Freer bans commercial vehicles on city streets Story Comments ShareShare Print Create a hardcopy of this page Font Size: Default font size Larger font size Posted: Friday, September 27, 2013 5:04 pm By Claudia Garcia cgarcia@aliceechonews An ordinance for the City of Freer is now prohibiting commercial vehicles from operating on any street or alley. The ordinance establishes weight limitations on city streets as well as what qualifies as a commercial vehicle, the speed regulations and penalties. The ordinance states that Freer is a Type B General Law municipality which may adopt ordinances for the good of government, peace or order of the incorporated municipality. Sports Blitz The Freer City Council adopted the ordinance that designates “truck free” routes and speed regulations. The ordinance states “commercial vehicle shall mean every vehicle designed, maintained, licensed, or used primarily for the transportation of loads of 8,000 pounds or more. This ordinance never shall be construed to include vehicles commonly known as pickup trucks, but shall include every vehicle used for delivery purposes, local work-over rigs, local oil field related vacuum trucks, etc.” Trucks will have the opportunity for an Exemption Certificate which exempts a commercial vehicle owned and operated by a person, company and/or corporation from payment of a fee for a permit to travel upon city streets to conduct regular business transactions beyond the boundaries of the designated truck route. The ordinance states “person means and includes an individual, business entity, company, non-profit enterprise, joint venture, partnership, corporation, or association. Vehicle shall mean every device in or by which property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rails or tracks.” Commercial vehicles are not allowed to travel within city limits. They include State Highway 16, State Highway 44, State Highway 59, Carolyn Street running East to West between North Tipton and North Texas Avenue, vehicles transporting farm products while in route to a delivery site, vehicles delivering consumer goods to a consumer or a school, vehicles delivering materials to construction site, motorized construction equipment proceeding to and from a construction project, water well drilling or servicing rigs, vehicles carrying landscaping materials to project, buses designed and licensed to carry passengers, vehicles engaged in construction or repair of roads or municipal infrastructure and vehicles performing or serving police, fire, emergency, maintenance, or other similar governmental functions at the direction of the City, Duval County, or State of Texas. In the case of a parade, the Chief of the Freer Police Department or his/her designee is expressly authorized to abate the limitations of this ordinance and to authorize travel by any type of vehicle on any city roadway by establishing a temporary truck route by posting temporary suitable signs and/or types of barriers or markings that are easily seen and ensuring the route can be easily accessed by the truckers. The maximum speed limit within all intersections and on all public streets within the city shall be 30 miles per hour and any speed in excess shall be prima facie evidence that such speed is not responsible or prudent, and is unlawful. The maximum speed limit within the public parks of the city shall be 20 miles per hour and any speed in excess thereof shall be prima facie evidence that such speed is not reasonable or prudent, and is unlawful. The maximum speed limit within the alleys of the city shall be 10 miles per hour, and any speed in excess thereof shall be prima facie evidence that such speed is not reasonable or prudent and is unlawful. All local businesses who require the operation on city streets of commercial vehicles necessary to the business shall apply to the city for an exemption certificate and a designated and restricted route. Any business or individual that desires a legitimate exception may apply to the city, showing the necessity for the exception and the designated and restricted route to and from the highway.If a requested exception is not approved by the city secretary, the city council, upon a showing of good cause in the application, may approve the exception. The City Secretary shall not unreasonably withhold the permit upon the showing of good cause for a legitimate exception and a further showing of the probability that city streets will not be damaged. The following are exempted from this Ordinance, fire and EMS vehicles of the Freer Volunteer Fire Department, Duval County Emergency Service District No. 1 vehicles, City of Freer Street Department vehicles, City of Freer Police Department vehicles and electricity utility trucks and solid waste garbage trucks. These exceptions, exemptions or permits are subject to revocation by the City Council if violated in any manner. The daily permit fee shall be collected after a City Police Officer has certified the vehicle meets the weight requirement of this ordinance. A daily permit fee of $35 shall be payable to the city in the form of a cashier’s check or money order or other acceptable tender approved by the city secretary. The daily permit shall be approved by the city secretary after a city police officer certifies the vehicle has been examined and meets the applicable vehicle weight requirement. The driver of the vehicle will be given a truck route to follow to fulfill the business transaction. Any deviation from the established route will constitute a Class C misdemeanor violation of this Ordinance and the driver shall be subject to the fine established herein. A yearly permit fees of $475 shall be collected after the city council has approved the permit application and has established the appropriate route. The permit shall expire one year from the date of issuance. The permit shall be registered by the Vehicle Identification Number (VIN) of the vehicle listed on the permit application. The permit is non-transferable and shall not be placed inside another vehicle in possession of the person, company or corporation purchasing the permit. When a person, company or corporation replaces the registered vehicle, a new permit shall be required. If the registered vehicle is sold, donated or transferred to another person, company, or corporation, the permit shall be inactive and rendered void. The permit shall be maintained and displayed on or inside the vehicle at all times. The exemption certificate shall have no monetary value and shall be valid for a period of one year from the date of issuance and upon expiration, a new application shall be required for approval by the City Council. Any person, company or corporation who holds a permit issued pursuant to this ordinance found guilty of violating the speed regulations of this ordinance in three separate offenses by a court of competent jurisdiction shall forfeit any issued permit for a period of six months following the third violation and conviction of this ordinance. A new application shall be required to obtain a new permit after such forfeiture. Any person, company or corporation violating this ordinance shall have committed a Class C misdemeanor and shall be subject to a fine not to exceed $500 per offense. Like my page at facebook/ClaudiaGarciaAliceNewspapersInc
Posted on: Sat, 28 Sep 2013 15:49:15 +0000
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