Loading...
HomeMy WebLinkAbout85-2603 ord ORDINANCE N0. 85-2603 AN ORDINANCE REPEALING PORTIONS OF SECTION 32 OF THE PLAINVIE`nT CODE; ESTABLISHING A DEFENSE FOR OPERATING A VEHICLE WITH A CARRYING CAPACITY IN EXCESS OF ONE TON UPON CERTAIN STREETS TnTITHIN THE CITY OF PLAINVIETnT; AND DEFINING COMMERCIAL PURPOSE AND PERSON AS USED HEREIN. taHEREAS, 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 contin- ue 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: Sections 32-256, 32-257, 32-255, 32-260, and 32-26 0. t e PPlainview Code. are hereby repealed. Section 2: It shall be a defense to prosecution that a person drove or ®perated a truck, tractor, truck tractor, trailer, or cambination 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 applica~ei~`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 no't . Section 5: The word "person" as used in this ordinance shall be construe to import the singular and plural as the case demands and shall include individuals, partnerships, corporations, societies, associations, and all other legal entities. Passed and Approved on August, 1985. T: F R S. DODSON, City Clerk