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HomeMy WebLinkAbout38.56 ORDINANCE N0.38°56 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING " CHAPTER 9 OF THE SARATOGA CITY CODE AND PROVIDING FOR TRUCK TRAFFIC ROUTES THROUGH THE CITY AND PROHIBITING CERTAIN PARKING OF CERTAIN COMMERCIAL VEHICLES. The City Council of the City'~f Saratoga does hereby ordain as follows: Section 1: Article VIII is hereby added to Chapter 9 of the Saratoga City Code, said article and its sections and subsections to read' as follows: ARTICLE VIII TRUCK ROUTES Sec. 9-100. Truck Traffic Routes - Creation. Except as may otherwise be provided in this ,article, no street or ortion thereof in the City which has not been designated a ~truek route" by the terms of this article or by any other ordinance of this City, may be used by any'commercial vehicle which exceeds a maximum gross weight of five (5) tons, as hereafter defined. All streets not designated. truck routes are hereby designated and declared to be restricted streets. Use of a s~reet shall include the stopping, standing or parking of a vehicle-as well a's the driving, operat- ing or moving of such vehicle thereon. A gross Weight in'excess of five(5) tons shall mean and include the weight of the vehicle itself, unloaded, as well as the loaded weight of a vehicle which, unloaded, wouldlnot exceed-five (5) tons, and shall also include each major component part of any vehicle combination"(e.g., tractor and semi-trailer) which when combined would.exceed five (5) tons, even though any such component part, separated and weighed alon~, would not exceed such weight. As Used in this article, the term "commercial vehicle" shall be as defined in Section 260 of the California Vehicle Code.. Sec. 9-101.' Designation of Truck Routes. The following streets or portions of streets in the City are hereby designated as truck traffic routes: Saratoga Avenue. from the intersection of State Highway 9 and State Highway 85 to the City limits; Prospect Road from Lawrence Expressway to Saratoga Avenue and City limits; State Highway 85 from Prospect Road to Saratoga Avenue; and State Highway 9 from City limits at Pierce Road to City limits at Austin Way. The Director of Public Works is authorized and directed to erect appropriate signs on each of the above designated streets or portions of streets, as well as any streets hereafter designated as truck traffic routes, desig- nating the' same as "truck route" or "truck traffic route" or other language of similar import to give notice of such truck traffic route designations. Sec. 9-102. Use of Restricted Streets Prohibited Trucks Exceeding Five {5~ Tons. When truck traffic route or routes are estab- lished and designated by appropriate signs, the operator of any vehicle exceeding the maximum gross weight limit of five (5) tons, as hereinbefore defined, shall drive on such route or routes exclusively and on none other except when necessary to traverse another street or streets for the purpose of making pick-ups or deliveries of goods, wares or merchandise from or to any building or structure located on a restricted street or streets or for the purpose of delivering materials to be used in the actual and bona fide repair,.alteration, remodel- ing or construction of any building or structure upon such restricted street, for which a Building Permit has been previously obtained, but then only by such deviation from the nearest truck route as is reasonably necessary. Sec. 9-103. Parking on or Ad3acent to Restricted Streets Prohibited. No commercial vehicle exceeding a gross weight limit of five (5) tons, or any component part thereof, shall be parked or left standing at any time on a restriqted street, or on any public or private property which is nQt immediately contiguous to and abutting upon a truck route, nor upon any public or private property in a residential zoning district, except for the temporary purpose of loading, unloading, pick-up or delivery, of goods, wares or merchandise otherwise permitted by Section 9-102 hereof. Sec. 9-104~ Use of Restricted Streets - All Commercial Vehicles. (1) The following regulations shall be applicable to all commercial vehicles (hereafter called "trucks") regard- less of whether the gross weight of any such vehicle,is more or less than-five (5) tons, except as provided in Subsection (2) hereof: (a) All trucks entering the City for a destination point outside the City shall operate only over a truck traffic route. (b) One Inside Destination Point - All trucks entering the City for a destination point in the City shall enter the City only on an established truck traffic route and shall proceed only over an established truck route. (c) Multiple Inside Destination Points All trucks entering the City for multiple destination points Within the City shall enter the City only on an established .truck traffic route. Upon leaving the first destination point, -2- a deviating truck shall proceed to all other destination points-by the shortest route. Upon leaving the last destina- tion point, the deviating truck shall return to the nearest truck traffic route by the shortest route. (d) 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 route to the nearest truck traffic route. (e) Inside Destination Point - All trucks on a trip originating in the City and traveling in theCity for destination points in the City shall proceed to such desti- nation points by the shortestlroute. (2)' Nothing herein contained shall be construed to permit a commercial vehicle exceeding a gross weight limit of five (5) tons to use or proceed upon any restricted street other than as expressly ~ermitted in Section 9-102 or 9-103 above set forth. Sec. 9-105. General Exceptions.