HomeMy WebLinkAboutOrdinance 2431 N.C.S. 03/19/2012 EFFECTIVE DATE ORDINANCE NO. 2431 N.C.S
OF ORDINANCE
April 18, 2012
Introduced by Seconded by
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4 Teresa Barrett Gabe Kearney
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• 8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
9 REPEALING CHAPTER 11.52 OF THE CITY OF PETALUMA MUNICIPAL CODE
10 ENTITLED "RESTRICTED USE OF CERTAIN CITY STREETS" AND ADOPTING A NEW
11 CHAPTER 11.52 ENTITLED "COMMERCIAL VEHICLES AND TRUCK ROUTES"
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13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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15 Section 1. Title 10 of the City of Petaluma Municipal Code is hereby amended by
16 repealing Chapter 11.52, entitled "Restricted use of City Streets" and adding a new Chapter
17 11.52, entitled "Commercial Vehicles and Truck Routes," to read as follows:
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20 CHAPTER 11.52
21 COMMERCIAL VEHICLES AND TRUCK ROUTES
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23 11.52.010 Definitions.
24 11.52.020 Certain vehicles prohibited in central traffic district.
25 11.52.030 Vehicles equipped with sound-amplifying devices.
26 11.52.040 Unlawful use of retarders.
27 11.52.050 Truck routes- Designation.
28 11.52.060 Trucks over five tons to use truck routes.
29 11.52.070 Truck routes established for vehicles over five tons.
30 11.52.090 Weigh-ins
31 11.52.100 Exceptions
32 11.52.110 Transportation vehicle permits
33 11.52.120 Operation of transportation vehicles without permit unlawful
34 11.52.130 Application for transportation vehicle permits
35 11.52.140 Transportation vehicle permits fees
36 11.52.150 Restrictions on transportation load permits
37 11.52.160 Appeals
38 11.52.170 Liability for Damage Caused
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Ordinance No. 2431 N.C.S. Page 1
1 11.52.010 Definitions
2 For the purpose of this chapter, certain terms are defined as follows:
3 A. "California Legal Truck" means a truck tractor-semitrailer (or double) which meets the height,
4 width and length provisions of CVC Sections 35250, and 35100-35111, and which can travel
5 on virtually any route in California, as described in the California Department of
6 Transportation truck size and routes classifications.
7 B. "Central Traffic District" is that portion of the city as described in Section 11 .04.030.
8 C. "City" means the most current corporate limits of the City of Petaluma.
9 D. "CVC" means California Vehicle Code.
10 E. "Destination" or "destinations" means an address for either a single delivery or multiple
11 deliveries of goods or services to an address within or outside the city.
12 F. "Double" means a truck tractor that tows a semitrailer and trailer.
13 G. "Jake BrakeTM" is a trademarked term for a type of retarder known as an engine
14 compression brake, which is designed to aid in the braking or deceleration of any vehicle.
15 H. "National Network (NN)" means primarily the interstates, also called the National System of
16 Interstate and Defense Highways.
17 I. "Person" means a "person" as defined in Section 1.04.010.M of this code.
18 J. "Retarder" is a device which assists service brakes in the braking or deceleration of any
19 vehicle and includes engine compression brakes, exhaust brakes and driveline retarders.
20 K. "STAA" means the Federal Surface Transportation Assistance Act of 1982.
21 L "STAA Network" means the routes that allow STAA trucks, which include the National
22 Network (NN).. Terminal Access (TA) routes and Service Access routes.
23 M. "STAA Truck" means a truck tractor-semitrailer (or double) that conforms to the requirements
24 of the STAA.
25 N. "State Terminal Access )TA) Routes" means State approved routes that can accommodate
26 STAA trucks.
27 0. "Local Terminal Access (TA) Routes" means Local (City of Petaluma) approved routes that
28 have can accommodate STAA trucks.
29 P. "Service Access Routes" means roads that allow STAA truck access for fuel, food, lodging,
30 and repair within one road mile of a signed exit from the National Network.
31 Q. "Transportation Permit" is a single use or annual vehicle permit for vehicle loads or the
32 movement of manufactured homes which exceed the weight or size limits contained in CVC
33 sections 35000 through 35796.
34 R. "Transportation vehicle" means any vehicle or combination of vehicles or special mobile
35 equipment or manufactured home that exceeds the size or weight specified in Sections
36 35000 through 35796 of the CVC.
