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 are hereby repealed.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