Ordinance 2015-20 ORDINANCE NO.2015-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, REPEALING ORDINANCE NOS. 78-17 AND 87-62;
DESIGNATING TRUCK ROUTES TO REGULATE THE ACTIVITIES
OF COMMERCIAL MOTOR VEHICLES IN THE CITY OF WYLIE;
PROVIDING FOR DEFINITIONS, UNLAWFUL ACTS AND
EXCEPTIONS THERETO; PROVIDING FOR NOTICE OF THE TRUCK
ROUTES BY THE INSTALLATION OF SIGNS AND MARKERS;
PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted
Ordinance Nos. 78-17 and 87-62 to designate certain roads, streets and highways within the city
limits of the City of Wylie, Texas ("C ") as truck routes for commercial motor vehicle traffic
traveling within the City; and
WHEREAS, the City Council desires to strengthen its regulations on commercial motor
vehicle traffic and provide for additional enforcement; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to repeal Ordinance Nos. 78-17 and 87-
62, currently codified at Sections 110-151 to 110-153 of the City's Code of Ordinances, in their
entirety; and
WHEREAS, the City Council finds that it would be advantageous and beneficial to the
City and its citizens to adopt a new truck route ordinance, providing for the prohibition of travel
of commercial motor vehicles over certain roads, streets and highways in the City to promote the
health, safety and welfare of the general public and to preserve and protect the functionality and
integrity of the City's roads, streets and highways.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein
SECTION 2: Ordinance Nos. 78-17 and 87-62 Repealed. Ordinance Nos. 78-17 and
87-62 are hereby repealed in their entirety and replaced by this Ordinance. The effective date of
such repeal shall not occur until the effective date of this Ordinance, at which time Ordinance
Nos. 78-17 and 87-62 shall be repealed. Such repeal shall not abate any pending prosecution or
lawsuit or prevent any prosecution or lawsuit from being commenced for any violation of
Ordinance Nos. 78-17 and 87-62 occurring before the effective date of this Ordinance.
Ordinance No.2015-20
Designating Truck Routes and Repealing Ordinance Nos.78-17 and 87-62 Page 1 of 5
669736
SECTION 3: Definitions. For purposes of this Ordinance, the following definitions
apply, except where the context clearly indicates a different definition:
Commercial motor vehicle means a self-propelled or towed vehicle, other than a farm
vehicle with a gross weight, registered weight or gross weight rating of less than 48,000
pounds, that is used on a public road, street or highway to transport passengers or cargo
if.
(1) the vehicle, including a school activity bus as defined in Section 541.201
of the Texas Transportation Code, or combination of vehicles has a gross
weight, registered weight or gross weight rating of more than 26,000
pounds;
(2) the vehicle, including a school activity bus as defined in Section 541.201
of the Texas Transportation Code, is designed or used to transport more
than 15 passengers, including the driver;
(3) the vehicle is used to transport hazardous materials in a quantity requiring
placarding by a regulation issued under the Hazardous Materials
Transportation Act(49 U.S.C. Section 5101 et seq.); or
(4) the vehicle is a commercial motor vehicle as defined by 49 C.F.R. Section
390.5 or similar regulation if operated interstate.
Farm vehicle has the meaning assigned by the federal motor carrier safety regulations.
Truck route means those roads, streets or highways which are designated in this
Ordinance for the use of truck traffic.
Truck traffic means the operation of any commercial motor vehicle.
SECTION 4: Compliance. It shall be unlawful to operate a commercial motor vehicle
on any road, street or highway in the City except on those designated as truck routes in Section 5
and except as provided in Section 8.
SECTION 5: Designated Truck Routes. For the purposes of this Ordinance, the
following roads, streets or highways in the City are designated as truck routes:
Street Segment Extent
FM 2514 Parker Road Entire ci limits
FM 1378 (Country Club Road Entire city limits
West Brown Street From FM 1378 (Country Club to SH 78
FM 544 From McCreary Road to SH 78
SH 78 Entire city limits
Sanden Boulevard From FM 544 to SH 78
Ballard Avenue From SH 78 south to Pleasant Valley Road
Ordinance No.2015-20
Designating Truck Routes and Repealing Ordinance Nos.78-17 and 87-62 Page 2 of 5
669736
Stone Road From Ballard Avenue to FM 544
FM 544 From Stone Road south to the city limits
Alanis Drive From SH 78 to FM 544
Pleasant Valley Road Entire city limits
SECTION 6: Proceeding Directly to Routes. If any truck traffic originating within the
City shall have, as its point of origin, a point located off a designated truck route, it shall proceed
to the nearest point on a designated truck route by the most direct route possible. If such traffic
shall originate outside the City and enter the City at a point which is not on a designated truck
route, it shall proceed to the nearest point on a designated truck route by the most direct route
possible.
