHICLES,"
DIVISION 2 "TRUCKS," SECTION 94 -243 "WEIGHT LIMITS FOR
CERTAIN VEHICLES" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO ESTABLISH DEFENSES; AND AMENDING
CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE VI "REGULATION
OF CERTAIN VEHICLES," DIVISION 2 "TRUCKS" OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A SECTION TO
BE NUMBERED 94 -244 AND ENTITLED "EXCEEDING WEIGHT LIMIT ";
BY ADDING A SECTION TO BE NUMBERED 94 -245 AND ENTITLED
"MARKINGS/SIGNS"; AND BY ADDING A SECTION TO BE NUMBERED
94 -246 AND ENTITLED "LIMITATION ON WEIGHT, LENGTH, AND
HEIGHT OF COMMERCIAL VEHICLES" OF CERTAIN LOOSE
MATERIALS "; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 94 "Traffic and Vehicles," Article I "In General," Section 94 -1
"Definitions" Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended, in
part, to read as follows:
(a) The following words, terms and phrases, when used in this chapter; shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to
transport passengers or property that:
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® (1) has a gross combination weight rating of 26,001 or more pounds, including a towed unit
with a gross vehicle weight rating of more than 10,000 pounds;
(2) has a gross vehicle weight rating of 26,001 or more pounds; or
(3) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part
172, Subpart F.
Gross combination weight racing means the value specified by the manufacturer as the loaded
weight of a combination or articulated vehicle or, if the manufacturer has not specified a value,
the sun of the gross vehicle weight rating of the power unit and the total weight of the towed unit
or units and any load on a towed unit.
Gross vehicle weight rating means the value specified by the manufacturer as the loaded weight
of a single vehicle.
Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used on a highway. The term does not include a vehicle, machine, tractor,
trailer, or semitrailer operated exclusively on a rail.
Section 2: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
Vehicles," Division 2 "Trucks," Section 94 -241 "Truck Routes" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VI. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -241. Designation of truck routes.
For the purposes of this division, the following streets and thoroughfares within the corporate
limits of the city are hereby designated as truck routes and shall be referred to as "designated truck
routes" throughout this division:
STREETS
West Baker Road
Market Street
West Main Street
South Main Street
North Main Street
Decker Drive
Spur 55
State Highway 146
® Business Highway 146
Garth Road
South Alexander Drive
ETA
I 1 i 1R
All
Between Bayway Drive and West Main Street
All
All
All
Between 1 -10 and State Highway 146
All
All
All
Between 1 -10 and Rollingbrook Drive
All
P)
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STREETS
LIMITS
® Wismer Street
All
Lyncliburg -Cedar Bayou
All
Massey - Tompkins Road
All
Rollingbrook Drive
All
Section 3: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
Vehicles," Division 2 "Trucks" of the Code of Ordinances, City of Baytown, Texas, is hereby amended
by renumbering section 94 -242 "Transportation of certain loose materials," to section 94 -247
"Transportation of certain loose materials."
Section 4: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
Vehicles," Division 2 "Trucks," of the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding a section, to be numbered 94 -242 and entitled "Offenses," which said section reads as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VI. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -242. Offenses.
(a) A person commits an offense if he drives a commercial motor vehicle upon a public
street, road, avenue, or thoroughfare within the corporate limits of the city, not designated as a truck route
in section 94 -241.
(b) Any persons operating a commercial vehicle upon a street, road, avenue, or thoroughfare
other than a designated truck route shall have in his possession for the inspection of police officers, the
log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of
the vehicle on a street, road, avenue, or thoroughfare other than a designated truck route.
Section 5: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
Vehicles," Division 2 "Trucks," Section 94 -243 "Weight limits for certain vehicles" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VI. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -243. Defenses.
(a) It shall be a defense to any prosecution under this section if a person operating a
commercial motor vehicle originating within the corporate limits of the city and having as its point of
• origin a point located off a designated truck route, proceeds to the nearest point on a designated truck
route by the most direct route possible, not in violation of section 94- 245(b). If such vehicle shall
originate outside the corporate limits of the city and enters the city at a point which is not on a designated
3
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truck route, said person shall proceed to the nearest point on a designated truck route by the most direct
route possible.