37 S. "Truck" means any vehicle exceeding a gross vehicle weight of five tons.
38 T. "Truck route" means any street as designated in this chapter upon which the unrestricted use
39 of trucks is permitted.
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Ordinance No. 2431 N.C.S. Page 2
1 11.52.020 Peak hour restrictions for certain vehicles in central traffic district.
2 A. No person shall operate any of the following vehicles in or through the central traffic district
3 between the hours of ten a.m. and six p.m. of any day.
4 1. Any commercial vehicle exceeding a gross vehicle weight of five tons;
5 2. Any freight vehicle more than eight and one-half feet in width, with load, or any freight
6 vehicle so loaded that any part of its load extends more than three feet to the front or
7 more than ten feet to the rear of said vehicle;
8 3. Any vehicle conveying solid waste, refuse, rubbish, garbage or dirt, construction and
9 demolition debris and/or commercial recyclables, except vehicles operated by a duly
10 authorized franchise holder for the collection of such items in the city.
11 B. Any vehicle and/or load wider than 81/2 feet must be operated in conjunction with and
12 preceded by at least one pilot car and must obtain approval by the public works director or
13 his/her designee prior to operating within the central traffic district.
14 C. This section is subject to the exception for pickups and deliveries established in Section
15 11.52.100.A.
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17 11.52.030 Vehicles equipped with sound-amplifying devices.
18 No person shall operate within the city a motor vehicle equipped with and using a sound
19 amplifying device, loud speaker and/or public address system which is audible for more than 50
20 feet from the centerline of the vehicle except in conformance with the noise regulations
21 established in the City of Petaluma Implementing Zoning Ordinance, Section 21.040.A, or
22 successor ordinance or resolution.
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24 11.52.040 Unlawful use of retarders.
25 Pursuant to the general authority of the city to regulate use of its streets pursuant to CVC Section
26 21001 (c), it shall be unlawful for the driver of any vehicle to use or operate or cause to be used
27 or operated within the city, any retarder that results in excessive, loud and raucous, unusual, or
28 explosive noise from such vehicle, except in an emergency.
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30 11.52.050 Truck routes—Designation.
31 Whenever any resolution of this city designates and describes any street or portion thereof as a
32 street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of
33 five tons, the city traffic engineer is authorized to designate such street or streets by appropriate
34 signs as 'Truck Routes" for the movement of vehicles exceeding a maximum gross weight limit of
35 five tons. Established "Truck Routes" will be identified separately from "State and Local Terminal
36 Access Routes." "Terminal Access Routes" will be considered "Truck Routes" but "Truck Routes"
37 are not "Terminal Access Routes" for purposes of over-length vehicles. "Truck Routes," "State
38 Terminal Access Routes," and "Local Terminal Access Routes" will be identified on the approved
39 city truck route map.
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41 11.52.060 Trucks over five tons required to use truck routes.
42 When any such truck route or routes are established and designated by appropriate signs, the
43 operator of any vehicle exceeding a maximum gross weight, limit of five tons shall drive on such
44 route or routes and none other, except as otherwise provided herein.
Ordinance No. 2431 N.C.S. Page 3
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2 11.52.070 Truck routes established for vehicles over five tons.
3 Those streets and parts of streets established by resolution of the city council for the movement
4 of vehicles exceeding a maximum gross weight of five tons are declared to be truck routes.
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6 11.52.090 Weigh-in.
7 Any police officer is authorized to require any person driving or in control of any truck being
8 operated on a street within the City other than on a truck route to proceed to any public or
9 private scale available for the purpose of weighing the vehicle to determine whether this
10 chapter has been violated.
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12 11.52.100 Exceptions.
13 A. The provisions of this chapter shall not prohibit the operation of any truck coming from an
14 unrestricted street having ingress or egress by direct route to and from a restricted street
15 when necessary for the purpose of making pickups or deliveries of goods, wares and
16 merchandise from or to any building or structure located on the restricted street, or for the
17 purpose of delivering materials to be used in the actual and bona fide repair, alteration,
18 remodeling, or construction of any building or structure upon the restricted street for which a
19 building permit has been obtained and is in effect.
20 B. The provisions of this chapter shall not apply to:
21 1. Passenger buses under the jurisdiction of the California Public Utilities Commission.
22 2. School buses as defined in CVC Section 545 and/or California Education Code Section
23 39830 or successor statutes.
24 3. Any vehicle owned or operated by the city.
25 4. Any vehicle conveying solid waste, refuse, rubbish, garbage or dirt, construction and
26 demolition debris and/or commercial recyclables operated by a duly authorized
27 franchisee for the collection of such items in the city.
