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2005-021-ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REPEALING SECTIONS 31-31 AND 31-32 OF CHAPTER 31 ARTICLE II DIVISON 2 OF SAID CODE ORDINANCE NO. 2005-021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REPEALING SECTIONS31-31 AND 31-32 OF CHAPTER 31, ARTICLE II, DIVISION 2 OF SAID CODE; ADDING A NEW DIVISION 3, SECTIONS 31-50 THROUGH 31-57, TO CHAPTER 31, ARTICLE II OF SAID CODE; PROVIDING FOR TRUCK ROUTES THROUGH THE CITY; PROVIDING FORA PENAL TY; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 31, Article II, Division 2 provides regulations for both through and local truck traffic traveling through the city; and, WHEREAS, such provisions were adopted over thirty (30) years ago and do not adequately address the current traffic flow necessities and safety concerns for the City, especially with regard to the roads located within the central business district; and, WHEREAS, the City of Paris local street system includes a number of narrow, non-heavy duty surfaced streets and thoroughfares intended for light duty traffic, other than an occasional garbage truck or other heavy duty transport necessary to serve the area immediately adjacent to the street; and, WHEREAS, the City of Paris is an acknowledged historical city, whose inner-city streets and thoroughfares are designed primarily for commuting traffic and occasional service vehicles, and not for heavy duty truck traffic, especially given the size and weight of vehicles currently permissible for trafficking on major highways and arterials designed for such traffic; and, WHEREAS, the inner-city and local streets and thoroughfares of the City of Paris are likewise not designed to accommodate large trucks and tractor trailers attempting to negotiate intersections, curbs, and turning ratios desi~ned primarily for local transportation purposes; and, WHEREAS, the City of Paris is an acknowledged retirement center, where citizens are encouraged to walk neighborhood streets and thoroughfares; and, WHEREAS, the City of Paris is equally blessed with many young school-aged children also walking the sidewalks and adjacent street areas oflocal streets and thoroughfares; and, WHEREAS, for these reasons, the City Council of the City of Paris, Paris, Texas, finds and determines there is a threat to the health and safety of the citizens of the City of Paris unless reasonable regulations are adopted to control unnecessary through truck traffic; and, WHEREAS, the City Council likewise finds and determines there are adequate state and federal maintained highways, especially the City's highway Loop 286, which have been designed and constructed to accommodate heavy duty truck traffic on a regular and daily basis; and, Page 1 of 5 WHEREAS, it is, therefore, appropriate that the City Council adopt new regulations relating to truck traffic that will address these issues; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Sections 3 I -3 I and 31-32 of Chapter 3 I, Article II, Division 1 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same are hereby, repealed and of no further force or effect. Section 3. That a new Division 3 to Chapter 31, Article II of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, added so that such shall read as follows: "DIVISION 3. TRUCK ROUTES "Sec.31-50. Definitions. For the purposes of this ordinance, the following terms, phases, words and their derivations shall have the following meanings: (a) Central business district is that area zoned Central Area District (CA) by Zoning Ordinance No. 1710 of the City of Paris. (b) City maintained parks are those areas designated as parks or park land and maintained by the City of Paris. (c) Truck shall be any vehicle designed or operated for the transportation of goods or property, and which has more than two axles or has a rated capacity of at least one and one- half( 1- I /2) tons according to the manufacture's classification, or the equivalent thereof. For purposes of this ordinance," truck" shall include truck tractors and trucks with trailers of all kinds, including pole trailers and semi trailers. (d) Truck route is a way over certain streets as designated herein, over and along which trucks coming into, originating in, traveling in, or going out of the city must operate. For purposes of this ordinance, truck route shall include through truck routes and local truck routes as established herein and hereafter designated. "Sec. 31-51. Application of Ordinance. (a) Generally. All trucks within the city limits of the City of Paris shall be operated only over and along truck routes herein established and on the other designated streets over which truck travel is permitted. (b) Exceptions. This ordinance shall not prohibit: Page 2 of 5 (I) The operation of trucks upon any street where necessary to the conduct of business at a destination point, provided established truck routes are used to the maximum extent possible as provided herein; and provided further, that any