HomeMy WebLinkAbout2019-4071 - Ordinance - 02/14/2019ORDINANCE NO. 2019-4071
AN ORDINANCE REPEALING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE
I “IN GENERAL,” SECTION 38-13 “TRUCK PROHIBITIONS” AND AMENDING
CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE V “RESERVED” AND
AMENDING SEC. 38-1009. – “TRAFFIC SCHEDULE IX”, “TRUCK PROHIBITIONS”
OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS,
RELATING TO TRUCK PROHIBITIONS, PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 38, “Traffic and Vehicles,” Article I “In General,” Section 38-13
“Truck Prohibitions” of the Code of Ordinances of the City of College Station,
Texas is repealed as set out in Exhibit “A” attached hereto and made a part of this
Ordinance for all purposes and that Chapter 38, “Traffic and Vehicles,” Article V
“Reserved” of the Code of Ordinances of the City of College Station, Texas, is
amended as set out in Exhibit “B” attached hereto and made a part of this
Ordinance for all purposes and that Chapter 38, “Traffic and Vehicles,” Sec. 38 -
1009. – “Traffic Schedule IX”, “Truck Prohibitions” of the Code of Ordinances of
the City of College Station, Texas, is amended as set out in Exhibit “C” attached
hereto and made a part of this Ordinance for all purposes
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance upon a finding of liability
thereof shall be deemed liable for a civil offense and punished with a civil penalty
of not less than one dollar ($1.00) and not more than two thousand dollars
($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished
by a fine of not less than twenty five dollars ($25.00) and not more than five
hundred dollars ($500.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2019-4071 Page 2 of 5
PASSED, ADOPTED and APPROVED this 14th day of February, 2019.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2019-4071 Page 3 of 5
Exhibit A
That Chapter 38, “Traffic and Vehicles,” Article I “In General,” Section 38 -13 “Truck
Prohibitions” is repealed.
ORDINANCE NO. 2019-4071 Page 4 of 5
Exhibit B
That Chapter 38, “Traffic and Vehicles,” Article V “Reserved” is hereby amended to Article V
“Truck Prohibitions” and is to read as follows:
Article V “Truck Prohibitions”
Sec. 38-201 No Through Trucks.
(a) Local Street Prohibition. It is unlawful for a person to drive or operate a truck or any
other motor vehicle with a Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or
higher on a street described in Section 38-1009 marked with a sign prohibiting through
truck traffic.
(b) Truck Route. It is unlawful for a person to drive or operate a truck or any other motor
vehicle with a Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or higher on any
other route except for the through route of State Highway 6.
(c) Affirmative Defenses. It is an affirmative defense to prosecution under this section that:
(1) The person is operating the truck or motor vehicle that is going directly to or from
a residential or business address on prohibited street to deliver or pick -up material
and the driver or operator has proof of the delivery or pick-up.
(2) The person is using the truck or motor for a private purpose not including the
transporting, loading, or unloading of material or property.
(d) Non-Applicability. This section does not apply to person driving or operating a truck or
motor vehicle that is:
(1) Owned by a governmental entity,
(2) Owned by a public or private utility,
(3) Engaged in the business of transporting people, or
(4) Parked at the owner's or lessee's residence or place of business.
Sec.38-202 Oversized and Overweight Loads
(a) Time Limits. It is unlawful for any oversized or overweight motor vehicle or load carried
by any motor vehicle to travel through the City from 6:00 AM to 9:00 AM and from 4:00 PM to
7:00 PM exceeding:
(1) Height. 16 feet and 6 inches in height,
(2) Weight. 254, 000 lbs. GWVR, or
(3) Width. 102 inches in width
(4) Length 65 feet in length.
ORDINANCE NO. 2019-4071 Page 5 of 5
Exhibit C
That Chapter 38, “Traffic and Vehicles,” Sec. 38-1009. – “Traffic Schedule IX”, “Truck
Prohibitions” is hereby amended and is to read as follows:
Street Intersecting Street Traffic Direction
Barron Cut-off Road Barron Road East/West
Bird Pond North/South
Munson Dominik North
Munson Lincoln South
North Graham Road East/West
Old Wellborn Road Cain Road North/South