ORDINANCE NO. 15-012

            AN ORDINANCE AMENDING AND RESTATING THE PROVISIONS OF ORDINANCE NO 15-010 WHICH ADDED CHAPTER 44 ARTICLE VIII, TO THE CODE OF ORDINANCES OF THE CITY OF FREDERICKSBURG “THROUGH TRUCKS” OF THE CODE OF ORDINANCES OF THE CITY OF FREDERICKSBURG, ESTABLISHING THROUGH TRUCK ROUTES FOR CERTAIN VEHICLES; REQUIRING THAT THE TRUCK ROUTE BE USED BY ALL SPECIFIED VEHICLES;  PROVIDING FOR AND ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF CITY STREETS BY CERTAIN VEHICLES; ESTABLISHING AN EFFECTIVE DATE; PROVIDING PENALTIES AND MEANS OF ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.

            WHEREAS, streets within the City limits of the City of Fredericksburg are not designed for certain large vehicles, the same damage the streets and create a threat to the health and safety of the citizens of the City; and

            WHEREAS, the public safety and welfare will be benefited by the regulation of the routes of large vehicles within the City Limits of the City of Fredericksburg, and it is in the best interests of the City that vehicles hereinafter described travel prescribed routes; and

            WHEREAS, through error a truck route was omitted from the said Ordinance No____, and this ordinance is adopted to amend and restate the referenced ordinance to include the additional truck route.

            THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT THE FOLLOWING AMENDMENT IS MADE AND THE FOLLOWING  ARTICLE BE AND IS HEREBY ADOPTED:

ARTICLE VIII.  THROUGH TRUCKS

SECTION 44-270

(a)          No person shall intentionally or knowingly operate any vehicle with a rated capacity in excess of twenty-six thousand pounds GVWR (26,000) according to the manufacturer’s classification upon any public street within the city limits of the City of Fredericksburg, except upon such streets as are designated as Truck Routes.  Wherever any street designated as a Truck Route is being repaired or is otherwise temporarily out of use, the Chief of Police of the City of Fredericksburg or his/her designee is authorized to designate alternate Truck Routes for such periods as may be necessary.

(b)       This section shall not apply to:

(1)          Recreational vehicles and personal trailers.  As used herein, recreational vehicles means a vehicular portable structure designated for a temporary or short-term occupancy for travel, recreational or vacation uses, including vacation travel trailers, converted buses, tent trailers or similar devices used for temporary portable housing.   As used herein, personal trailer means a wheeled device made to be hauled by a personal motor vehicle upon a road or highway, and includes a horse trailer, car trailer, motorcycle trailer, boat trailer, lawn equipment trailer, gooseneck trailer, and any other trailer designed and intended to be used to carry animals, boats, large items, or motor-driven means of transportation. 

               (2)            Street construction, maintenance and repair vehicles engaged in the construction,
                               maintenance, or repair of city streets;

               (3)           Vehicles used by public services companies engaged in providing or maintaining
                               their service(s) within the city;

               (4)          Authorized emergency vehicles responding to a catastrophe or emergency calls or
                               otherwise are participating in City of Fredericksburg authorized training, displays, 
                               parades or the like;

               (5)           Vehicles used or operated by the City of Fredericksburg performing city business,
                               include transit uses, and including any  person, partnership, corporation or other 
                               entity, which undertakes or contracts to construct any public facilities for the  City
                               of Fredericksburg;

               (6)           Vehicles used by the City’s franchisee(s) for the franchisee’s approved activities; or

               (7)          Vehicles operating under a valid permit issued by the state department of highways
                              and public transportation under the provisions of Transportation Code Section
                              623.071; or

               (8)          Vehicles being operated as part of a permitted parade or other public festival; or

               (9)          Vehicles being operated in accordance with instructions from a police officer of the
                              City of Fredericksburg

(c)           It is an affirmative defense to prosecution under this ordinance for a defendant to prove that the vehicle, which is the subject of the violation and which was restricted to the streets or roadways designated as Truck Routes (1) departed from such Truck Routes because it was necessary to load or unload merchandise at locations situated off designated Truck Routes and that such vehicle left a designated Truck Route at a turning-off point that is the shortest distance practical to the ultimate destination of the vehicle which is consistent with the reasonable operation of the vehicle; or (2) departed from Truck Routes for the purpose of traveling to and from a truck terminal and that such vehicle proceeded by the most direct route practical from the Truck Route to the terminal and that the vehicle did not use streets located in or adjacent to areas zoned R-1, R-2 or R-3 Residential by the Zoning Ordinance of the City of Fredericksburg to reach a truck terminal.  In no event will such vehicles departing from a designated Truck Route, under the provisions of this exception, operate on streets or roadways otherwise prohibited for truck travel under any other Ordinance of the City of Fredericksburg. 

(d)       No person shall intentionally or knowingly operate a vehicle that falls within the criteria set
            forth in subsection (a) above on any street not designated as Truck Route without having in
            his or her possession a log book, delivery slip, or other evidence of destination point of origin
            for such vehicle.

SECTION 44-271    
The following are hereby designated as Truck Routes within the City Limits of the City of Fredericksburg:
            (a) United States Highway 290 (also known as Main Street)

            (b) Highway Street

            (c) Milam Street (also known as FM 965) north of Main Street

            (d) Friendship Lane

            (e) State Highway 16 North and South

            (f) State Highway 87 North and South

            (g) FM 2093 (also known as Tivydale Road)

            (h) FM1631 (also known as Cave Creek Road) to the City limits

                                    -------END OF CODE TEXT------

           This Ordinance shall be enforced, and penalties for its violation assessed, in accordance with the penalty provisions of the Code of Ordinances of the City of Fredericksburg.

            If any portion of this Ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof.

            This Ordinance shall be effective after its passage and publication in accordance with law.  The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper of the City of Fredericksburg.

            PASSED AND APPROVED this 17th day of OCTOBER, 2005.

                                                                        ____________________________________

                                                                        TIMOTHY M. CRENWELGE, Mayor

ATTEST:

_______________________________

SHELLEY BRITTON, City Secretary

APPROVED AS TO FORM;

______________________________

PAT MCGOWAN, City Attorney