HomeMy WebLinkAboutORD 04-022 ORDINANCE NO. 04-022
ENTITLED AN ORDINANCE AMENDING CHAPTER 26,
SECTION 26-13 TO AMEND SECTION 26-13(16) RELATING
TO MAXIMUM AXLE LOADS; TO REPEAL SECTION 26-
13(25) CONCERNING OVERSIZE LOADS AND ENACTING
NEW SECTION 26-14 REGULATING OVERSIZE LOADS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26, Section 26-13(16) be and the same is hereby amended to read
as follows:
(16) To determine and fix the maximum axle loads of all vehicles to be operated
over, on, or upon the streets within the city, taking into consideration the width, condition
and type of pavement structures, and other circumstances on such street. Such maximum
axle load shall become effective and operative on said streets within the city when
appropriate signs, giving notice thereof, are erected. It shall be unlawful for any person to
drive, operate or move, or for the owner to cause or permit to be driven, operated or
moved, upon any of the streets, any vehicle or combination of vehicles which in any
respect exceeds the maximum axle loads designated by said signs. Provided, however,
that any person desiring to operate or move a vehicle on said streets in excess of the
maximum axle loads established, shall first obtain a special permit from the director as set
out in Section 26-14 herein, and such permit shall not be issued unless reasonably
necessary. Any person moving or causing to be moved a load as set out in said permit,
shall be liable to the city for any damage done by any such vehicle to the streets, bridges
or culverts in the city and the acceptance of the aforesaid permit shall be conclusive
evidence that the person to whom such permit is issued agrees to pay all such damages
upon demand thereof made by the city.
Section 2.
THAT Chapter 26, Section 26-13(25) be and the same is hereby repealed.
Section 3.
THAT Chapter 26 be and the same is hereby amended to add a new Section 26-14
to read as follows:
Section 26-14. Oversize Load.
It shall be unlawful for a person to move an oversize load within the City of
Beaumont without first obtaining a special permit from the city. An oversize load is defined
as a load in excess of eighty-thousand (80,000) pounds total weight, or twenty-thousand
(20,000)pounds on any axle, or thirty-four thousand (34,000)pounds on any tandem axle,
or more than eight feet six inches (8' 6") in width, or above fourteen (14)feet in height, or
above sixty-five (65) feet in total length including the vehicle. Permit requirements are as
follows:
1. As a prerequisite to the issuance of an oversize load permit, the applicant shall
file either a Two-Hundred Thousand ($200,000) Dollars surety bond with the
Public Works Director or his designee which bond would protect the City of
Beaumont against damages to its property, including but not limited to streets,
curbs, gutters and sidewalks; or, in the alternative, provide insurance coverage
in the minimum amount of Two-Hundred Thousand($200,000)Dollars covering
damage to the same properties.
2. The oversize load permit must accompany each oversize load and be available
at all times while the load is operating within the city limits of the City of
Beaumont.
3. A separate permit shall be required from the Texas State Department of
Highways and Public Transportation when transporting over state-maintained
highways within the City of Beaumont.
4. Permits shall be issued for the following time periods at the following fees:
TIME PERIOD FEE
Single Move $50
1 Month $150
3 Months $250
6 Months $350
1 Year $500
5. The Public Works Director or his designee is hereby authorized to promulgate
regulations and forms concerning application, times of operation, escort requirements,
notification of utility companies and other relevant requirements, and may issue permits
with specific requirements related to the load and its proposed route of travel.
Section 4.
That if any section, subsection, sentence, clause or phrase of this ordinance, orthe
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 5.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 6.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of April,
2004.
- Mayor elyn M. Lord -
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