HomeMy WebLinkAboutOrd 340 Establishing the regulations relating to traffic, street controls and speed limits signage TOWN OF WESTLAKE, TEXAS
ORDINANCE NO. 340
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS RELATING TO TRAFFIC AND STREET CONTROL AND PROVIDING
REGULATIONS AS FOLLOWS: PROVIDING DEFINITIONS; PROVIDING FOR A
MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR
WITHIN THE TOWN; PROVIDING FOR THE POSTING OF SPEED LIMIT SIGNS;
PROVIDING FOR THE INSTALLATION OF STOP SIGNS; PROVIDING FOR THE
INSTALLATION OF TRAFFIC SIGNALS; REGULATING THE CONSTRUCTION OF
STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE ROADWAY;
PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR
VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-OF-WAY;
PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR
PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING PROCEDURES FOR
THE TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES FOR THE
TRANSPORTATION OF READY MIXED CONCRETE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING
SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF
VIEW, PARKING, AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT OF
CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A GENERAL PENALTY OF NOT LESS THAN
ONE DOLLAR ($1.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR
EACH OFFENSE, UNLESS SPECIFICALLY PROVIDED FOR OTHERWISE, AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Aldermen is empowered under.§51.001, TEX. LOC. GOVT
ANN. (Vernon 1998) and§122.005, TEX. HEALTH& SAFETY CODE ANN. (Vernon 1998)to
do all acts and make all regulations which may be necessary or expedient for the promotion of the
public health; and
WHEREAS, the Board of Aldermen under.§311.002, TEX. TRANSP. CODE ANN.
(Vernon 1998) is given control and power over the streets and roads of the Town including the
power to regulate the streets and road; and
WHEREAS, the Board of Aldermen is authorized under.§542.201 and.§542.202, TEX.
TRANSP. CODE ANN. (Vernon 1998)to adopt local traffic regulations with respect to streets and
roads under its jurisdiction; and
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WHEREAS,the Board of Aldermen is authorized under §545.356,TEX. TRANSP. CODE
ANN. (Vernon 1998)to alter the prima facie speed limits within the Town; and
WHEREAS, the Board of Aldermen desires to establish regulations governing the
maximum speed vehicles within the Town; and
WHEREAS,upon the basis of a traffic conditions assessment taking into consideration the
health, safety and general welfare of the citizens of the Town, the number of children residing
throughout the Town,the type of development throughout the Town.,the width and condition of the
pavement or other surface of the streets and roads within the Town, the usual traffic thereon, and
other circumstances on such streets and roads, the Town Board of Aldermen hereby finds and
determines that a reasonable and safe prima facie maximum speed limit on the streets and roads
within the Town be set; and
WHEREAS, the Town Board of Aldermen is further empowered pursuant to.§544.003,
TEX. TRANSP. CODE ANN. (Vernon 1998)to erect stop signs at specified entrances to highways
and streets under its jurisdiction and designate any intersections as a stop intersection and erect
appropriate signs at one or more entrances to such intersections, and is further empowered by
§544.002 TEX. TRANSP. CODE ANN. (Vernon 1998) to place and maintain any traffic control
devices upon any street within its jurisdiction as it may deem necessary to indicate and carry out the
provisions of said section, local traffic ordinances or to regulate,warn or guide traffic, and finds that
the placement of such signs and other traffic control devices within the Town is in the best interests
of the health, safety and welfare of the members of the public; and
WHEREAS,the Town is authorized pursuant to§621.303, TEX. TRANSP. CODE ANN.
(Vernon 1998) to regulate the movement and operation of overweight, oversize or over length
commodities which cannot reasonably be dismantled, as well as the movement and operation of
superheavy or oversize equipment for the transportation of oversize or overweight or over length
commodities which cannot be reasonably dismantled, on public roads within the Town; and
WHEREAS,the Town is authorized pursuant to §622.014, TEX. TRANSP. CODE ANN.