28 5. Any vehicle owned by a public utility or licensed contractor while necessarily in use in the
29 construction, installation or repair of any public utility.
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31 11.52.110 Transportation permits.
32 The city, as authorized by CVC Sections 21101, 35780 and 35790 and subject to the limitations,
33 restrictions, and conditions imposed by those sections, will, in its sole discretion and if good cause
34 appears, issue a permit authorizing the permittee to:
35 A. Operate a vehicle or combination of vehicles or special mobile equipment that exceeds the
36 maximum legal weight and/or size specified in CVC Sections 35000 through 35796.
37 B. Move any manufactured home in excess of the maximum width, length, and height
38 specified in CVC Sections 35790 through 35790.6.
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Ordinance No. 2431 N.C.S. Page 4
1 11.52.120 Operation of vehicles with overweight or over-size loads without transportation permit
2 unlawful.
3 It is unlawful to operate or move in the city a vehicle or special mobile equipment that exceeds
4 the maximum legal weight and/or size specified in CVC Sections 35000 through 35796, or any
5 manufactured home that exceeds the maximum width, length, and height specified in CVC
6 Sections 35790 through 35790.6 without a transportation permit.
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8 11.52.130 Application for Transportation permits.
9 A. Transportation permits described in Section 11.52.110 shall be obtained by applying to the
10 director of public works or his/her designee ("director"). The application and permitting
11 process shall be consistent with the requirements of CVC Sections 35780 through 35796 and
12 successor statutes and the application requirements of the California Department of
13 Transportation as modified in this chapter.
14 B. Applications for transportation permits shall be submitted at least two business days in
15 advance of the time for which the permit is needed. In some circumstances the director
16 may determine that up to an additional five business days are needed to review or process
17 the application. In such event, the director shall notify the applicant of the additional time
18 needed within two business days of receipt of the application. The director in his or her sole
19 discretion may also grant exceptions to the forty-eight .hour requirement when, in the
20 judgment of the director, circumstances permit and/or require that the application be
21 reviewed and processed in less than forty-eight hours.
22 C. When necessary to protect against injury to the road, foundations, surfaces or structures,
23 pursuant to CVC Section 35782(b), the director may require extra insurance or other financial
24 security as a condition for a permit for unusually large or heavy loads that pose a substantial
25 risk to public facilities.
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27 11.52.140 Transportation permit fees.
28 A. The director of public works shall collect from the applicant at the time of application a
29 transportation permit fee to recover up to the full cost of processing the application.
30 Transportation permit fees shall be established by resolution of the City Council, and may be
31 amended from time to time, in compliance with CVC Section 35795 or successor statute,
32 and may include one-time and periodic fees.
33 B. Special services necessitated by unusually large or heavy loads as described in and
34 calculated pursuant to CVC section 35795(b) or successor statutes shall be billed separately
35 for each permit.
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37 11.52.150 Restrictions on transportation permits.
38 Approved transportation permits shall include and be subject to the following conditions.
39 A. The transportation permit must be carried on the vehicle for which it was issued. The permit
40 must be displayed upon demand to any peace officer, traffic officer, or other employee of
41 the city charged with the enforcement of this chapter.
42 B. Permitted vehicles are prohibited from using city streets or alleys between the hours of seven
43 a.m. to nine a.m., noon to one p.m., and four p.m. to six p.m. Monday through Friday.
44 C. Permitted vehicles are restricted to the truck routes specified in Section 11.52.070, subject to
45 the exceptions contained in section 11.52.100.
Ordinance No. 2431 N.C.S. Page 5
1 D. Any other conditions required by this code, the CVC, or other applicable law.
2 E. Permits shall provide for full indemnification of the city by the permittee, substantially similar
3 to the following: "Liabilities. The permittee is responsible for all liability for injury to, or death of
4 any person, or damage to public or private property which may occur through any act or
5 omission of either the permittee or the City of Petaluma arising from the issuance of this
6 permit. In the event any claim, suit or action is brought against the City of Petaluma, its
7 officers, employees or agents thereof, by reason of, or in connection with any such act or
8 omission, permittee shall defend, indemnify, and hold harmless the city, its officers,
9 employees or agents from such claim, suit or action."
10 F. Any conditions deemed necessary by the director of public works to protect the public
11 health, safety and welfare including, but not limited to:
12 1. Limiting the number of trips the permitted vehicle may make.
