Draft of Proposed Oversized Vehicles Ordinance_City of Farmers Branch

DRAFT PART II - CODE OF ORDINANCES Chapter 82 - TRAFFIC AND VEHICLES ARTICLE III. OVERSIZED VEHICLES

ARTICLE III. OVERSIZED VEHICLES DIVISION 1. GENERALLY Sec. 82-201. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bus means a motor-driven passenger vehicle 25 feet or greater in length which has the capacity to accommodate more than 15 persons.

Chief of Police means the chief of police of the City of Farmers Branch or designee.

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that: (A) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds; or (B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds; or (C) is designed to transport 16 or more passengers, including the driver; or (D) is transporting hazardous materials and is required to be placarded under 49 Code of Federal Regulations, Part 172, Subpart F. Mobile home means living quarters equipped and used for sleeping and eating which may be moved from one location to another over a public street by being pulled behind a motor vehicle.

Motor vehicle means every vehicle, as herein defined, which is self-propelled.

On-street parking permit means written governmental permission authorized by the chief of police or appointed designee empowering the holder thereof to park or store a bus or recreational vehicle on a public street within a residential zoning district for a temporary period of time not to exceed one week or seven consecutive days in duration. Such permit shall identify the owner or operator of such vehicle, nearest street address or precise description of location where the vehicle is to be parked or stored, the date the permit is issued, the date of expiration, and any other

Farmers Branch, Texas, Code of Ordinances (Supp. No. 24)

Created: 2021-05-30 10:35:13 [EST]

Page 1 of 6

information, conditions or special restrictions deemed necessary by the Chief of Police at the time of issuance.

Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

Prohibited area means all the public streets located: Between the most northern right-of-way line of Royal lane to the most southern right-ofway line of Interstate Highway 635 Service Road and the west city limits to the most western right-of-way line of Luna Road.

Between the most northern right-of-way line of Interstate Highway 635 Service Road to the most southern right-of-way line of Valley View Lane and the west city limits and the most western right-of-way line of Luna Road.

Between the most southern right-of-way line of Crown Drive to the most southern rightof-way line of the Interstate Highway 635 Service Road and the most eastern right-ofway line of Luna Road to the east city limits.

Between the most northern right-of-way line of the Interstate Highway 635 Service Road to the most southern right-of-way line of Valley View Lane and the most eastern right-ofway line of Luna Road and the most eastern right-of-way of Senlac Drive. Inclusive of these streets east of Senlac Drive: Wittington Place, Broom Street, Delancey Street, and Rivington Street.

Valley View Lane between the most eastern right-of-way the N. Stemmons Freeway to the east city limits.

Denton Drive between the most northern right-of-way of Valley View Lane and the south city limit.

Between the most easterly right-of-way line of Denton Drive on the west, except for Distribution Way and Valwood Drive between its intersection with Denton Drive to its intersection with the most eastern right-of-way line of Distribution Way extended, the south city limits line on the south, the most westerly right-of-way line of Midway Road on the east and the north city limits line on the north.Between the most easterly right-ofway line of Denton Drive on the west, except for Distribution Way and Valwood Drive between its intersection with Denton Drive to its intersection with the most easterly rightof-way line of Distribution Way extended, the south city limits line on the south, the most westerly right-of-way line of Midway Road on the east and the north city limits line on the north.

Created: 2021-05-30 10:35:12 [EST]

(Supp. No. 24) Page 2 of 6

Recreational vehicle means any vehicular type portable structure without permanent foundation which can be towed, hauled or driven and which is primarily designed to serve as temporary living accommodations for recreational, camping or travel use, including, but not limited to, travel trailers, camping trailers, converted bused and self-propelled motor homes. This definition does not include pickup trucks equipped with camper units, pickup trucks with bed caps, or vans that have a gross vehicle weight rating of three-quarter ton or less.

Residential area means any area, lot or real property zoned as single family, two family, multifamily, residential or planned development with residential uses occupied or eligible to be occupied for residential dwelling purposes.

Semitrailer 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.

Trailer means a vehicle, other than a pole trailer, with or without motive power, designed to be drawn by a motor vehicle and to transport persons or property; and constructed so that no part of the vehicle's weight and load rests on the motor vehicle. This definition does not include boat trailer.

Truck means a motor vehicle designed, used, or maintained primarily to transport property.

Truck tractor means a motor vehicle designed and used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load.

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 vehicles, truck tractors, and semitrailer, severally as herein defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks.

Sec. 82-202. Driving, parking, stopping or standing prohibited.

(A) It shall be unlawful for any person to park, stop, stand, or drive or permit to be operated or parked any commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof upon any public street, alley, parkway, boulevard, or roadway within the prohibited area.

(B) No person shall park, stop, or stand any commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof on any public street within the city’s corporate limits during the hours of 10:00 p.m. to 6:00 a.m., except temporarily disabled vehicles which are protected by flares or other approved signal devices.

Created: 2021-05-30 10:35:12 [EST]

(Supp. No. 24) Page 3 of 6

Sec. 82-203. Exemption. (a) The provision of section 82-202 (a) shall not apply to: (1)

Emergency vehicles, vehicles operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of such public utility or providing maintenance service to such facilities, or vehicles operated for public service, e.g. garbage pickup, street repair and water service.

(2)

Commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof traveling to or from a location in the prohibited area for the purpose of providing repair or maintenance service or loading or unloading good, wares, or merchandise, provided such vehicle is operated over the shortest practicable route, and the operator of such vehicle has in operator’s immediate possession evidence of the local destination and point of origin.

(3)

Commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof traveling to or from the location of a business within the prohibited area which operates such commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof provided such vehicle is operated over the shortest practicable route, except vehicles covered by subsection (4) of this section.