(b) It shall be a defense to any prosecution under this section if a person operating a
commercial motor vehicle, which originates off a designated truck route, whether inside or outside the
corporate limits of the city, and whose destination point is nearer the origin or point of entering the
corporate limits of the city than is the nearest point on a designated truck route, shall not be required to
proceed to the nearest designated truck route, not in violation of section 94- 245(b).
(c) It shall be a defense to prosecution under this section if a person operating a commercial
motor vehicle restricted to a designated truck route departs from such truck routes:
(1) to load, unload, or seek service or repairs at a facility which engages in the
business of repairs of commercial motor vehicles, or
(2) to store the vehicle at a commercial storage facility.
Any person operating a commercial vehicle shall not leave the designated truck route until such vehicle
has reached a point on a designated truck route which is nearest the applicable place of loading,
unloading, or servicing, by the most direct route possible. Any such vehicle shall be permitted to proceed
from a point not on a designated truck route to another such point without returning to a designated truck
route if to so return would increase the distance to be traveled on public streets roads, avenues, or
thoroughfares other than designated truck routes. After leaving a designated truck route to load or unload,
truck traffic may continue off designated truck routes to as many points of destination as necessary to
load or unload; provided, however, in the course of making the necessary stops for loading and unloading,
the vehicle shall cross a designated truck route, said vehicle shall proceed on the designated truck route
until it has reached a point on the designated truck route which is nearest to the nest place of loading and
unloading by the most direct route possible.
Section 6: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
Vehicles," Division 2 "Trucks" of the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding a section, to be numbered 94 -244 and entitled "Alternate routes," which said section reads as
follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VI. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -244. Alternate routes.
In the event a designated truck route is under repair, or otherwise temporarily out of use, the
Director of Public Works shall designate an alternate route.
Section 7: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
® Vehicles," Division 2 "Trucks" of the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding a section, to be numbered 94 -245 and entitled "Markings /signs," which said section reads as
follows:
M
•
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CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VI. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -245. Markings /signs.
(a) The Director of Public Works shall erect appropriate signs and markings advising motorists of
the designated truck routes established by this division.
(b) When signs are erected giving notice of a specified weight limitation, no person shall operate
any vehicle with a gross weight in excess of the amounts specified on such signs.
Section 8: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain
Vehicles," Division 2 "Trucks" of the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding a section, to be numbered 94 -246 and entitled "Limitation on weight, length, and height of
commercial vehicles," which said section reads as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE V I. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -246. Limitation on weight, length, and height of commercial vehicles.
(a) A person commits an offense if Ile drives a commercial motor vehicle, truck tractor,
trailer, semitrailer, or any combination thereof over or upon the public streets, highways, or an area
thereof, within the corporate limits of the city, having a weight, length or height in excess of those
designated by V.T.C.A., Transportation Code §§ 621.101, et seq. and §§ 621.201, et seq.
(b) Additionally, a person commits an offense if he drives a vehicle transporting ready -mixed
concrete upon a public street, and the vehicle carries either a tandem axle load that exceeds 36,000
Pounds, a single axle load that exceeds 12,000 pounds or a gross vehicle load that exceeds 48,000 pounds.
Section 9: 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.
Section 10: if any provision,; section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any
reason be held unconstitutional, 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.
E
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Section 11: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
HUNDRED AND NO /100 DOLLARS ($200.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 12: 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 offrcial newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 24i1' day of June, 1999.
ATTF'ST:
' ,City Clerk p.-p( y
MYr.vrcL bernier
APPROVED AS TO FORM:
ACIO RAMIREZ, SR:, Attorney
cAk1h 177\ Council\ Ordinances \TruckOrdinance062299NoRetum2 Home
- xz�' e.
PETE C. ALFAR , Mayor