person operating a truck upon a street or roadway which is not designated herein as a truck route shall have in his or her possession for the inspection of police officers a log book, delivery slips, or other evidence of the truck's point of origin and destination points to justify the presence of the truck on the street or roadway other than a designated truck route. (2) The operation of any emergency vehicles upon any street in the City. (3) The operation oftrucks owned or operated by the city, by public utilities, or by any contractor or materialman under contract to the city or public utilities, while engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the city. (4) The operation of any trucks by branches oflocal government, state government, or the federal government. (5) The operation of trucks upon any officially established detour in any instance where such truck could lawfully be operated upon the street for which such detour is established. (c) Traffic stops authorized. The presence of a truck as defined herein on a street or thoroughfare other than a designated truck route shall constitute sufficient probable cause to stop and detain said truck for a reasonable period of time for the purposes of verifying compliance with this ordinance. "Sec. 31-52. Truck Routes Established. (a) Through truck routes. All trucks entering the city for destination points outside the city shall operate only over the following designated through truck route: (1) Highway Loop 286. (b) Local truck routes. In addition to those through truck routes established herein, the City Council may designate on the City Traffic Control Map streets running in both directions for truck traffic. (c) Truck traffic with origination points inside the city limits and destination points inside the city limits. All trucks, on a trip originating in the city, and traveling in the city for a destination point in the city, shall proceed only over designated truck routes until such time as they may depart from said truck routes upon reaching the intersection nearest the destination point, or if no truck route is immediately available, by the shortest route possible to the final designation or to a designated truck route, whichever is closer. (d) Truck traffic with origination points inside the city limits and destination points outside the city limits. All trucks, on a trip originating in the city, and traveling in the city for a Page 3 of 5 destination point outside the city, shall proceed by the shortest direction possible to a truck route as herein established. (e) Truck traffic with origination points outside the city limits and destination points inside the city limits. (1) Single inside city limit destination point. All trucks entering the city for a destination point in the city shall proceed only over an established truck route and shall deviate only at the intersection with the street nearest the destination point. Upon leaving the destination point, said truck shall return to an established truck route by the shortest permissible route. (2) Multiple inside city limit destination points. All trucks entering the city for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the street nearest to the first destination point. Upon leaving the first destination point, said truck shall proceed to the other destination points by the shortest direction, maximizing the use of established truck routes. Upon leaving the last destination point, said truck shall return to an established truck route by the shortest possible route. "Sec. 31-53. Operation in the Central Business District. No through trucks shall be permitted upon a road, street, or a thoroughfare within the central business district except for purposes of end point delivery or pickup of material at an address located within said central business district. "Sec.31-54. Operation in Public Parks No truck shall be permitted on those portions of any road, street, or thoroughfare running in and through the various City maintained parks, except for end point deliveries and pickup of materials located within the park. "Sec. 31-55. Roads, streets, or thoroughfares posted No Truck Traffic. No truck shall be permitted to enter or use streets within the City, which are posted with signs stating "No Truck Traffic," "No Through Truck Traffic," or similar prohibitive language. "Sec. 31-56. Signs The public works director shall erect appropriate signs and markings advising motorists of the truck routes established by this ordinance and of streets upon which truck traffic is prohibited by ordinance. "Sec. 31-57. Penalties. Any person violating any of the provisions of this ordinance shall be guilty ofa misdemeanor and, upon conviction, shall be punished as provided in Section 1-6 of this Page 4 of 5 code. "Sees. 31-58 - 31-60. Reserved." Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. That this ordinance shall become effective on June 1,2005. PASSED, APPROVED, AND ADOPTED this 23rd day of May, ATTEST: APPROVED AS TO FORM: PageS of 5