ORDINANCE NO. 019-18
ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF ORDINANCES OF THE
CITY OF OPELIKA, ALABAMA TO ADD A NEW ARTICLE XVI ENTITLED “TRUCK ROUTES”; ESTABLISHING TRUCK ROUTES WITHIN THE CITY LIMITS;
PROHIBITING THE OPERATION UPON RESIDENTIAL STREETS OF CERTAIN
TRUCKS CLASSIFIED BY LENGTH, WEIGHT, SIZE, NUMBER OF AXLES
AND CARGO; SETTING FORTH LIMITED EXCEPTIONS; IMPOSING
PENALTIES FOR VIOLATIONS; REQUIRING THE INSTALLATION OF ADVISORY SIGNAGE; REPEALING CURRENT SECTION 16-68; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika,
Alabama (the “City”) as follows:
Section 1. Amendment. That Chapter 16 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add a new Article XVI entitled “TRUCK ROUTES” to read as follows:
SEC. 16-450. FINDINGS.
The Council adopts the following findings of fact:
(a) The City’s local and collector streets are not designed or constructed to sustain consistent traffic by large trucks and other heavy vehicles and are susceptible to damage from excessive use thereby.
(b) The City’s local and collector streets are typically narrow and their width is often further constrained by the presence of other on-street parking areas.
(c) The City’s local and collector streets typically contain relatively small corner and centerline radiuses impeding the turning ability of larger vehicles.
(d) The City’s arterial roadways are designed and constructed to higher road bearing standards than the City’s local and collector streets.
(e) Widespread operation of large trucks and other heavy vehicles upon the City’s residential streets will likely cause extensive damage to street surfaces and require costly, repeated repairs at the City’s expense and would jeopardize vehicular and pedestrian safety.
(f) Limiting truck routes established by this article will provide an adequate opportunity for truck circulation while simultaneously protecting local street.
(g) Limiting the vehicular transport of hazardous and/or radioactive materials to truck routes established by this article will help to ensure a
more expedient and effective emergency response in the event of an accident or spill.
(h) The regulations contained in this article are a lawful and
appropriate exercise of the City’s police power and will serve the public health, safety and welfare.
SEC. 16-451. DEFINITIONS.
The following words and phrases when used in this article, have the meanings respectively ascribed to them in this section:
(a) “City” means the City of Opelika, Alabama.
(b) “Deviating truck” means a truck which leaves and departs from a truck route while traveling inside the City.
(c) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
(d) “Semi-trailer” means a vehicle designed for carrying persons or property used in conjunction with a motor vehicle and so constructed that some or part of its weight and that of its load rests upon or is carried by another vehicle.
(e) “Trailer” means a vehicle designed for carrying persons or property on its own structure and being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
(f) “Truck” means any motor truck, truck tractor, motor truck and trailer combination or truck tractor and semi-trailer combination
(excluding buses and recreational vehicles) and used and maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property, which:
(1) exceeds twenty-six feet (26’) in total length; or
(2) exceeds 11,000 pounds gross weight, including load; or
(3) has more than three axles; or
(4) transports hazardous or radioactive cargo.
(g) “Truck route” means a way over certain streets, as designated herein, over and along which trucks coming into, traveling in or going out of the City must operate.
(h) “Truck tractor” means a motor vehicle designed and used primarily for drawing another vehicle and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(i) “Vehicle” means a device by which a person or property may be propelled, moved or drawn upon a highway. Trailers, semi-trailers and truck tractors are considered vehicles.
SEC. 16-452. TRUCK ROUTES: DESIGNATED
The following street and portions of streets are designated and established as truck routes:
(a) U.S. Highway 280 beginning at the northwestern City limits, to Exit 58 of Interstate 85, to Exit 62 of Interstate 85, then running parallel with U.S. Highway 431 south and extending east to the City limits,
(b) U.S. Highway 431 beginning at the northern City limits, crossing Interstate 85 at Exit 62, then running parallel with U.S. Highway 280 east, and extending east to the City limits,
(c) U.S. Highway 29 beginning at the City's eastern City limits, to Interstate 85 at Exit 64, then running parallel with Interstate 85 to the City’s western City limits,
(d) Alabama Highway 51 from Interstate 85 at Exit 60, and running south to the City limits,
(e) Alabama Highway 169 branching off from Alabama Highway 51 and extending southeast to the City limits; and
(f) South on South Fox Run Parkway from the intersection of U.S. Highway 431 and Torbert Boulevard to McCoy Street, then to Geneva Street, then south to Interstate 85, at Exit 60,
(g) Northpark Drive from Anderson Road to its northern terminus,
(h) Interstate 85 beginning at the southwestern City limits and extending to the northeastern City limits,
(i) Veterans Parkway from the intersection of Pepperell Parkway to the intersection of Birmingham Highway (US 280),
(j) South Uniroyal Road from the intersection of Crawford Road (AL 169) to the intersection of Columbus Parkway (US 280),
(k) North Uniroyal Road from the intersection of Columbus Parkway (US 280) to the intersection of Westpoint Parkway (US 29),
(l) Pepperell Parkway from the western City limits to the intersection of Pleasant Drive, at which time the roadway becomes 2 nd Avenue until the intersection of South Railroad Avenue, at which time the roadway becomes Samford Avenue until the intersection of Fox Run Avenue (US 431), at which time the roadway becomes Westpoint Parkway until the intersection of Interstate 85 at exit #64,
(m) Gateway Drive from the intersection of Interstate 85 to the intersection of Marvyn Parkway (AL 51),
(n) Old Columbus Road from the intersection of Marvyn Parkway (AL 51) to the intersection of South Uniroyal Road,
(o) Andrews Road from the intersection of Northpark Drive to the intersection of Interstate 85 at exit #66,
(p) Frederick Road from the western City limits to the intersection of Gateway Drive (US 280)
SEC. 16-453. OPERATION LIMITED TO DESIGNATED TRUCK ROUTES
Except as otherwise provided in this article, the operation of a truck shall occur only and within the designated truck routes established pursuant to this article.
