Loading...
ORD NO 24-2011 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. at} 2011 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED. AN ORDINANCE TO AMEND THE VAN BUREN MUNICIPAL CODE, CHAPTER 8.08 AND REPEAL THE VAN BUREN MUNICIPAL CODE CHAPTER 8.12, TO CLARIFY TRUCK WEIGHTS AND TRUCK ROUTES WITHIN THE CITY OF VAN BUREN, AND FOR OTHER PURPOSES. WHEREAS, The City adopted Ordinance 20 -1980 and Ordinance 11-1985 to designate truck weights and truck routes for certain vehicles and to prohibit certain traffic on specific streets; and WHEREAS, Upon review of these Ordinances, and in light of changes in needs and circumstances since they were adopted, certain modifications are appropriate and necessary for the health, safety and welfare of the citizens of Van Buren; and WHEREAS, The Planning Commission held a public hearing on May 3, 2011 to discuss necessary amendments to these Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The proposed amendments to the Van Buren Municipal Code Chapter 8.08 and the repealing of Chapter 8.12 are hereby set forth in attachment "A" hereto. SECTION 2. The passage and approval of these amendments to Van Buren Ordinance 20- 1980 and the repealing of Van Buren Ordinance 11 -1985 will protect the health, safety, and /or welfare of the City and its citizens. SECTION 3. The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of In for and 0 against, the foregoing Ordinance at its Regular Meeting held on the 19th day of September, 2011. 0 Robert D. Fr Mayor c ATTESTED: APPROVED AS TO FORM: �.A Atu ,RAL -E Olt vaaas luo Barbie Curtis As1,lty D•Rus} Candice A. Settle C* C r� ka easurer l epc1,City) CAti k City Attorney CHAPTER 8.08 TRUCK ROUTES 8.08.01 Truck Routes Designated 8.08.02 Weight Limits Reduced 8.08.03 Intersections 8.08.04 Penalty 8.08.05 Prohibited streets 8.08.06 Penalty 8.08.07 Emergency vehicles excluded 8.08.01 Truck Routes Designated Truck routes for all motor vehicles having over a t t gross vehicle weight of 64.000 pounds and proceeding through the city are hereby established and designated as follows: Interstate Highways 40 and 540, U.S. Highway 64 and Arkansas State Highways 59, 162 and 282, Industrial Park Road. CO -OP Drive. 13ekaert Road. South 28 Street from Highway 162 proceeding south. and Twin Circle Drive. Riggs Dr.. South 28` Cr.. and South 23rd Street unless otherwise prohibited herein. All such vehicles are hereby prohibited from using any other street, alley, parking lot, or road while proceeding through the city. (Ord. No. 2008 -10, Sec. 1.) However. if a construction project requires a truck to deviate from the designated truck route. a temporary truck route will be determined during subdivision review or prior to issuance of a building permit. During subdivision review or prior to issuance of a building permit_ the city staff. along with the subdivision developer. building permit applicant. or an authorized representative thereof. will determine the route that best avoids streets not listed in the designated truck route. The temporary truck route designation shall expire upon completion of subdivision or building improvements. 8.08.02 Weight Limits Reduced: Vehicle weight limits for individual streets may be reduced and new weight limits may be prIsted when street load carrying capacity or traffic safety requires such a reduction. 8.08.03 Intersections and deliveries: This ordinance shall not be construed to prohibit motor vehicle trucks from crossing said streets at their intersection with other streets (Ord. No. 20 -1980, Sec. 3) 8.08.04 Penalty Any person found to be in violation of 8.08.01 shall be deemed guilty of a misdemeanor and shall be subject to fines of not Tess than Seventy -Five Dollars ($75.00) and no more than Five Hundred Dollars ($500.00). (Ord. No. 2008 -10, Sec. 2.) 8.08.05 3 Prohibited streets That it is unlawful for tractor trailers (for the purpose of this ordinance tractor trailers shall include all motor vehicles operating with ten wheels or more), buses (to include school and church buses), tractors, any vehicle towing a trailer, any vehicle with more than two axles, and also any vehicle or vehicle and trailer weighing twelve thousand five hundred pounds (12,500) or more to use highway 59 traveling north or south, from the intersection of Mount Vista Boulevard and Highway 59 to Main Street in Van Buren, Arkansas, unless otherwise provided for herein. (Ord. No. 2008 -10, Sec. 3.) 8.08.06 4 Penalty Any person violating 8.08.03 5 shall be deemed guilty of a misdemeanor and upon conviction for a first offense shall be fined a sum not Tess than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00); upon conviction for a second offense such person shall be fined not less than Five Hundred Dollars (5500.00) nor more than One Thousand Dollars (51,000.00) and in addition to said fine, or both, may also be incarcerated for up to thirty (30) days in jail; upon conviction for a third offense or subsequent offenses, such person shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and in addition to said fine, or both, may also be incarcerated for up to one (1) year in jail. 8.08.07 3 Emergency vehicles excluded The following vehicles are hereby excluded from the provisions of 8.08.05 3 and 8.08.0 6 4: A. Fire trucks used in emergency situation operated by the City of Van Buren or other bona fide Fire Departments, city, local or county; and B. Utility maintenance trucks operated by the Arkansas State Highway and Transportation Department (AHTD), city of Van Buren, Crawford County, and any bona fide contractor of these entities, as necessary for the furtherance of state, county or city operations; and C. Public utility maintenance trucks, operating in coordination with the Van Buren Street Department to perform utility maintenance or repairs. (Ord. No. 2008 -10, Sec. 4.) Chapter 8.12 Truck Weights 8.12.01 Limits 4 4.12.02 Prohibition 8.12.03 Intersections and deliveries 8.12.09 Signs 842,0e—Penalty )5— Penalty Sec4iens. 8 -12 0-1 I miss. I- lereafter be innlawful for any person, firm or c-erporation. or its agents officers or employees to opera- any motor truck, truck tractor with semi trailer or an)' full trailer either of which is of more than seventeen thousand five hundred pounds (17,500 Ibs) gross weight upon any street in the City of Vail Buren. Arkansas, except federal -and state highways. (Ord. No. 20 1980. Sec. 1) 8.12.02 Prohibition. Provided, however, that the prohibition a truclz traffic from Highway 59 (roi e 20 1980, Sec. 2) motor vehicle tucks from crossing said streets at their intersection with other sweets, (b) nor apply to delive• o is in the immediate -a'- e state and federal highway as it enters the City of Van 13n-rem (Ord. No. 20 19 8.12.05 Penalty. Any person violating the provision of-this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sung of not le ti` Dollars ($50.00) nor more than f' D: t... e