(Vernon 1998)to prescribe by order or ordinance reasonable rules and regulations governing the
operation of vehicles used to transport ready mixed concrete over the streets of the Town, and
WHEREAS,the Town Board of Aldermen hereby finds that the adoption of this Ordinance
is in the best interest of the health, safety and welfare of the citizens of the Town.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS;
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I.
INCORPORATION OF PREAMBLE
That the above and foregoing preamble is true and correct and is incorporated herein as if
copied herein in its entirety.
II.
DEFINITIONS
When used in this Ordinance, the following words and phrases shall have the respective
meanings ascribed to them:
"Alley" means a street that is not used primarily for through traffic and provides access to
rear entrances of buildings or lots along a street.
"Chief' or"Chief of Police"means the Chief of Police of the Town.
"Commercial motor vehicle"means any motor vehicle other than a motorcycle, designed or
used for the transportation of property, including every vehicle used for delivery purposes.
"Development"means any land use with a trip generation of greater than 100 vehicle
trips per day.
"Drive" means a public or private street that is used to provide access to a development,
development parking lot or serves as a means to ingress/egress a development.
"Motor Vehicle" means every vehicle, as herein defined, which is self-propelled.
"Semi-trailer"means every vehicle of the trailer type so designed or used in conjunction with
a motor vehicle that some part of its own weight and that of its own load rests upon or is
carried by another motor vehicle.
"Traffic Signal"means a traffic control device displaying different colored lights or colored
lighted arrows successively or in a combination and may display only green, yellow, or red
and applies to operators of vehicles as provided by the Texas Transportation Code.
"Street"means every street, road and alley within the Town of Westlake, Texas, exclusive
of state highways within the Town.
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"Trailer"means every vehicle without motive power designed or used for carrying property
or passengers wholly on its own structure and to be drawn by a motor vehicle a motor
vehicle.
"Truck-tractors" means every motor vehicle designed or used primarily for drawing other
vehicles, and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn, except that is engaged with a semi-trailer in the transportation of
automobiles, and that transports motor vehicles on part of the truck-tractor.
"Vehicle"means every mechanical device in, upon or by which any person or property is or
may be transported or drawn upon a public highway, including motor vehicles, commercial
motor vehicles,truck-tractors,trailers, and semi-trailers, severally,as hereinafter defined,but
excepting devices moved by human power or used exclusively upon stationary rails or tracks.
III.
SPEED OF VEHICLES
A. Maximum Sneed
1. Except as provided by Section III.B. of this Ordinance, no person shall operate a
motor vehicle on any street within the corporate limits of the town at a speed greater
than is reasonable and prudent under the conditions then existing, having regard to
the actual and potential hazards when approaching and crossing an intersection,when
approaching a hill crest,when travelling upon a narrow or winding roadway, or when
special hazards exist with respect to pedestrians or other traffic by reason of weather
or street conditions; and in every event, speed shall be so controlled as may be
necessary to avoid colliding with any person, vehicle or other conveyance on or
entering the street in compliance with legal requirements and the duty of all persons
to use due care.
2. The maximum rate of speed on all of the streets, roads and highways within the
corporate limits of the Town shall be thirty (30) miles per hour, except as provided
by Section III.B.
3. The maximum rate of speed on all alleys within the corporate limits of the Town
shall be (15) miles per hour.
4. All private streets and/or private streets within a gated subdivision must have as a
condition of a development agreement language,which establishes prima facie speed
limits of thirty (30) miles per hour on streets and fifteen (15) miles per hour on
alleys.
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B. Speeds Designated for Certain Streets.
No person shall operate or drive a motor or other vehicle on the following designated streets
at a greater speed than the speed designated for that street or portion of that street as set forth
below in this section. Any speed in excess of the limit set forth in this section shall be prima
facie evidence that such speed is neither reasonable nor prudent and is unlawful.
