O-2023-79 Amending Ch 12 Article 12.08, Section 12.08.2022 & .003 Truck Routes - Approved and Prohibited RoadsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-79
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 12.08.002, "DEFINITIONS," OF ARTICLE 12.08, "TRUCK
ROUTES," OF CHAPTER 12, "TRAFFIC," OF THE CODE OF ORDINANCES
OF THE TOWN OF PROSPER BY AMENDING THE DEFINITION OF
COMMERCIAL MOTOR VEHICLE; REPEALING SECTION 12.08.003,
"UNLAWFUL ACTS/EXEMPTIONS," OF ARTICLE 12.08, "TRUCK
ROUTES," OF CHAPTER 12, "TRAFFIC," OF THE CODE OF ORDINANCES
OF THE TOWN OF PROSPER AND REPLACING IT WITH A NEW SECTION
12.08.003, "APPROVED AND PROHIBITED TRUCK ROUTES;
EXEMPTIONS"; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, the Town previously has expressed serious concerns about the safety of its
residents and the traveling public due to the truck and other commercial vehicle traffic on certain
street segments within the Town, and wishes to provide additional safety for its residents and the
traveling public; and
WHEREAS, there have arisen questions relative to the loading and unloading of goods in
the Town by commercial motor vehicles and said commercial motor vehicles' use of the shortest
reasonable route to a truck route, and it is the intent of this Ordinance to provide clarification of
the provisions in Section 12.08.003 of the Town's Code of Ordinances as a consequence; and
WHEREAS, the Town Council strongly believes that the following regulations relative to
commercial motor vehicle traffic will enhance public safety, limit noise and associated concerns,
and be in the best interests of the residents of the Town as well as the traveling public, and hereby
so declares.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Section 12.08.002, "Definitions," of Article 12.08, "Truck Routes," of Chapter 12,
"Traffic," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read
as follows:
"Sec.12.08.002 Definitions
Commercial Motor Vehicle. Any motor vehicle having a weight of more than 26,000 pound
gross vehicle weight rating (GVWR), including the load carried, also including but not limited to,
any vehicle carrying hazardous materials or solid waste. Commercial Motor Vehicles shall not
include vehicles carrying or designated to carry passengers, all governmentally owned or leased
vehicles, public utility vehicles, motor homes, recreational vehicles or vehicles used exclusively
to transport personal possessions or family members for nonbusiness purposes.
SECTION 3
Existing Section 12.08.003, "Unlawful Acts/Exemptions," of Article 12.08, "Truck Routes,"
of Chapter 12, "Traffic," of the Code of Ordinances of the Town of Prosper, Texas, is hereby
repealed in its entirety and replaced with a new Section 12.08.003 to read as follows:
"Sec. 12.08.003 Approved and Prohibited Truck Routes/Exemptions
(a) For purposes of this article, it shall be lawful to operate a commercial motor vehicle on any
of the following roads or streets located in the Town, and the following roads or streets are hereby
designated truck routes:
Street Name
Street Segments
Limits
Frontier Parkway
Dallas North Tollway to Preston Road SH 289
University Drive US 380
FM 1385 to Custer Road
FM 2478
FM 1385
University Drive US 380
to Parvin Road
Dallas North Tollwa
University Drive US 380
to Frontier Parkway
Preston Road SH 289
University Drive US 380
to Frontier Parkway
Custer Road FM 2478)
University Drive (US 380) to Frontier Parkway
(b) Commercial motor vehicle traffic originating outside the Town
(1) Any commercial motor vehicle entering the Town for a destination in the Town shall
proceed only over a truck route and shall deviate only at the intersection with the
Town road or street nearest to the destination. Upon leaving the destination, a
commercial motor vehicle shall return to the truck route by the shortest possible
route.
(2) Any commercial motor vehicle entering the Town for multiple destinations in the
Town shall proceed only over a truck route and shall deviate only at the intersection
of the Town road or street nearest to the first destination. Upon leaving the first
destination, a commercial motor vehicle shall proceed to other destinations by the
shortest possible route. Upon leaving the last destination, a commercial motor
vehicle shall return to the truck route by the shortest possible route.
Ordinance No. 2023-79, Page 2
(c)
(d)
(e)
Commercial motor vehicle traffic originating inside the Town
(1) Any commercial motor vehicle, on a trip originating in the Town, and traveling in
the Town for a destination outside the Town, shall proceed:
(A) only over a truck route, if the business enterprise that operates or otherwise
utilizes the commercial motor vehicle is located on or adjacent to a truck
route; or
(B) if the business enterprise that operates or otherwise utilizes the commercial
motor vehicle is not located on or adjacent to a truck route, then by the
shortest possible route over Town roads or streets, to a truck route to exit
the Town.
(2) Any commercial motor vehicle on a trip originating in the Town, and traveling in the
Town for any destination in the Town, shall proceed:
(A) only over a truck route, if the business enterprise that operates or otherwise
utilizes the commercial motor vehicle is located on or adjacent to a truck
route; or
(B) if the business enterprise that operates or otherwise utilizes the commercial
motor vehicle is not located on or adjacent to a truck route, then by the
shortest possible route over Town roads or streets, to a truck route and
shall deviate only at the intersection with the Town road or street nearest
to the destination.
For purposes of subsections (b) and (c), the operator of a commercial motor vehicle shall
have in his immediate possession evidence of the local destination(s) and point of origin.
The provisions of this section shall not apply to:
(1) Emergency vehicles operating in response to any emergency call;
(2) An owner and/or operator of a commercial motor vehicle driving to and from his
residence;
(3) Commercial motor vehicles owned and/or operated by and/or on behalf of a
governmental entity, a public utility and/or any contractor or materialman, while
engaged in the repair, maintenance or construction of roads, streets and/or
highways, and/or road, street and/or highway improvements and/or utilities within
the Town;
(4) Commercial motor vehicles owned
governmental entity while engagin
government -related business; and
g
and/or operated by and/or on behalf of a
in and/or performing official, authorized
(5) Commercial motor vehicles operating upon a Town or state officially designated
detour, including permitted oversized loads.
Ordinance No. 2023-79, Page 3
(f) It shall be unlawful to operate a commercial motor vehicle on the following roads or streets
located in the Town:
Street Segments
Street Name Limits
Prosper Trail Teel Parkway to Custer Road FM 2478
First Street
Gee Road to Custer Road FM 2478)
Prairie Drive
Teel Parkway to Mahard Parkway
Gee Road
University Drive US 380 to FM 1385
Windsong Parkway
University Drive US 380 to First Street
Teel Parkway
University Drive US 380 to Parvin Road
Legacy Drive
University Drive US 380 to Frontier Parkway
Coleman Street
Lovers Lane to Preston Road SH 289
Lovers Lane
Richland Boulevard to Coleman Street
La Cima Boulevard
University Drive US 380 to First Street
SECTION 4
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 portion of conflicting
ordinances shall remain in full force and effect.
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 6
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
Ordinance No. 2023-79, Page 4
SFCTIC)N 7
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 28TH DAY OF NOVEMBER, 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
L-4 OA'A-Lu
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2023-79, Page 5
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