14-15 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 12.04, "OPERATION OF VEHICLES," OF
CHAPTER 12, "TRAFFIC AND VEHICLES," BY ADDING A NEW SECTION
12.04.005, ENTITLED "CONCRETE TRUCKS AND LEAKAGE OF
CONCRETE"; MAKING FINDINGS RELATED THERETO; PROVIDING A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, it is the desire of the Town Council to ensure that its citizens, residents and
visitors are safe when driving upon the streets and roadways in the Town, and that when
driving, residents and visitors are not subject to any personal injury or property damage
associated with spillage of concrete from concrete trucks traveling in the Town; and
WHEREAS, Section 51.072 of the Texas Local Government Code provides that the
Town has the full power of local self-government and consequently, the Town may adopt any
ordinance that is necessary for the government, interest, welfare or good order of the Town; and
WHEREAS, the Town Council has determined that an ordinance relative to the safety of
concrete trucks operating in the Town will promote the public health, safety and welfare of the
citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Article 12.04, "Operation of
Vehicles," of Chapter 12, "Traffic and Vehicles," of the Code of Ordinances is hereby amended
by adding a new Section 12.04.005 to read as follows:
"Sec. 12.04.005 Concrete Trucks and Leakage of Concrete
It shall be unlawful to operate any ready-mix concrete truck along the public roads within the
Town unless such truck is equipped with a chute enclosure, or some other mechanism, which
precludes the leakage of concrete and other debris from leaking or escaping from the truck
while travelling through or within the Town. The chute enclosure must meet the following
requirements:
(1) it must be 100% effective in keeping debris from coming out of the chute when
the device is engaged;
(2) it must open and close, and lock and unlock, automatically when the flop chute is
lowered or raised;
(3) it shall have no parts which may become clogged with concrete;
(4) the chute must be configured in such manner that no debris shall be able to
escape and fall from the chute while the truck is travelling;
(5) it shall have reflective material on it so that it is clearly visible at night; and
(6) it shall be permanently attached to the chute of each truck."
SECTION 3
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 4
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 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 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
Ordinance No.14-15, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2014.
c
Ray Smitf�,Mayor
ATTEST:
Robyn Battik, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-15, Page 3