- ~ The prohibitions of this article shall not apply to any vehicle owned by a public utility or a licensed con- tractor while necessarily in use in the construction, installa- tion or repair of any public utility, nor to any passenger stage subject to the provisions of Sections 1031 through 1036 inclusive of the Public Utilities Code nor to any vehicle owned or operated by. the City's garbage franchise holder which vehicle otherwise complies with the provisions of Vehicle Code Section 35722, nor to any other vehicles that may now or hereafter be exempted from the provisions of this type of regulation by virtue of State law, nor to vehicles other- wise having a valid limited permit for designated streets under the provisions of Section 9-106. hereof. Sec. 9-106. Use of Designated Restricted Streets - Limited Permits~ The City Manager shall have power, in cases of undue hardship, to permit the use of certain designated restricted streets by vehicle or vehicles otherwise prohibited from so using the same, for a limited purpose and for a limited period of time, and upon all of the conditions and provisions as hereinafter set forth in this section being complied with. (a) Any person desiring to operate any truck exceeding the maximum gross weight limit set forth in this chapter along any restricted street shall file an application in triplicate for a permit so to do with the City Manager, the original of which shall be verified, and shall pay a filing fee of thirty-five dollars ($35.00) to cover the cost of the City's investigation of such application. (b) The application shall set forth the following information: (1) .A full identification and the residence and business address of the applicant., including all members of an~ firm or partner- ship, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for ~hose benefit the permit is requested, this fact shall be included with the full identification of such person and his business and residence address; (2) The facts constituting the necessity for such operation within the City; (3) The dates and times On which such operation is intended to be commenced and completed and the times of day during which such operating is intended to be done; (4) The route within the City which the applicant proposes to use over public streets; (5) The time interval between vehicles. and the number of vehidles per hour which travel over the route for which the permit is applied; (6) The locations of the place or places of destination and origin; provided, however, that if delivery is to be made in small quantities to numerous places, a general description, satis- factory to the City Manager, of the locations of the contemplated~deliveries will be sufficient; (7) Such further information as the City Manager may require. (c) Immediatel~ upon the filing of an appli- cation for apermit, two copies of such application shall be delivered tO the City Manager. The City Manager shall make an investigation of the facts stated in the applica- tion and within five days from the date of filing. shall either .grant a permit With or without. modification or deny the same in whole or~in par~. The application shall be granted by the City Manager only if he finds: '~' (!)- That the public health, safety or welfare requirethe graBting of a permit and the use of the route applied for or suc~ modification thereof as he may deem advisable; .~(2) That the-hauling over the route specified will not be injurious to the public health, safety or welfare; (3) That the City will be'duly'protected from liability for injury to'persons and property; (4) That the City will be indemnified from injury to its public streets and other places by reason of the use thereof for such hauling, In the event that the application be denied or -4-' the permit be issued on modified terms, within five days of such action, the City Manager shall notify applicant in writing by registered United States mail of such modification or denial, stating the reasons therefor. (d) The City Manager shall also specify in granting the permit the following conditions: (1) The gross weight limit of each truck or vehicle which shall be authorized to haul'under the permit; (2) The time interval between vehicles and the number of trucks per hour which shall be permitted to travel over the route specified; (3) The hours of the day and the days of the week during which such trucks shall~be permitted to travel over such route; (4) The total volume or quantity of materials which may be hauled subject to the permit; (5) 'The period during which the. permit is effective. (e) Th~ City Manager may also require, as a condition to the granting of any such