15-79 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-79
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
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 BY CLARIFYING
PROVISIONS RELATED TO COMMERCIAL TRUCK TRAFFIC
ORIGINATION AND DESTINATION; 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 trucks and said commercial trucks' use of the shortest possible 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 truck 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 12.08.003, "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 amended to read as follows:
"Sec. 12.08.003 Unlawful acts/exemptions
(a) It shall be unlawful to operate a commercial truck on the following roads or streets
located in the Town:
Street Segment Extent
Frontier Parkwa (FM 1461) From Dallas North Toll Road to Preston Road SH 289
Prosper Trail From Dallas North Toll Road east to Custer Road AFM 2 4 ) a
First Street From Dallas North Toll Road east to Custer Road (FM 2478
Coit Road..... From University Drive (US 380) north to Frontier Parkway (FM
1461
Coleman Street Busi y...Drive'
( Hess 289) North from Coleman to Frontier Park
tntiPreston
e..(SH 289
Talon Lane SoreITITmm�
(b) Commercial truck traffic originating outside the Town
(1) Any commercial truck 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 truck shall return to the truck route by the shortest possible route.
(2) Any commercial truck entering the Town for multiple destinations in the Town
shall proceed only over a truck route and shall deviate only at the intersection the
Town road or street nearest to the first destination. Upon leaving the first
destination, a commercial truck shall proceed to other destinations by the
shortest possible route. Upon leaving the last destination, a commercial truck
shall return to the truck route by the shortest possible route.
(c) Commercial truck traffic originating inside the Town
(1) Any commercial truck, 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 truck is located on or adjacent to a truck
route; or
(B) if the business enterprise that operates or otherwise utilizes the
commercial truck 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 truck 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 truck is located on or adjacent to a truck
route; or
(B) if the business enterprise that operates or otherwise utilizes the
commercial truck 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.
Ordinance No.15-79,Page 2
(d) For purposes of subsections (b) and (c), the operator of a commercial truck shall have in
his immediate possession evidence of the local destination(s) and point of origin.
(e) 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 truck driving to and from his
residence;
(3) 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 the Town;
(4) 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
(5) Commercial trucks operating upon a Town or state officially designated detour."
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 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 5
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.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
Ordinance No.15-79,Page 3
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 8TH DAY OF DECEMBER, 2015.
APPROVED:
Ray Smith, M yor
ATTE'
Robyn Sattl "Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorne
Ordinance No.15-79,Page 4