§ 66-5. Through truck traffic prohibited; truck routes.

(a)

Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized emergency trucks shall mean fire department trucks, police trucks, public ambulances for which permits have been issued by the state board of health, emergency trucks of municipal departments or public service corporations as are designated or authorized by the governing body of an incorporated city, private trucks operated by volunteer firemen or certified emergency medical volunteers while answering a fire alarm or responding to a medical emergency, and trucks owned by the state or by a political subdivision engaged in emergency utility repair or electric, water, or wastewater services.

Light truck shall mean any truck with a manufacturer's rated carrying capacity of 2,000 pounds or less, including trucks commonly known as pickup trucks, panel delivery trucks, and carryall trucks.

Proof of route shall mean a written verification of pick-ups, deliveries, or destinations, which may include a log book, delivery slip, shipping order, bill or any other document which identifies and specifies the date, address, and name of the person requesting or directing the pick-up or delivery and the destination of the pick up or delivery.

Truck shall mean any motor vehicle designed, used or maintained primarily for the transportation of property, including "truck tractors," "road tractors," "trailers," "semi-trailers," "pole trailers," and "special mobile equipment" as those terms are defined in Texas Transportation Code Annotated § 541.201.

Terms not defined herein shall be construed in accordance with customary usage.

(b)

Through truck traffic.

(1)

Regulation. A person commits an offense if the person operates a truck upon a public street designated as a no through truck street.

(2)

Affirmative defenses. It is an affirmative defense to prosecution under this section if:

a.

The truck was an authorized emergency truck;

b.

The truck was a bus or light truck; or

c.

The truck:

1.

Was being driven to seek service or repairs at a facility that engages in the business or repairs of commercial motor vehicles or the truck was being driven to or from home or to fulfill a local commercial obligation to a buyer or seller at a given destination, evidenced by a bill or sale or invoice; and

2.

The public street was the only route to such destination.

(c)

[Prohibited streets.] Through truck traffic is prohibited on the following streets:

Street	Extent
Orange	From FM 362 to Penick Road
Pecan	From FM 362 to Penick Road
Field Store Road	From Business 290 to Waller Tomball Road
Mill Street	From Field Store Road to Hamilton Street

 

(d)

[Designated streets.] Through truck traffic shall use the roads designated herein as a truck route whenever possible. The following streets are designated as truck routes:

Street	Extent
Field Store Road	From Waller Tomball Road going north
Waller Tomball Road	From Field Store Road to FM 2920

 

(Ord. No. 449, § 2, 1-28-2013; Ord. No. 456, § 2, 4-15-2013)