SECTION 7: Departing from Routes.
(1) Truck traffic restricted to the streets, roads and highways designated as truck
routes may depart from such truck routes where it is necessary for the immediate
loading or unloading of property at locations situated off designated truck routes.
However, such truck traffic shall not leave any designated truck route until it has
reached a point on a designated truck route which is nearest the applicable place
of loading or unloading by the most direct route possible. After leaving a
designated truck route to load or unload, truck traffic may continue off truck
routes to as many points of destination as necessary. However, if in the course of
making necessary stops for loading and unloading the truck traffic shall cross a
designated truck route, the truck traffic shall not again leave any designated truck
route until it has reached a point on some designated truck route which is nearest
to the next place of loading and unloading by the most direct route possible.
(2) It shall not be necessary to proceed to the nearest designated truck route when,
under Section 6, truck traffic originates off a designated truck route, whether
inside or outside the City, and the destination of the truck traffic is nearer the
origin or point of entering the City, as the case may be, than is the nearest point on
a designated truck route by the most direct route possible.
(3) Traveling to a place of business in a commercially zoned area shall be a defense to
traveling on a road, street or highway that is not a designated truck route in
violation of this Ordinance.
SECTION 8: Exceptions. The provisions of this Ordinance shall not apply to:
(1) emergency vehicles operating in response to any emergency call;
(2) commercial motor vehicles traveling to or from a location that is not a designated
truck route for a legitimate business purpose, including but not limited to, repair
or maintenance service or loading or unloading cargo that requires traveling off of
the designated truck routes, provided that such vehicle is operated on the most
Ordinance No.2015-20
Designating Truck Routes and Repealing Ordinance Nos.78-17 and 87-62 Page 3 of 5
669736
direct route possible and the operator of such vehicle has in his or her immediate
possession evidence of the local destination and point of origin;
(3) an operator of a commercial motor vehicle driving to and from his or her
residence;
(4) commercial motor vehicles owned or operated by or on behalf of a governmental
entity, a public utility or any contractor or materialman engaged in the repair,
maintenance or construction of roads, streets or highways, road, street or highway
improvements or utilities within the City;
(5) commercial motor vehicles owned or operated by or on behalf of a governmental
entity engaged in or performing official,authorized government business; and
(6) commercial motor vehicles operating on a City-or state-designated detour.
SECTION 9: Posting o, f Signs and Markings. The City Manager or his or her designee
shall erect or place appropriate signs and markings indicating the truck routes designated in this
Ordinance. The signs shall be permanently affixed to a stationery post or installed on permanent
buildings or walls or as otherwise approved. The signs and markings shall in no way be
obstructed from view and shall comply with applicable state laws.
SECTION 10: Penal . Any person, firm, corporation or entity violating any provision
of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be fined a sum of not less than One Dollar ($1.00) nor more than
Five Hundred Dollars ($500.00). Each continuing day's violation shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude the City from
filing suit to enjoin the violation. The City retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The City hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, regardless of whether any one or more sections,
subsections, sentences,clauses or phrases is declared unconstitutional and/or invalid.
SECTION 12: Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of such ordinances shall remain in full force and effect.
SECTION 13: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law and the City Charter.
Ordinance No.2015-20
Designating Truck Routes and Repealing Ordinance Nos.78-17 and 87-62 Page 4 of 5
669736
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS, on this 26`x' day of May, 2015.
te
gs'�
Eric Hogue, May6r
ATTESTED TO AND
CORRECTLY RECORDED BY: OF
Caro e Ehrlich, ity Secretary
Dates of Publication:June 3`d, �R
o
sppSA FE R4(`y4r
01887®
SrArp OF TEAS
Ordinance No.2015-20
Designating Truck Routes and Repealing Ordinance Nos.78-17 and 87-62 Page 5 of 5
669736
TIIr' cTtuteS Xlurphy Monitor • The Princeton Ilerald THE WYLIE PEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2015-28
was published in said newspaper on the following dates, to-wit:
June 3,2015
J9777
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the_ day of , 2015
to certify which witness my hand and seal of office.
Sonia A. Duggan
Commission Expires Notary Public in 40#r
9'Fo� 09-02-2016 The State of Texas
My commission expires �1�1
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\ Ordinance /
No.2015-20
An Ordinance of the
City Council of the
city of Wylie, Texas,
repealing Ordinance
Nos. 78-17 and 87-
62; designating truck
routes to regulate the
activities of commer-
cial motor vehicles in
the City of Wylie;pro-
viding for definitions,
unlawful acts and ex-
ceptions thereto; pro-
viding for notice of
the truck routes by the
installation of signs
and markers; provid-
ing a penalty clause,
savings/repealing
clause, severability
clause and an effective
date; and providing
for the publication of
the caption hereof.
4-1t-30-339