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78-2(1)-Ordinance-Establishing Truck-Tractor Trailer Routes-06/19/1978ORDINANCE NO. 78-2 (1) AN ORDINANCE REGULATING TRAFFIC ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF SANGER, TEXAS, CONTAINING DEFINITIONS, ESTABLISHING TRUCK ROUTES, PROHIBITING THE USE OF TRUCKS, TRUCK -TRACTORS, AND TRUCK OR TRUCK -TRACTOR TRAILER OR SEMI -TRAILER COMBINATIONS ON STREETS NOT INCLUDED WITHIN TRUCK ROUTES, WITH CERTAIN SPECIFIED EXCEPTIONS, PROVIDING FOR INSTALLATION OF SIGNS, PROVIDING A PENALTY FOR VIOLATION OF THE ORDINANCE, CONTAINING SEVERABILITY AND EMERGENCY CLAUSES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sanger, Texas, has found and determined that residential streets in the City of Sanger, Texas, outside the Central Business District, are inadequate for the transportation of trucks, truck -tractors, and truck or truck -tractor trailer or semi -trailer combinations, because of excessive damage to such streets caused by the use of such vehicles on said streets, and the City Council of the City of Sanger, Texas, has further found that the use of such vehicles on said streets creates significant traffic hazards and dangers to the public, which may be avoided or reduced by the regulation of traffic on said streets, and that it is necessary and in the public interest that specified truck routes be established in the City of Sanger, .Texas, for the use of such trucks and similar vehicles, and that the use and transportation of such vehicles be prohibited, as hereinafter set forth, on City streets not included within said truck routes, with the exceptions hereinafter set forth; NOW, THEREFORE: THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, A MUNICIPAL CORPORATION, HEREBY ORDAINS: SECTION 1. A. DEFINITIONS 1. "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property. 2. "Light Truck" means any truck with a manufacturer's rated carrying capacity not to exceed three thousand (3,000) -1- s pounds, and is intended to include -those trucks- commonly known as pickup trucks, panel delivery trucks, carryall trucks, and other similar vehicles. 3. "Trailer" means every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. 4. "Semi -Trailer" means every vehicle with or without motive power, designed for purposes of carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its- weight and that of its load rests upon or is carried by another vehicle. B. DESIGNATION OF TRUCK ROUTES. The Following streets and highways within the City Limits of the City of Sanger, Texas, are hereby designated as "truck routes," to -wit: 1. Interstate Highway No. 35, including service roads, between the North and South City Limits of the City of Sanger, Texas. 2. Loop 138, constituting the business by-pass route for Interstate Highway No. 35, including old United States Highway No. 77, being 5th Street in the City of Sanger, Texas. 3. Farm to Market Road No. 455 from the West City Limits of Sanger, Texas, to the East City Limits of said City. 4. Streets within the Central Business District of Sanger, and within the fire limits of the said City of Sanger, as provided by ordinance, including Elm, Bolivar, and Cherry Streets, between lst Street and 6th Street, and lst, Znd, 3rd, 4th, 5th, and 6th Streets, between Elm and Cherry Streets, said district being bounded by Elm Street on the North, Cherry Street on the South, lst Street on the East (except the closed portion of lst street), and 6th Street on the West. 5. Second Street between its intersection with -2- Wayne Drive on the South, and Farm to Market Road No. 455, on the North. 6. Old Pilot Point Highway with its intersection from Loop 138 to Farm to Market 455 East. Limits. 7. Bolivar Street from lst Street to Railroad Avenue. 8. Railroad Avenue from Bolivar Street to Willow. 9. Willow Street from Second Street to the East City 10. Wayne Drive from its intersection with Second Street to its intersection with Loop 138. SECTION II PROHIBITION OF USE OF TRUCKS, TRUCK -TRACTORS, TRUCK OR TRUCK TRACTOR TRAILER OR SEMI -TRAILER COMBINATIONS, EXCEPT LIGHT TRUCKS ON ALL STREETS WITH�T THE CITY LIMITS OF BANGER, TEXAS, NOT INCLUDED WITH THE DESIGNATED TRUCK ROUTES, WITH CERTAIN EXCEPTIONS. A. The use, storage, parking, or transportation of trucks, truck -tractors, truck -trailer, truck semi -trailer, truck -tractor -trailer, and truck -tractor semi -trailer combination vehicles, except light trucks, as hereinabove defined, shall be and is hereby prohibited on all streets within the City Limits of the City of Sanger, Texas, not included in the designated truck routes, as set forth in Section 1. (B) of this Ordinance above, with the exceptions set forth below. B. Exceptions. 1. When necessary to make deliveries of merchandise or property to any business or residence within the City of Sanger, Texas, the use of the most direct route to business premises or residence by an otherwise prohibited vehicle or vehicle combination shall be permitted for the length of time reasonably necessary to complete such delivery. 2. School buses, church buses, and authorized -3- public emergency vehicles, including fire trucks are exempt fIL om the provisions of this Ordinance. 3. This ordinance shall not apply to private emergency vehicles, such as wrecker trucks, and repair tow trucks, when making emergency business calls to pick-up or tow disabled vehicles of any description. 4. Public utility service or maintenance trucks or vehicles are exempt from the provisions of this ordinance when engaged in the business of service or repair of public utility lines. Private vehicles performing the same service to homeowners are likewise exempt from the provisions of this ordinance when engaged in the business of making home repairs to private utility lines, or other home repairs. C. Parking or Storage Prohibited The parking or storage of vehicles enumerated in Section II A, hereinabove, on all City Streets within the City of Sanger, Texas, not included in a designated truck route, is hereby prohibited. SECTION III PENALTY FOR VIOLATION Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not less then ten Hundred ($200.00) Dollars. SECTION IV CIVIL ENFORCEMENT nor more than Two The criminal penalties -set forth hereinabove in Section III of this Ordinance are not exclusive of other methods of enforcement of this Ordinance authorized by law, and the terms, provisions, and conditions of this Ordinance may be enforced by injunction or other form of relief authorized by law. -4- SECTION V REPEALING CLAUSE All ordinances or parts of ordinances in. express conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. SECTION VI SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance, or application thereof to any person or circumstances is held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Sanger, Texas, hereby declares it would have enacted the remaining portions despite any such invalidity. SECTION VII EMERGENCY CLAUSE The City Council of the City of Sanger, Texas, further finds as set forth in the preamble to this Ordinance, that an imperative public need exists for the immediate passage of this ordinance regulating truck traffic on public streets in the City of Sanger, Texas, as set forth hereinabove, and that the placing in effect of this Ordinance immediately constitutes an emergency. SECTION VIII EFFECTIVE DATE This Ordinance shall take effect, and be in full force and effect, from and after its passage. APPROVED this the ATTEST: CitvO Sec 19th day of June Mayor A.D., 19 78 . -5-