SEC. 16-454. OPERATION PROHIBITED.
Except as otherwise provided in this article, it is unlawful to operate a truck outside of the confines of a designated truck route.
SEC. 16-455. EXCEPTIONS.
The prohibitions set forth in this article shall not apply to the following:
(a) The operation of any vehicle upon a street where directly and unavoidably necessary in order to access or depart from a Destination
Point. When a Destination Point is not located immediately adjacent to a designated truck route, the vehicle operator shall access and/or depart from the Destination Point using the shortest and most direct City arterial route to and from the nearest designated truck route.
(b) The operation of emergency and law enforcement vehicles.
(c) The operation of any vehicle owned or operated by the City, a public utility or any contractor or materialmen while directly engaged in the maintenance, repair or construction of streets, street improvements or street utilities within the City.
(d) The operation of any vehicle within and pursuant to any established temporary detour route.
(e) The operation of any vehicle directly engaged in the disposal, collection or transport of waste, including, but not limited to residential garbage, recyclable material and/or debris, provided that this exception shall not apply to hazardous cargo or radioactive materials.
(f) The operation of passenger buses, including, but not limited to, mass transit vehicles and school buses.
(g) The operation of any vehicle coming from a truck route having ingress and egress by direct route to and from a restricted street when
necessary for the purpose of providing a direct service requiring the utilization of such vehicle or making pick up and deliveries of goods, wares and merchandise from or to any building or structure located on the restricted street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure used upon a restricted street for which a building permit has been previously obtained.
(h) The operation of any vehicle transporting farm or ranch supplies,
produce or animals to and from ranches or farms situated along a restricted street to be used by such vehicle.
(i) The operation of any vehicle for the purpose of transporting a
trailer used for recreational or non-commercial purposes and/or both to and from locations from a restricted street to be used by such vehicle.
(j) The operation of any vehicle by a governmental agency when such
vehicle is required in providing an essential government service.
SEC. 16-456. TRUCK TRAFFIC IN THE CITY.
(a) Outside Origin.
(1) One inside destination point. All trucks entering the City for a destination point within the City shall proceed only over an established truck route and shall deviate only at the intersection with the street, upon which such traffic is permitted, nearest to the destination point. Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route.
(2) Multiple inside destination points. All trucks entering the City for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the street upon which such traffic is permitted, nearest to the first destination point. Upon leaving the first destination point, a deviating truck shall proceed to other destination points by the shortest direction and only over streets upon which such
traffic is permitted. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest permissible route.
(b) Inside Origin.
(1) Outside destination points. All trucks on a trip originating in the City and traveling in the City for a destination point outside the City shall proceed by the shortest direction over streets on which such traffic is permitted to a truck route as herein established.
(2) Inside destination points. All trucks on a trip originating in the City and traveling in the City for destination points in the City shall proceed only over truck routes or streets upon which such traffic is
permitted intersecting with truck routes nearest the destination point.
SEC. 16-457. SIGNAGE.
The Mayor is hereby authorized and directed to ensure that appropriate signage is posted and maintained advising the public of the regulations imposed by this article.
SEC. 16-458. DETOURS.
The Engineering Department shall have the authority to designate additional temporary truck routes for the purpose of directing and controlling traffic along necessary detours or between designated truck routes and construction projects or other areas where commercial vehicles are required to be employed over extended periods of time. Such temporary routes, when so designated, shall be posted with
appropriate signs as temporary truck routes, and the use of such routes shall be subject to the same conditions as set forth in this article for permanent truck routes.
SEC. 16-459. PENALTY FOR VIOLATION OF ARTICLE.
(A) Any person violating any provisions of this article or any rule or regulation made pursuant to this article shall be punished as follows:
(1) For a first conviction by a fine of not less than $100.00
(2) For a second conviction by a fine in the amount of $200.00
(3) For a third or subsequent conviction by a fine of $500.00 and imprisonment for not more than thirty (30) days.
Section 2. REPEALER. Section 16-68 of the Code of Ordinances is hereby repealed..
Section 3. SEVERABILITY. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause, sentence or phrase of this Ordinance.
Section 4. EFFECTIVE DATE. This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption, approval and publication as required by law.
Section 5. PUBLICATION. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 2nd day of October, 2018.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST: /s/ R. G. Shuman
TRANSMITTED TO MAYOR on this the 3rd day of October, 2018.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 3 rd day of October, 2018.
/s/ Gary Fuller MAYOR
ATTEST: /s/ R. G. Shuman
Legal Run 10/03/2018
ORDINANCE NO. 019-18