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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