10-089 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-089
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING A
NO TRUCK ROUTE TO REGULATE THE ACTIVITIES OF
COMMERCIAL TRUCKS IN THE TOWN OF PROSPER; PROVIDING
FOR UNLAWFUL ACTS AND EXEMPTIONS TO THE REGULATIONS;
PROVIDING FOR THE NOTIFICATION OF THE NO TRUCK ROUTES
BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE
COMMERCIAL TRUCKS IN THE TOWN OF PROSPER; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the Town of Prosper,
Texas ("Pars,cr") to adopt an ordinance creating a no truck route to regulate the activities of
commercial trucks over certain roads, streets and highways in Prosper; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to Prosper to adopt an ordinance, providing for the prohibition of
travel of commercial trucks over certain roads, streets and highways in Prosper for the purpose
of, among other things, promoting the health, safety and welfare of the general public and
preserving and protecting the functionality and integrity of Prosper's roads, streets and highways,
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: ljndin :; lncor ioratccl. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein
SECTION 2: Purpose. To protect the health, safety and general welfare of the residents
of Prosper and to preserve and protect functionality and integrity of Prosper's roads, streets and
highways by designating commercial truck traffic routes in Prosper.
SECTION 3: Definitions. For purposes of this Ordinance, when not inconsistent with
the context, words used in the present tense include the future tense, words in the plural include
the singular, and words in the singular include the plural, and the use of any gender shall be
applicable to all genders whenever the sense requires. Words not defined in this Section shall be
given their common and ordinary meaning.
A. Commercial Truck: Any motor vehicle having a weight of 13 tons Gross Vehicle
Weight Rating (GVWR) or more including the load carried, also including but not
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limited to, any vehicle carrying hazardous materials or solid waste. Commercial
trucks 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 non-business purposes.
B. Truck Route: A road, street and/or highway on which commercial trucks are
allowed and which is designated and posted as a"Truck Route".
SECTION : Utilawful Acts/1axemptioils.
A. It shall be unlawful to operate a Commercial Truck on the following roads, streets
or highways located in Prosper:
............ .. ...... ................................
Street Segment Extent
Frontier Parkway From Dallas North Toll Road to Preston
Road (SH289)
B. The provisions of this section shall not apply to:
(1) emergency vehicles operating in response to any emergency call;
(2) a vehicle traveling to or from areas served directly by the roads, streets
and/or highways listed in this section for the purpose of providing repair or
maintenance service or loading or unloading goods, wares or merchandise,
provided such vehicle is operated over the shortest possible route, and the
operator of such vehicle has in his immediate possession evidence of the
local destination and point of origin;
(3) an owner and/or operator of a Commercial Truck driving to and from his
residence;
(4) Commercial Trucks 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 Prosper
(5) Commercial Trucks owned and/or operated by and/or on behalf of a
governmental entity while engaging in and/or performing official,
authorized government-related business; and
(6) Commercial Trucks operating upon a Prosper or State officially designated
detour.
SECTION 5: Estabb-Ainp- No Truck Route(s . The Director of Engineering, or his/her
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designee, shall maintain accurate maps setting out no truck routes on streets upon which no truck
traffic is permitted. The maps shall be kept on file in the office of the Town Secretary and shall
be available to the public.
SECTION 6: Posting of lZestrictions. Signs indicating the "No Truck Route(s)"provided
herein shall be placed or caused to be placed by the Director of Engineering, or his/her designee,
at the most advantageous points to be conspicuous to approaching vehicular traffic. The signs
shall be permanently affixed to a stationery post or installed on permanent buildings or walls or
as otherwise approved. The signs shall in no way be obstructed from view and shall comply with
applicable state laws.
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance 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). Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 8: everKilility. 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. 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 or invalid.
SECTION 9: Effective Date. This Ordinance shall become effective from and after its
adoption 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 September, 2010,
Ray Smith, 1 ayor
ATTESTED TO AND
CORR. Y RECO Y: �v
. ,
a1,hcw D. Denton, TRMC
Town Secretary
DATE(s)OF PUBLICATION: ,Dallas Morning News
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