(4)

Commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof operated by a business located within the area located between Garden Brook Drive, Beltline Road, Webb Chapel Road and Marsh Lane that travel on Beltline Road, Garden Brook Drive, Towerwood Drive, Enterprise Drive, Trend Drive and Venture Drive.

(5)

Buses.

(6)

Wreckers.

(7)

Recreational vehicles.

(b) The provision of section 82-202 (b) shall not apply to: (1) Emergency vehicles, vehicles operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of such public utility or providing maintenance service to such facilities, or vehicles operated for public service, e.g. garbage pickup, street repair and water service.

(2) Buses for which a permit has been issued pursuant to section 82-222.

(3) Recreational vehicles for which a permit has been issued pursuant to section 82-222.

Sec. 82-204. Location presumption of violation.

Parties parking, stopping, standing or driving a commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof within the prohibited area shall be presumed to be in violation of section 82-202 which presumption is a rebuttable presumption.

Sec. 82-205. Signs.

The director of public works or other person designated by the city manager shall erect appropriate signs and markings throughout the prohibited area advising motorists of the prohibition.

Created: 2021-05-30 10:35:12 [EST]

(Supp. No. 24) Page 4 of 6

Secs. 82-206—82-220. Reserved.

DIVISION 2. PARKING, LOADING AND UNLOADING Sec. 82-221. Parking in residential areas. (a) Prohibition. It is unlawful for any person to park a vehicle that has a gross vehicle

weight or gross vehicle weight rating of over 10,000 pounds; or any trailer in a residential area, except for the purpose of loading or unloading the vehicle or trailer or except for the holder of a 24-hour loading/unloading permit issued pursuant to section 86-222. (b)

Violations deemed nuisance. If any vehicle that has a gross vehicle weight or gross vehicle

(c)

Exceptions. The provisions of section 82-221 shall not apply to the following:

weight rating of over 10,000 pounds, or any trailer is parked upon any such street in violation of any provisions of this section, such vehicle or trailer is hereby declared a nuisance per se and the fact that such vehicle or any trailer is so parked by any person shall be prima facie evidence that the person or the owner of such vehicle or any trailer unlawfully parked such vehicle or trailer.

Pickup trucks or passenger vans used for personal noncommercial purposes without commercial advertisement with a gross vehicle weight or gross vehicle rating of 12,000 pounds or less.

(1)

(2)

Vehicles parked on or directly adjacent to a construction site, which are a necessary part of the construction process being conducted at the site, for the periods of time and according to the terms set out in a permit or a placard issued by the building official provided such permit or placard is posted in the window of such vehicle.

Sec. 82-222. Parking permits. (a)

Permit conditions.

(1)

It shall be unlawful for any person to park or store any bus or recreational vehicle on a public street within a residential area except for the temporary parking or standing of such vehicles for the expeditious loading or unloading of passengers or contents.

(2)

It shall be an affirmative defense to prosecution for parking or storing a bus or recreational vehicle on a public street within a residential area if a valid on-street parking permit has been issued to the owner or operator of such vehicle and the parking or storage of such vehicle is not in violation of state law or ordinance of the city.

(3)

The chief of police shall have the authority to issue, revoke or extend any on-street parking permit and may impose any additional conditions or restrictions at the time of issuance deemed necessary to ensure that the health, safety and welfare of the residents and guests of the city are not jeopardized.

(4)

No more than three on-street parking permits may be issued to allow a bus or recreational vehicle to be parked at the same address or street location within the same calendar year, unless otherwise deemed necessary by the chief of police.

Created: 2021-05-30 10:35:13 [EST]

(Supp. No. 24) Page 5 of 6

(5)

The chief of police may issue a 24-hour loading/unloading permit that allows the permit holder to park a vehicle solely for the purpose of loading or unloading the vehicle within a residential area.

Secs. 82-223—82-240. Reserved.

DIVISION 3. WEIGHT LIMITS ON STREETS Sec. 82-241. Definitions. Section Repealed.

(Ord. No. 828, § 1, 10-20-1969; Ord. No. 1885, § 1, 5-21-1990) Cross reference(s)—Definitions generally, § 1-2.

Sec. 82-242. Maximum weights generally; dimensions and fees. Section Repealed.

(Ord. No. 828, § 2, 10-20-1969; Ord. No. 1280, § 1, 11-19-1979)

Sec. 82-243. Authority of police officers to weigh loaded vehicles. Section Repealed.

(Ord. No. 828, § 3, 10-20-1969)

Sec. 82-244. Relief from personal liability in enforcement of division. Section Repealed.

(Ord. No. 828, § 7, 10-20-1969)

Sec. 82-245. Specific weight limits. Section Repealed.

(Ord. No. 971, § 1, 9-4-1973; Ord. No. 1083, § 1, 11-3-1975; Ord. No. 1211, § 1, 9-18-1978; Ord. No. 1239, § 2, 319-1979; Ord. No. 1256, §§ 1—3, 7-2-1979; Ord. No. 1362, §§ 1—3, 9-21-1981; Ord. No. 1384, §§ 1—3, 8-301982; Ord. No. 1755, §§ 1—4, 2-1-1988; Ord. No. 2080, § 1, 9-20-1993; Ord. No. 2081, § 1, 9-20-1993; Ord. No. 2082, § 2, 9-20-1993; Ord. No. 2083, § 1, 9-20-1993; Ord. No. 2084, § 1, 9-20-1993; Ord. No. 2387, §§ 2, 3, 5-18-1998; Ord. No. 3533 , § 4, 10-1-2018)

Secs. 82-246—82-270. Reserved.

Created: 2021-05-30 10:35:13 [EST]

(Supp. No. 24) Page 6 of 6