13 2. Establishing seasonal or other time limitations within which the vehicle or vehicles
14 described may be operated.
15 3. Requiring proof of financial responsibility in excess of the amount required for
16 compliance with CVC Section 16500.5 as a condition for granting a permit for unusually
17 large or heavy loads which may pose a substantial risk'to public facilities.
18 4. Special services as described in and calculated pursuant to CVC Section 35795(b) or
19 successor statutes.
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21 11.52.160 Appeals.
22 A. An applicant who has been denied a transportation permit or who wishes to appeal a
23 condition imposed by the director of public works in accordance with Section 11.52.150 may
24 appeal such denial or condition in accordance with this section.
25 B. Within five business days of the date of denial or issuance of the permit, the applicant shall file
26 the appeal with the director of public works, together with an appeal fee to recover up to
27 the full cost of processing the appeal. Transportation permit appeal fees shall be established
28 by resolution of the city council, as may be amended from time to time and shall meet the
29 requirements of Vehicle Code Section 35795. The appeal shall be in writing and shall state
30 the reason(s) for the appeal. The director of public works shall forward the appeal to the city
31 manager or designee. Upon receipt of the appeal, the city manager or designee shall issue
32 the appellant notice of an informal meeting to hear the appeal within thirty days of receipt
33 of the appeal, or at a time acceptable to the appellant and city manager or designee,
34 unless the city manager or designee determines on the basis of the written documentation
35 that the permit should be issued or condition modified as requested by the applicant. After
36 hearing, the city manager or designee may deny or grant the appeal, and amend, delete
37 or add permit conditions. The decision of the city manager or designee on the appeal shall
38 be final.
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40 11.52.170 Liability for damage caused.
41 Any person operating a vehicle subject to transportation permit requirements in the city shall be
42 liable for and indemnify and hold the city harmless for any damage or liability to public facilities
43 arising out of or related to the use of the vehicle in the city, including but not limited to:
44 A. Cost of repair or replacement of public facilities and/or property;
45 B. Cost of cleanup;
Ordinance No. 2431 N.C.S. Page 6
1 C. Administrative, staff and legal costs.
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3 11.52.180 Violations.
4 Any person who violates any provision of this chapter shall be guilty of a misdemeanor, except
5 that officials charged with enforcement of this chapter, including the city attorney, may in their
6 discretion charge violations of this chapter as infractions. Each day or portion thereof a violation
7 of this chapter continues shall be deemed a separate offense and punishable as such.
8 Violations of this chapter may be enforced in any combination as permitted by Chapters 1.10
9 through 1.16 of this code, by a civil court action brought in the name of the city, by criminal
10 action brought by the city attorney in the name of the city or in the name of the people of the
11 State of California, or using any other enforcement or legal remedies available to the city under
12 the law. Penalties applicable to violations of this chapter shall be as prescribed in the city's bail
13 schedule as from time to time amended, and may in no event exceed maximum penalties
14 prescribed by this code or state law.
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16 Section 2. The City Council finds that adoption of this ordinance is exempt from the California
17 Environmental Quality Act ("CEQA"), pursuant to Sections 15061 (b)(3)of the CEQA Guidelines
18 (Title 14, Chapter 3 of the California Code of Regulations) because there is no possibility that the
19 activity may have a significant impact on the environment.
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21 Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
22 any reason held to be unconstitutional, unlawful or otherwise invalid by a court•of competent
23 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
24 validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
25 hereby declares that it would have passed and adopted this ordinance and each and all
26 provisions thereof irrespective of the fact that any one or more of said provisions be declared
27 unconstitutional, unlawful or otherwise invalid.
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29 Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by
30 the Petaluma City Council, and upon the posting of all signs required by California Vehicle Code
31 Section 21103.
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33 Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the
34 period and in the manner provided by the City Charter and any other applicable law.
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36 INTRODUCED and ORDERED posted/published this 5'h day of March 2012.
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38 ADOPTED this 19th of March 2012, by the following vote:
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40 Ayes: Albertson, Barrett, Mayor Glass, Harris, Healy, Kearney, Vice Mayor Renee
41 Noes: None
42 Abstain: None
43 Absent: None
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Ordinance No.2431 N.C.S. Page 7
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4 avid Glass, Mayor
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8 ATTEST: APPROVED AS TO FORM:
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14 Claire Cooper, City Clerk Leslie Thomsen, Assistant City Attorney
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Ordinance No. 2431 N.C.S. Page 8