2018-039 Amend Chapter 31 Traffice Code, Article II, Operation of Vehicles, Division 3, Truck Routes, Section 31-51, Applicaiton of OrdinanceORDINANCE NO. 2018-039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE CITY OF PARIS CODE OF ORDINANCES, CHAPTER 31,
"TRAFFIC CODE," ARTICLE II, "OPERATION OF VEHICLES," DIVISION 3,
"TRUCK ROUTES," SECTION 31-51, "APPLICATION OF ORDINANCE;"
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
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 historic 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 designed 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 streets and thoroughfares; and
WHEREAS, for these reasons, the City Council of the City of Paris has found and
determined that there is a threat to the health and safety of the citizens of the City unless
reasonable regulations exist to control unnecessary through truck traffic; and
WHEREAS, the City Council has likewise found and determined that there are
adequate state and federally maintained highways, specifically the City's highway Loop 286
which has been designed and constructed to accommodate heavy duty truck traffic on a
regular and daily basis; and
WHEREAS, for all of these reasons, the City Council of the City of Paris previously
enacted Chapter 31, "Traffic Code," Article II, "Operation of Vehicles," Division 3, "Truck
Routes," of the Code of Ordinances of the City of Paris to designate truck routes throughout
the City so as to discourage truck traffic in areas that are not conducive to such and to
provide for safer streets for vehicular and pedestrian traffic; and
WHEREAS, the City Council wishes to amend said ordinance to simplify its
enforcement in keeping with the goals of the ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Chapter 31, "Traffic Code," Article II, "Operation of Vehicles,"
Division 3, "Truck Routes," Section 31-51, "Application of Ordinance," of the Code of
Ordinances of the City of Paris shall be and is hereby amended to read as follows:
"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) Defenses to prosecution.
"(1) It shall be a defense to prosecution under this Division that the operator of a truck
is operating said truck upon any street where necessary to 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) It shall be a defense to prosecution under this Division that the operator is
operating any emergency vehicle upon any street in the City.
"(3) It shall be a defense to prosecution under this Division that the operator is
operating a truck 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) It shall be a defense to prosecution under this Division that the operator is
operating any truck while acting in the employment of any branch of local
government, state government, or the federal government.
(5) It shall be a defense to prosecution under this Division that the operator is
operating said truck 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 division."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be
guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 12th day of November, 2018.
j
Steve )'.'''Clifford, KII., Mayor
ATTEST: _
ice Ellis, City Clerk
APPI OVED AS TO FORM:
6'p anie H. Harris, City Attorney