1. Kirkwood Boulevard (SH 114 to Precinct Line Road) 35mph
2. Precinct Line Road (SH 114 to Dove Road) 35mph
3. Westlake Parkway (SH 114 to US 377) 35mph
4. Roanoke Road (from southern Town limits to S.H. 170) 45mph
5. Pearson Lane (from southern Town limits to Dove Road) 35mph
C. Signs. Speed limit signs in conformity with the manual and specifications for uniform traffic
control devices as adopted by the State Highway Commission shall be and hereby are
directed to be erected at the appropriate locations as determined by the Town Transportation
Engineer.
D. Alteration of Maximum Speed Limit. The Town Transportation Engineer shall determine,
on the basis of a traffic conditions assessment, the reasonable and safe maximum speed
limits for each street within the corporate limits of the Town and submit recommendations
based on his investigation to the Board of Alderman.
IV.
TRAFFIC CONTROL DEVICES
A. Uniformfty of traffic control devices: conformance to manual. All traffic-control devices
including signs, signals and markings (pavement and/or curb) installed or used for the
purpose of directing and controlling traffic within the Town shall conform with the Texas
Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State
Highway Commission(the "Manual"). As required by §544.002, TEX. TRANSP. CODE
ANN. (Vernon 1998), all signs, signals and markings erected or used by the Town shall be
uniform, and shall be located throughout the Town in conformity with the directions shown
in the Manual as far as practicable.
B. Stop Signs. Stop signs, as warranted by a traffic conditions assessment, shall be erected
where one or more of the following conditions exist or as otherwise determined by the Town
Transportation Engineer:
1. Intersection of a less important road with a main road where application of the normal
right-of-way rule is unduly hazardous.
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2. Street entering through a highway or street.
3. Unsignalized intersection in a signalized area.
4. Other intersections where a combination of high speed, restricted view and serious
accident record indicates a need for control by the STOP sign.
Every driver of a vehicle approaching a stop intersection shall stop before entering the
crosswalk on the near side of the intersection or,in the event there is no crosswalk, shall stop
at a clearly marked stop line, but if none,then at the point nearest the intersecting roadway
before entering the intersection,except when directed to proceed by a police officer or traffic
control signal. The stop intersections and locations of stop signs are as follows:
1. At every street or drive intersecting with and entering onto Kirkwood Boulevard.
2. At every street or drive intersecting with and entering onto Precinct Line Road.
3. At every street or drive intersecting with and entering onto Dove Road.
4. At every street or drive intersecting with and entering onto Pearson Lane.
5. At every street or drive intersecting with and entering onto J. T. Ottinger.
6. At every street or drive intersecting with and entering onto Roanoke Road.
7. At the southeast corner of the intersection of Sam School Road and Kirkwood
Boulevard facing the south on Sam School Road.
8. At the northeast corner of the intersection of Kirkwood Boulevard and Precinct
Line Road facing the east on Kirkwood Boulevard.
9. At the traffic island intersection of Randol Mill Road and Dove Road facing the
southeast and southwest on Randol Mill Road and the northeast of Dove Road at
Randol Mill Road.
10. At the southwest corner of the intersection of Dove Road and Precinct Line Road
facing the west on Dove Road.
11. At the southeast corner of the intersection of Pearson Lane and Dove Road facing
the south on Pearson Lane.
12. At the northeast corner of the intersection of Dove Road and J.T. Ottinger facing
south on J.T. Ottinger Road and the northwest corner of the traffic island at J.T.
Ottinger facing the southeast on Dove Road..
13. At the southwest corner of the intersection of Mahoeta Boone Trail and J.T.
Ottinger (or referred to as Dove Road)facing the west on Mahoeta Boone Trail.
14. At the southeast,northwest and interior roads (northbound and southbound) of the
at-grade intersection of Roanoke Road and SH 170 facing the north and south on
Roanoke Road.
15. At the southeast, southwest, northeast, northwest and interior roads (northbound
and southbound) of the intersection of US 377 and SH 170 facing the south, west,
east and north of US 377.
