§ 17-6-7. Truck Routes in the City of Concord.

(a)

Definitions. For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

City: The City of Concord.

Deviating truck: A truck which leaves and departs from a truck route while traveling inside the City.

Person: Any person, firm, partnership, association, corporation, company or organization of any kind.

Truck: Any motor vehicle of greater than eighteen thousand (18,000) pounds gross vehicle weight intended, designed, or constructed for the transportation of freight or merchandise, or any motor vehicle equipped with other than pneumatic tires.

Truck routes: A way over certain streets, as designated herein, over and along which trucks coming into and going out of the City must operate.

(b)

Application of Regulation . All trucks within the City shall be operated only over and along the truck routes herein established and on the other designated streets over which truck travel is permitted.

(1)

Exceptions. This section shall not prohibit:

a.

Operation on Street of Destination . The operation of trucks upon any street where necessary to the conduct of business at a destination point within the City is permitted, provided streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point.

b.

Emergency Vehicles . The operation of emergency vehicles upon any street in the City.

c.

Public Utilities . The operation of trucks owned or operated by the City, public utilities, any contractor or material man, while engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the City.

d.

Detoured Trucks . The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established.

(c)

Truck Routes Established. There is hereby established within the City the following Truck Routes:

Outside Origin; Outside Destination. All trucks entering the City for destination points outside the City shall operate over the following designated routes:

Westbound. When entering the City from the east on U.S. Routes 4, 9, 202 and traveling in a westbound direction through the City, then south on U.S. Interstate 93, at Exit 14, then west on U.S. Interstate 89 to the City limits.

Westbound. When entering the City from the east on U.S. Route 3 and traveling in a westbound direction through the City, then south on U.S. Interstate 93 (at Exit 13), then west on U.S. Interstate 89 to the City limits.

Eastbound. When entering the City from the west on U.S. Interstate 89 and traveling in an eastbound direction through the City, then north on U.S. Interstate 93, then east on U.S. Routes 4, 9, 202 to the City limits.

Eastbound. When entering the City from the west on U.S. Routes 9, 202 and traveling in an eastbound direction through the City, then north on U.S. 3, 202 and then east on U.S. Routes 4, 9, 202 to the City limits.

Southbound. When entering the City from the north on U.S. Interstate 93 and traveling in a southbound direction through the City, then south on U.S. Interstate 93 to the City limits.

Southbound. When entering the City from the north U.S. Route 3 and traveling in a southbound direction through the City, then east on Senator Styles Bridges Highway, then south on U.S. Interstate 93 to the City limits.

Southbound. When entering the City from the north on N.H. Route 106 and traveling in a southbound direction through the City, then south on N.H. Route 106 to the City limits.

Northbound. When entering the City from the south on U.S. Interstate 93 and traveling in a northbound direction through the City, then north on U.S. Interstate 93 from Exit 12 to the City limits.

Northbound. When entering the City from the south on U.S. Route 3 and traveling in a northbound direction through the City, then north on U.S. Interstate 93 from Exit 12 to the City limits.

(d)

Hazardous Materials. Any truck carrying in excess of one thousand (1,000) pounds of hazardous substances having a hazard of three or greater, as defined in National Fire Protection Association Standards 704, Standard System for the Identification of the Fire Hazards of Materials, (NFPA 704), shall use the aforementioned truck routes, except that said trucks shall not use the following truck routes:

(1)

Eastbound. When entering the City from the West on U.S. Routes 9, 202 and traveling in an eastbound direction through the City, then north on U.S. 3, 202 and then east on U.S. Routes 4, 9, 202 to the City limits.

(2)

Southbound. When entering the City from the north on U.S. Route 3 and traveling in a southbound direction through the City, then east on Senator Styles Bridges Highway then south on U.S. Interstate 93 to the City limits.

All trucks carrying in excess of one thousand (1,000) pounds of hazardous substances (as defined by NFPA 704) must be placarded in accordance with the provisions of U.S. Department of Transportation Regulations, Code of Federal Register, Title 49, Chapter 1, Sub-part F, p. 148, Revised as of December 31, 1976.

(e)

Designated Streets for Truck Use. In addition to those streets in the City constituting a part of a truck route as established herein, the following streets, and no others, shall be used for truck traffic between the hours of 7:00 p.m. and 7:00 a.m. daily. (See Schedule XV).

(f)

Truck Traffic in the City:

(1)

Outside Origin:

a.

One Inside Destination Point. All trucks entering the City for a destination point in 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.

b.

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.

(2)

Inside Origin:

a.

Outside Destination Point. 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.

b.

Inside Destination Point. All trucks on a trip originating in the City and traveling in the City for destination points in the City shall proceed only over streets upon which such traffic is permitted.

(g)

Enforcement:

(1)

Clerk Maintains Maps. The City Clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the office of the City Clerk and shall be available to the public.

(2)

The City Manager is authorized to post "No Trucking" Signs. When it comes to the attention of the City Manager that trucks are routinely using a street in violation of the intention of this article, he shall investigate the situation and if he finds that trucks are routinely using the street in violation hereof, he shall cause the street to be clearly sign-posted to give notice that truck traffic is prohibited. The City Manager shall file the order requiring a street to be posted in the office of the City Clerk.

(3)

Failure to Post. A person shall not be charged with violating the provisions of this ordinance by reason of operating a truck upon a street wherein truck travel is prohibited unless appropriate signs are posted on such street.

(10-9-79; 12-19-83; Ord. No. 1765, § 1, 4-11-88; Ord. No. 2915, § I, 9-9-13)