permit, that the applicant deposit with the City Manager a certificate or policy of a responsible insurance company showing that the City, its elective and appointive boards, officers, agents and employees are insured, in amounts specified in this section, against any loss or'damage arising directly from the operations of the applicant or any firm acting in his behalf in carrying on any operation connected directly or indirectly with the hauling for which such permit is issued. Such policies of insurance shall be as follows: (1) Public Liability insurance. In an amount of not less than one hundred thousand dollars for injuries, including, but not limited to, acci- dental death to any one person, and subject to the same limit for each person in an amount of not less than three hundred thousand dollars on account of one accident; (2) Property DamageInsurance. In an amount of not less than twenty thousand dollars; ~fl With the approval of the City Manager, the applicant may deposit the aforesaid policies of insurance on an annual or continuing basis to cover one or more permits for hauling in the same or different locations. -5- (f) The City Manager shall establish the route or routes over restricted streets which all vehicles subject to the permitshall travel,,and such vehicles shall travel only directly over such route or routes as may be directed by the City Manager to be least dangerous to public safety and which shall cause the least inter- ference with general traffic and the least. damage to public streets. (g) Any permit granted under this section may be revoked by the COuncil as in its discretion may seem reasonable and just for any reason for which the issuance of such permit might lawfully be denied, or for any failure to comply with any of the terms of this division or of such permit. Revocation of such permit shall be made only upon a hearing before the Council after at least five days notice to permittee. Such notice shall be in writing mailed by United States mail addressed to permittee at his business or residence address as stated in his application for a permit. The City Manager or Council may suspend any permit granted under this division pending the hearing; provided where, in his or its opinion, the public health, safety or welfare require it. (h) In the event that any hauling for which a permit has been granted under this division is not commenced within the time specified in the permit for commencement or in the event that such hauling is at any time abandoned or ~he permittee fails to operate as scheduled, such permit shall automatically expire without notice, and no further hauling shall be made; however, the conditions expressed in such permit shall remain binding upon the person to whom such permit was issued, and all legal and equitable remedies shall be available against him for any breach thereof. When the amount of material hauled equals the number of tons or cubic yards which such permit authorizes to be hauled or if haulings vary from the term of the permit, no further hauling may be made until a new permit to haul has been issued. Sec. 9-107.. Wei~hin~ of Trucks. The Sheriff of Santa Clara County, his agents and deputies, and any other police officer of this City shall have the authority to require any person driving or in control of any truck on any public street or highway in the City to proceed to any public or private scale available for the purpose of weighing or determining whether this article has been complied with. Section 2: Section 9-77 is hereby added to Article VII' of Chapter 9 of the Saratoga City Code, to read as follows: -6- Sec. 9-77. Pirkin~ of Certain Commercial VehiCles on Residential Streets Prohibited (CVC 22507..5). No person who owns or has possession, custody. or control of any commercial vehicle measuring more than 20 feet in length, or 8 feet in height, shall park or leave standing or cause to be left parked or left standing such vehicle upon any street in a residentially zoned area of this City, or abutting any residentially zoned property or area, between the hours of 2:00 A.M. and 6:00 A.M. of any one day. As used in this section "Commercial vehicle" shall be as defined in Section 260 of-the California VehiCle Code, "park" shall be as defined in Section 463 of said Code, and "residentially zoned property or area" shall mean as used and defined in the Zoning Ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a cour~ of competent!jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby 'declares thatit would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irres- pective of the fact that any one or more sections, subsections, sentenceS~ clauses or phrases be held invalid or unconstitutional. Section 4f This OrdinanCe.shall be in full force and effect thirty (30) days from and after the date of its passage and adoption. This Ordinance was regularly introduced and was there- after passed and adopted by the City Council of the City of Saratoga on the 20th day of · Mar~h , 1974, by the following vote: AYES: councilmen Smith, Brigham, Kraus, Oiridon and Bridge~ NOES: None AB SENT: ~2 No~ ~ ~ ~ MAYOR ATT ~ L .... a ' - ' ' a true and correct eputy City Clerk y' Oat~ ~7-