C. Traffic Signals. Traffic Signals, as warranted by a traffic conditions study, shall be
installed by requirements established in the Texas Manual on Uniform Traffic Control
Devices. An operator of a vehicle facing only a steady red signal shall stop at a clearly
marked stop line. In the absence of a stop line, the operator shall stop before entering the
crosswalk on the near side of the intersection, except when directed to proceed by a police
officer or traffic control signal. The signalized intersections and locations of traffic signals
are as follows:
1. The intersection of Trophy Club Drive and State Highway 114.
2. The intersection of Trophy Lake Drive and State Highway 114.
3. The intersection of eastbound SH 114 and westbound SH 170.
D. Compliance. The driver of any vehicle shall obey the instructions of any official traffic-
control device, sign, signal or pavement marking applicable thereto placed in accordance
with this ordinance or other traffic ordinances of the Town, unless otherwise directed by a
police officer, subject to the exceptions herein granted the driver of an authorized emergency
vehicle.
E. Exceptions as to authorized emergency vehicles.
1. The driver of an authorized emergency vehicle, as the term "authorized emergency
vehicle" is defined by §541.201, TEX. TRANSP. CODE ANN. (Vernon 1998),
when responding to an emergency call or when in the pursuit of an actual or
suspected violator of the law, or when responding to but not upon returning from a
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fire alarm, may exercise the privilege set forth in this section, but subject to the
conditions herein stated and subject to other applicable ordinances of the Town.
2. The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this or any other ordinance of
the Town;
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as
may be necessary for safe operation;
(c) Exceed the prima facie speed limit so long as he does not endanger life or
property,
(d) Disregard regulations governing direction of movement or turning in
specified directions.
3. The exemption herein granted to an authorized emergency vehicle shall apply only
when the driver of any such vehicle in motion sounds an audible signal by bell, siren,
or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped
with at least one lighted lamp displaying a red light visible under normal atmospheric
conditions from a distance of at least five hundred (500) feet to the front of such
vehicle, except that an authorized vehicle operated as a police vehicle need not be
equipped with or display a red light from in front of the vehicle.
F. Display of unauthorized device.
1. No person shall place, maintain, or display upon or in view of any highway, street
or alley any unauthorized sign, signal, marking, or device, whether one or more
which purports to be or is an imitation of or resembles an official traffic-control or
railroad sign or signal, or which attempts to direct the movement of traffic, or which
hides from view or interferes with the effectiveness of any official traffic control
device or any railroad sign or signal.
2. No person shall place or maintain nor shall any public authority permit upon any
highway, street or alley traffic sign or signal bearing thereon any commercial
advertising.
I This subsection F.shall not be deemed to prohibit the erection upon private property
adjacent to highways, streets or alleys of signs giving useful directional information
and of type that can not be mistaken for official traffic control signals or signs.
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4. Every such prohibited sign, signal or marking is hereby declared to be a public
nuisance, and the Chief of Police or his authorized representative is hereby
empowered to remove the same or cause it to be moved without notice.
G. Interference. No person shall without lawful authority attempt to or in fact alter, deface,
injure, knock down or remove any official traffic-control device, sign or signal or any
railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof.
I. Installation and maintenance generally. The Town Traffic Engineer, or a person under
the direct supervision and authority of the Town Traffic Engineer, shall place and maintain
traffic control signs, signals and devices when and as required under this Ordinance or other
traffic ordinances of this Town to make effective the provision of this Ordinance or other
ordinances, and may place and maintain such additional traffic control devices as he may
deem necessary to regulate traffic under this Ordinance or other traffic ordinances of this
Town or under state law, or to guide or warn traffic.
J. Same-Evidence of authority. It being unlawful for any person other than the Town
Traffic Engineer, or a person acting under his supervision and control and pursuant to an
ordinance of the Town,to install or cause to be installed any signal, sign or device purporting
to direct the use of the streets or the activities on those streets of pedestrians,vehicles,motor
vehicles, or animals,proof, in any prosecution for a violation of this ordinance or any traffic
Ordinance of the Town, that any traffic-control devices, sign signal or marking was actually
in place on any street constitute prima facie evidence that the same was installed by the
Town Traffic Engineer under his authority and supervision to the authority of this Ordinance
or of another Ordinance directing the installation of such device, signal or marking.
