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Ord 1381 10/25/2022 Truck Traffic `a of ti49 C 0 11 o "City of Choice ORDINANCE NO. 1381 AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY:: OF CIBOLO, TEXAS ENACTING REGULATIONS WITH REGARDS TO REGULATING THE ACTIVITIES OF COMMERCIAL TRUCKS IN THE CITY OF CIBOLO BY AMENDING CHAPTER 749 TRAFFIC AND VEHICLES; PROVIDING FOR UNLAWFUL ACTS AND:EXEMPTIONS TO THE REGULATIONS; PROVIDING FOR THE NOTIFICATION OF NO THRU TRUCK TRAFFIC BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE COMMERCIAL TRUCKS IN.THE CITY OF CIBOLO; PROVIDING FOR A PENALTY. FOR THE VIOLATION OF THIS ORDINANCE; _PROVIDING FOR REPEALING; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE_DATE. WHEREAS; heavy truck traffic on certain streets in the City' of Cibolo is creating a hazard threatening the health, safety and welfare of motorists. and pedestrians, and creating unnecessary destruction of streets and:pavement not designed for such traffic; and WHEREAS, the City of Cibolo has.exclusive control and power,over the streets, alleys, and public grounds and highways of the City pursuant,to Transportation.Code §31.1.001, as it may be amended; . and WHEREAS,vehicles of:extraordinary weight and size can contribute to rapid destruction of surface streets typical to residential areas; and WHEREAS,the City desires to:eliminate such hazards and destruction by-regulating and restricting truck traffic:at such locations;: NOW, THEREFORE,BE IT ORDAINED by the City Council of the City of Cibolo, Texas that the following regulations and provisions be adopted: SECTION 1: Findings. The recitals are hereby found to be true,and correct- and are hereby- incorporated'as part of this Ordinance. SECTION 2: Amendments to Chapter 74. Chapter 74 ("Traffic and Vehicles") shall be amended as set forth herein and.incorporated by reference,which is entitled "Operation of Vehicles" and which:shall have the full: force of law and shall beamended by adding Sections 74-38 . as follows: Sec. 74-38 Through truck traffic (a) It shall be unlawful for any person to drive or operate any truck or other vehicle: (1) registered to have a gross vehicle weight rating in-excess of 22,000 pounds Page 1 of 3 according to the manufacturer's specifications; or (2) with tandem or more axles; on any:street, roadway, highway or segments:of such street,roadway, or highway within the city limits when such street is marked with a sign prohibiting through truck traffic. (b) Exceptions. The provisions of this section shall"riot apply to vehicles that are:" (1) Owned, leased; used or:in service to the city;the county,the state, or the United States; (2) " School buses and public buses; (3) Emergency:vehicles in route to and returning from an emergency, including any wrecker or tow.trucks; (4) Making home deliveries or pickups of goods or services to a residence located on said street; " (5) Mobile homes which are being installed or removed from within.the boundaries of the city; (6) Travel trailers,boats, and recreational vehicles; (7) Owned or used in the service of public utilities when in the performance of their,duties; or (8) Making business deliveries to or pickups from a business or construction site located on said,street. (c) If the point of origin or destination(for.commercial purposes.only) for any such truck -_shall be.off such street, roadway or highway and the only route to such location is by using-such street,then such truck may proceed by the most direct route to and from the nearest street;roadway:or highway not so marked. A bill of lading, routing sheet or other such documentation portraying the specific address from which the merchandise, goods or services are to be picked up to the address to.which the.delivery is to be made is prima facie proof of.legitimacy. (d) The following streets are designated"as "No Through Truck Traffic" streets: ■ North Main Street from TxDOT FM 1103 to:Union Pacific Railroad(UPRR) South.Main Street from Union Pacific Railroad (UPRR) to TxDOT FM 78 ■ Tolle Road from Weil Road to Country Lane ■. :Country Lane from Tolle Road to TxDOT FM 78 ■ Haeckerville Road from TxDOT FM 78 to TxDOT Interstate 10 Frontage.Road ■ Cibolo Valley Drive from Old Wiederstein to North Main Street ■ Green Valley Road-from Green Valley Loop to Southern Way ■ Green Valley Road from F.M. 1103.northeast.to the Cibolo city limits. ■ Weil Road from Brite Road to FM 1103 ■ Green Valley Loop ■ Persimmon Drive ■ Woodland Oaks Drive (within Cibolo) ■ Bolton Road ■ Zuehl Road ■ Brite Road (e) : . The city shall erect "No:Through Truck Traffic" signs in conformance with the Texas Page 2 of 3 Transportation Commission's Manual on Uniform Traffic Control Devices on: the aforementioned roadways. SECTION 3. Penal . It shall be unlawful to do or perform any act prohibited in this Ordinance, and it:shall be unlawful:to fail to:do or performsany.act required in thiOrdinance. Any person violating any of the:provisions of this article shall be deemed guilty, of a class "C" misdemeanor, Which shall be punishable by a fine of not less thanFifty Dollars($50:00)nor-more than Five Hundred Dollars-($500.00)for each offense: SECTION 4. Severability: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining sections ofthis Ordinance. The'City Council hereby declaks:that it would have.passed this Ordinance, and each-section, subsection,.subsections, clauses, or phrase hereof, irrespective of the fact that any one:or more sections,.subsections,sentences, clauses, or phrases be declared void. SECTION 5. Conflicting Ordinances or Resolutions.All resolutions-or ordinances or parts thereof. conflicting or inconsistent with the provisions of this ordinance as-adopted and amended herein, are - hereby REPEALED to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other resolution, code.or ordinance of the City, or parts thereof,the terms and provisions.of this ordinance.shall govern. SECTION 6.Effective Date. The City shall publish this Ordinance in.the newspaper designated as the official newspaper of the City twice as required by Section 3.13:(3.) of the City Charter. The, . following rules will.apply within the corporate city limits of Cibolo upon the required.newspaper requirement and the_installation of signs designating the:No Truck Traffic".- - PASSED,APPROVED, THIS S DAY OF.OCTOBER;2022 Stosh e Mayor- ATTEST: ayor ATTEST: ..:: APPROVED AS TO FORM Peggy Cimics, TRMC City Secretary DTRG, City Attorney Page 3 of 3