HomeMy WebLinkAbout87-2727'' 332
ORDINANCE NO.
87-2727
AN ORDINANCE REPEALING PORTIONS OF CHAPTER 23
OF THE PLAINVIEW CODE; ESTABLISHING A DEFENSE
FOR OPERATING A VEHICLE WITH A CARRYING CAPACITY
IN EXCESS OF ONE TON UPON CERTAIN STREETS WITHIN
THE CITY OF PLAINVIEW; DEFINING COMMERCIAL
PURPOSE AND PERSON AS USED HEREIN; AND PROVIDING
FOR EMERGENCY PASSAGE.
WHEREAS, the City Council of the City of Plainview, Texas
finds that the driving or operating of certain vehicles having a
carrying capacity in excess of one ton causes damage to certain
streets within the City of Plainview, Texas; and
WHEREAS, the City Council finds that the operation of said
vehicles on certain streets in the City of Plainview should
continue to be prohibited; and
WHEREAS, the City Council finds that a defense should be
permitted for commercial purposes,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS THAT:
Section 1:
repealed.
Section 23-257 of the Plainview Code is hereby
Section 2: It shall be a defense to prosecution that a
person drives or operates a truck, tractor, truck tractor,
trailer, or combinations truck and trailer, having a carrying
capacity in excess of one ton, upon a street or streets not
designated as a truck route in order to accomplish a commercial
purpose.
Section 3: The defense provided herein shall not be
applicable if the commercial purpose could have been accomplished
without deviation from the truck route.
Section 4: "Commercial purpose" as used herein shall mean
for the purpose of loading or unloading or for the purpose of
making deliveries to a destination within the City, whether for
hire or not.
Section 5: The word "person" as used in this ordinance shall
be construed to import the singular and plural as the case demands
and shall include individuals, partnership,s corporations,
societies, associations, and all other legal entities.
The necessity to remove the requirement of posting signs on
all City streets prohibiting truck traffic and the current truck
traffic creates an emergency and it is an imperative public
necessity that more than one reading thereof be, and the same is
hereby suspended; this ordinance shall be passed and taking
effect as an emergency measure and shall be in full force and
effect from and after its passage as provided by law, and it is so
ordained.
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PASSED and APPROVED on first and final reading this the 27th day
of October, 1987.
E.V. RIDLEHUBER, Mayor'
ATTEST:
APPROVED AS TO CONTENT:
~/JOHNNIE BALLEW, Director of Safety & Environment
APPROVED AS TO FORM:
DAVID BLACKBURN, Assistant City Attorney
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