V.
ROADWAY SIGHT VISIBILITY
A. Requirements. Roadway sight visibility requirements are provided in the Town
Engineering Standards, Article II, Sections 3 and 4.
B. Removal. Any object, or combination of objects, place, erected, planted or maintained
in violation of this Ordinance, shall be removed within ten (10) days of receipt of written
notice by certified mail from the Town Traffic Engineer or his representative, to the owner,
agent or occupant of the premises where such obstruction has been erected, placed,planted
or maintained_
VI.
PARKING
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A. Definitions. For purposes of this Section VI,the terms below shall mean as follows:
1. "Approved paved surface"means a surface on which off street parking is permitted
as authorized by and set forth in the Town Unified Development Code and
Engineering Standards and other applicable ordinances of the Town.
2. "Recreational vehicle" means self-propelled living quarters equipped or used for
sleeping and eating which may be moved from one location to another over a public
street.
3. "Stand"or"park"means the halting of a vehicle,whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in receiving or
discharging passengers.
B. Parking of vehicles prohibited. It shall be unlawful for any person to leave,park or stand
a motor vehicle, mobile home, motor home, recreational vehicle, trailer upon any public
street, alley or other public right-of-way located within the Town with a roadway paving of
less that thirty-eight (38) feet in width.
All public and private roadways are considered emergency and public service access and, as
such, must maintain twenty-two (22) feet of clearance for emergency access and public
service access.
This prohibition shall not be applicable to any motor vehicle being used for emergency
purposes, to the operation of any motor vehicle being used by a utility company for repair
purposes, or to any governmental vehicle being used for necessary governmental purposes.
C. Exception for emergengy emergency vehicles. All emergency vehicles shall be exempt from the
restrictions as set forth in subsection B and C hereof Emergency vehicles shall include
ambulances, fire trucks and equipment, police vehicles and all governmental vehicles used
for necessary governmental purposes.
D. Presumption. It is presumed that the registered owner of an unattended or unoccupied
vehicle parked, stopped or standing in violation of this Ordinance illegally parked such
vehicle. The records of the State Highway Department or the County Highway License
Department showing the name of the person to whom the State highway license was issued
is prima facie evidence of ownership by the named individual.
E. Parking for disabled persons.
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1. The Town of Westlake or any private owner within the Town who voluntarily
designates a parking space or area specifically for a person who is disabled by reason
of mobility problems that substantially impairs the person's ability to ambulate or
who is legally blind, must post a sign that conforms to the design established and
approved by the State Department of Highways and Public Transportation and the
space or spaces provided must conform to the width requirements established in the
Town's Unified Development Code,
2. Any vehicles displaying a symbol, table, or other device authorized by the State
Department of Highways and Public Transportation and issued to the operator
thereof for use in transporting a disabled person, when operated by or for the
transportation of such disabled person, shall be allowed to park for unlimited periods
in any parking space or parking area designated specifically for the physically
handicapped. Such vehicle, being property marked as provided by such statute, is
exempt from the payment of fees or penalties imposed by any ordinance of the City
for parking at a meter or in a pace with a limitation on the length of time for parking,
unless the vehicle was not parked at the time by or for the transportation of a disabled
person. This exemption does not apply to fees or penalties imposed by a branch of
the United States Government. This section does not permit parking a vehicle at a
place or time that parking is prohibited.
3. A person commits an offense if the person is neither temporarily or permanently
disabled nor transporting a temporarily or permanently disabled person and parks a
vehicle with such special device or displaying a temporarily disabled person
identification card in any parking space or parking area designated specifically for
the disabled. A person commits an offense if the person parks a vehicle neither
displaying the special device nor displaying a temporarily disable person
identification card in a parking space or parking area designated specifically for the
disabled. An offense under this section is punishable by a fine of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
F. Parking prohibited in specified places. Except where necessary to avoid conflict with
other traffic, or in compliance with law or the direction of a police officer or official traffic-
control device, no person shall stop, stand or park a vehicle:
1. Between a safety zone or fire lane and the adjacent curb or within thirty feet(30) of
points on the curb immediately opposite the ends of a safety zone, unless a different
length is indicated by signs or markings.
2. Adjacent to a fire hydrant within ten(10) feet of points on the curb directly adjacent
to a fire hydrant, unless a different length is indicated by signs or markings.
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VII.
OVERWEIGHT VEHICLES
A. Weights and loads of vehicles; special permits
1. Prohibition. Except as otherwise provided by law, no person may drive, operate, or
move, nor may the owner cause or permit to be driven, operated or moved, on any
street, any vehicles of weight exceeding the limitations stated in this Section VII, or
transport thereon any load or loads exceeding the weight prescribed in this Section
VII.
2. Permit fee. The Town Department of Public Safety may issue permits limited to
periods of ten(10) days or less for the transportation over Town streets of overweight
commodities which cannot be reasonably dismantled or for the operation over the
Town streets of superheavy equipment for the transportation of overweight
commodities which cannot be reasonably dismantled.
A permit fee of$50.00 shall be charged for each vehicle transporting over Town
streets overweight commodities which cannot be reasonably dismantled or for the
operation over Town streets of superheavy equipment for the transportation of
overweight commodities which cannot be reasonably dismantled. The owner or
operator of such vehicles may apply to the Town Department of Public Safety for
said permit. Each permit shall contain the name of the owner or operator of the
vehicle, the weight which the vehicle is carrying, the vehicle identification number,
and any other information deemed necessary by the Town Department of Public
Safety. The Town Department of Public Safety shall designate the route within the
Town to be used by said vehicles operating over the Town streets.
B. Weight of Load.
1. Except as otherwise provided by law, no commercial motor vehicle, truck-tractor,
trailer or semi-trailer, nor combination of such vehicles shall be operated over, on or
upon Town streets, having a weight in excess of one or more of the following
limitations:
(a) No such vehicle nor combination of vehicles shall have a greater weight than
twenty thousand (20,000) pounds carried on any one axle, including all
enforcement tolerances; or with a tandem axle,weight in excess of thirty-four
thousand (34,000) pounds, including all enforcement tolerances; or with an
overall gross weight on a group of two or more consecutive axles produced
by application of the following formula:
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W=500((LN/(N-1)) + 12 + 36
where W = overall gross weight on any group of two or more consecutive
axles to the nearest 500 pounds, L= distance in feet between 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 or 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;provided that such overall gross weight may not
exceed oieTthousand(80,000)pounds,including all enforcement tolerances.
(b) No such vehicle nor combination of vehicles shall have a greater weight than
six hundred(600)pounds per inch width of tire upon any wheel concentrated
upon the surface of the Town street and using high-pressure tires, and a
greater weight than six hundred and fifty(650)pounds per inch width of tire
upon any wheel concentrated upon the surface of the highway and using low-
pressure tires, and no wheel shall carry a load in excess of eight thousand
(8000) pounds on high-pressure tires and ten thousand(10,000) pounds on
low-pressure tires,nor any axle a load in excess of sixteen thousand(16,000)
pounds on high-pressure tires, and twenty thousand (20,0000) pounds on
low-pressure tires.
(c) In this subsection, an axle load is defined as the total load transmitted to the
road by all wheels whose centers may be included between two (2) parallel
transverse vertical planes forty (40) inches apart, extending across the full
width of the vehicle. Tandem axle group is defined as two (2) or more axles
spaced forth (40) inches apart from center to center having at least one (1)
common point of weight suspension.
2. No person shall load, or cause to be loaded, a vehicle for operation on the Town
streets with the intent to violate the weight limitations in subsection B(1) of this
Section VII. Intent to violate those limitations is presumed if the loaded vehicle
exceeds the applicable gross vehicular weight limit by 15 percent or more. This
subsection 13(2) does not apply to the loading or causing to be loaded of an
agricultural or a forestry commodity prior to the processing of the commodity.
3. The load limits established by this subsection B shall be posted by appropriate signs
within the Town by Town Traffic Engineer or his designated representative prior to
the enforcement of any of the provision hereof.
C. Application for re ' tration to show weight and maximum load; license reeei t• pen4ft
for violation. When any person, firm or corporation desires to operate over any Town street
any vehicle that cannot comply with one or more of the weight restrictions contained in this
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Section VII, the Department of Public Safety may, as an alternative to any other procedure
authorized by law, upon application issue a permit for the movement of such vehicle, when
the Department of Public Safety is of the opinion that the same may be moved without
material damage to the street of road.
Upon application for a permit for any commercial motor vehicle, truck-tractor, trailer or
semi-trailer,the applicant shall deliver to the Department of Public Safety an affidavit, duly
sworn to before an officer authorized to administer oaths, showing the weight of said vehicle,
the maximum load to be transported thereon, and the total gross weight for which said
vehicle is to be permitted;which affidavit, shall be kept on file by the Department of Public
Safety. The permit issued to the applicant shall also show the total gross weight for which
said vehicle is registered. A copy of said receipt shall be carried at all times on any such
vehicle while the vehicle is upon the Town streets.
The copy of the permit above required shall be admissible in evidence in any cause in which
the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of
the gross weight for which such vehicle is permitted. Such copy of the permit shall be
displayed to any officer authorized to enforce this Ordinance,upon request by such officer.
The Department of Public Safety shall formulate rules and regulations regarding issuance of
permits including, but not limited to, the forms and procedures to be used in applying for
same; whether a particular permit shall be for one trip only, or for a period of time; and such
other matters as the Chief of Police or any condition placed on his permit shall render the
permit void and, immediately upon such violation, any further movement over the Town
streets of the overweight vehicles shall be in violation of existing laws regulating the weight
of vehicles on Town streets.
The movement of such overweight vehicles is a privilege not accorded to every user of the
Town streets. Therefore, the fees for a special transportation permit should be sufficient to
cover the administrative costs incurred in the processing and issuing of the permit and the
additional were on the Towns streets may inconvenience other vehicle operators. It is,
therefore, declared to be the policy of the Town Department of Public Safety that in
formulating such rules and regulations and in establishing such fees, the Department of
Public Safety shall consider and be guided by:
1. The Towns investment in its streets;
2. The safety and convenience of the general traveling public;
3. The suitability of roadways and sub-grades on the streets,variation in soil grade and
the seasonal effect on street load capacity.
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D. Liabilily. The issuance of a permit for an overweight movement shall be a guarantee
by the Town that the streets can safely accommodate such movement, and the owner of any
vehicle involved in any overweight movement, whether with or without permit, shall be
strictly liable for any damage such movement shall cause the streets or any of its structures
or appurtenances.
E. Motor vehicle solid waste transport,weight limitation. Vehicles used exclusively to
transport solid waste (except hazardous waste), as defined in the Sold Waste Disposal Act,
§361.003, TEX. TRANSP. CODE ANN. (Vernon 1998), may be operated upon the Town
streets with a tandem axle gross load not to exceed 44,000 pounds, a single axle gross load
not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000 pounds,
provided that where the vehicle is to be operated with a tandem axle gross load in excess of
34,000 pounds, the owner, except if the owner is a municipality, of such vehicle shall first
file with the State Department of Highways and Transportation a surety bond in the principal
sum not to exceed$15,000 for each vehicle,which sum shall be set by the State Department
of Highways and Transportation, said bond to be conditioned that the owner of such vehicle
will pay to the Town,within the limit of such bond, all damages done to the Town streets by
reason of the operation of such vehicle with a tandem axle gross load in excess of 34,000
pounds.
F. Weight of vehicles transporting ready-mix concrete. Vehicles used exclusively to
transport ready-mixed concrete, which is hereby defined as a perishable produce, may be
operated upon the public streets on the Town with a tandem load not to exceed 44,000
pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000
pounds, provided that where the vehicle shall first file with the Town a surety bond in the
principal sum as fixed by the Town, which sum shall not be set at a greater amount than
515,000 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay
to the Town of Westlake, within the limit of such bond, all damages done t o the Town
streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000
pounds; such bond shall be subject to the approval of the Town Department of Public
Safety.
G. Weighing loaded vehicles by police officers. Any police officer having reason to
believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized
to weight the same by means of portable or stationary scales furnished or approved by the
Texas Department of Public Safety, or cause the same to be weighed by any public weigher,
and to require that such vehicle be driven to the nearest available scales for the purpose of
weighing. In the event the gross weight of such vehicle is found to exceed the maximum
gross weight authorized by law, such police officer shall demand and require the operator or
owner thereof to rearrange his cargo if possible to bring such vehicle and load within the
maximum axle load authorized by law, and if this cannot be done by rearrangement of said
cargo, then such portion of the load as may be necessary to decrease the axle load to the
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maximum authorized by law plus such tolerance allowance shall be unloaded before such
vehicle may be operated further over the public roads of the Town. Provided,however, that
if such load consists of livestock, then such operator shall be permitted to proceed to
destination without being unloaded, provided the destination be within the State of Texas.
It is further provided that in the event the gross weight of the vehicle exceeds the permitted
gross weight,the police officer shall require the operator or owner thereof the apply to the
Department of Public Safety for a permit in an amount that will cause his gross permitted
weight to be equal to the gross weight of the vehicle,provided such total permitted weight
shall exceed the legal gross weight allowed for such vehicle, before such operator or owner
may proceed. Provided, however, that if such load consists of livestock or perishable
merchandise then such operator or owner shall be permitted to proceed with his vehicle to
the nearest practical point in the direction of his destination where his load may be protected
from damage or destruction in the event he is required to secure an additional permit before
being allowed to proceed. It shall be conclusively presumed and deemed prima facie
evidence that where an operator or owner is apprehended and found to be carrying a greater
gross load than that for which he is permitted,he has been carrying similar loads from date
of purchase of such permit.
It is further provided that all forms and accounting procedures necessary to carry out the
provisions of this section shall be prescribed by the Department of Public Safety.
VIII.
SAVINGS AND REPEALER CLAUSE
That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic
control and shall not repeal any of the provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this Ordinance;provided,
however, that any complaint, action, cause of action or claim which prior to the effective date of this
Ordinance has been initiated or has arisen under or pursuant to the said repealed Ordinance shall
continue to be governed by the provisions of those Ordinances and for that purpose those Ordinances
shall be deemed to remain and continue in full force and effect.
IX.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its
application to any person or circumstance is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance;
and the Town Board of Aldermen hereby declares it would have passed such remaining portions of
the Ordinance despite such invalidity,which remaining portions shall remain in full force and effect.
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X.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance,and any person
violating or failing to comply with any provision of this Ordinance shall be fined,upon conviction
not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00) and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
XI.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication as
required by law.
PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake,Texas this the 13th
day of December, 1999.
Scott Bradley, Mayor
ATTEST:
s
inge rosswy, Town r ary
APPROVED AS TO FORM:
/ 1
L.Lta own. rmy
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PUBLISHER'S AFFIDAVIT
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
340 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were
December 21, 1999.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
COUNTY OF TARRANT §
SWORN TO AND SUBSCRIBED BEFORE ME
BY Pam Nolte
this day of January, 2000, to certify which
witness my hand and seal of office.
22L& C, yp &
Notary Public, State of Texas
Printed Name of Notary
My commission expires
0p�`Y P , L A G CRAY
NOTARY PE BUG
State of Texas
a Comm.Up.0412112'002