Chapter 10.12
COMMERCIAL VEHICLE REGULATION AND WEIGHT LIMIT
Sections:
10.12.060 Parking restriction.
10.12.070 Residential off-street truck parking by permit.
10.12.100 Extralegal load, permits and fees.
10.12.110 Violation—Penalties.
10.12.010 Reserved.
(Ord. 1047 § 2 (part), 2005: Ord. 650 § 2 (part), 1989)
10.12.040 Truck routes.
Any commercial vehicle or combination of vehicles, as defined in Section 260 of the California Vehicle Code, with a gross vehicle weight rating of ten thousand pounds or more, with an origin or termination point within the city, of freight, merchandise or load, must drive on streets and highways designated by resolution of the city council as truck routes. These vehicles may leave the designated truck route to legally park. These vehicles may drive off the designated truck routes only to pick up or deliver freight, merchandise or loads within the city and they must do so from the city-designated truck route that is closest to the destination site or from a street, road, or highway of an adjoining city or county upon which the vehicle is legally authorized to travel. Residential streets shall not be used unless the delivery or pick up destination is on that street or an immediately adjoining street. (Ord. 1047 § 2 (part), 2005)
10.12.050 Length limitation.
The police department and/or public works department is authorized to establish length limitations for combinations of vehicles pursuant to Section 35401 of the California State Vehicle Code. Affected streets shall be posted with signs that advise of the length limitation. (Ord. 1047 § 2 (part), 2005: Ord. 650 § 2 (part), 1989)
10.12.060 Parking restriction.
A. All commercial vehicles or combination of commercial vehicles, as defined in Section 260 of the California Vehicle Code, with a gross vehicle weight rating of ten thousand pounds or more, are prohibited from parking or standing on designated truck routes between the hours of 2:00 a.m. and 6:00 a.m.
B. All commercial vehicles, or combination of commercial vehicles, as defined in Section 260 of the California Vehicle Code, with a gross vehicle weight rating of ten thousand pounds or more, are hereby prohibited from parking or standing on any street in a residential zone, and are further prohibited from parking off-street in a residential zone, except as authorized by a permit issued pursuant to this chapter. This applies to detached trailers with a gross vehicle weight rating of ten thousand pounds or more. The parking restrictions in this section shall not apply to any commercial vehicle making pick ups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted streets or highways or while delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained. (Ord. 1047 § 2 (part), 2005: Ord. 650 § 2 (part), 1989)
10.12.070 Residential off-street truck parking by permit.
A. Permit Required. Except as otherwise expressly allowed by this chapter or other applicable law, no person shall park a commercial vehicle subject to the provisions of this chapter and Chapter 10.32, with a gross vehicle weight rating of ten thousand pounds or more, off-street in a residential zone of the city without first obtaining an off-street truck parking permit from the chief of police and paying the required fee therefor.
B. Permit Information. Applications for an off-street truck parking permit shall be made to the chief of police upon forms furnished by the police department and shall contain the following information:
1. Name, address and driver’s license number of applicant;
2. Make, size, year and license number of vehicle;
3. Name and address of both the registered owner and legal owner and any PUC permit number.
C. Required Conditions for Issuance. No off-street truck parking permit pursuant to this section shall be granted unless all of the following conditions are met:
1. The residential property upon which the truck is to be parked is greater than ten thousand eight hundred ninety square feet or one-quarter of an acre;
2. The truck is parked only in the rear yard of the property;
3. No repair work is performed upon the truck while it is parked in a residential area except for minor preventative maintenance;
4. A truck shall not enter the residential area later than 10:00 p.m. nor depart from it earlier than 5:30 a.m.;
5. The permit shall be issued only to a property owner or tenant for parking of a single truck on such property;
6. The truck must be parked on an impervious surface;
7. The truck must be full, complete, operational, and legally registered to operate on California streets, roads, and highways;
8. The permit shall be valid for one year from date of issuance and may be annually renewable.
D. Fee. The fee for an off-street truck parking permit shall be one hundred dollars and shall be nonrefundable. The amount of the fee may be changed by resolution of the city council.
E. Investigation by Issuing Authority. Prior to issuing an off-street truck parking permit, the chief of police may cause such investigation as he or she deems necessary to be made to verify the contents of the application and the compatibility of off-street truck parking with neighborhood conditions.
F. Permit Display. The off-street truck parking permit issued by the chief of police shall be displayed on the lower right-hand side of the front windshield of the vehicle whenever the vehicle leaves the posted truck route or is parked or left standing in a residential zone.
G. Suspension or Revocation. Any off-street truck parking permit may be suspended or revoked at any time by the chief of police on any of the following grounds:
1. If it is determined by the chief of police that any of the facts stated on the application are untrue;
2. Failure to comply with any of the terms of this chapter.
H. Appeal. The denial, suspension, or revocation of a permit pursuant to this section may be appealed to the city manager, whose decision shall be final, subject only to a timely and properly filed civil action in a court of competent jurisdiction. Any such appeal to the city manager must be in writing and must be filed with the city clerk within thirty days of the denial, suspension or revocation of the permit. Pursuant to Code of Civil Procedure Section 1094.6, any judicial action to review the decision of the city manager must be filed no later than the ninetieth day following the city manager’s decision. In rendering a final decision, the city shall give notice to the aggrieved party of the time within which judicial review must be sought. (Ord. 1047 § 2 (part), 2005: Ord. 650 § 2 (part), 1989)
10.12.090 Exceptions.
The following vehicles are exempt from the requirements of this chapter:
A. Public utility vehicles and public agency vehicles bearing California or federal exempt license plate registration;
B. Passenger buses under the jurisdiction of the Public Utilities Commission pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code;
C. Any vehicle which has been issued and has displayed a valid permit pursuant to Chapter 10.32 of the Folsom Municipal Code. (Ord. 1047 § 2 (part), 2005: Ord. 650 § 2 (part), 1989)
10.12.100 Extralegal load, permits and fees.
A. Any vehicle with an “extralegal load,” as the term is defined by California Vehicle Code Section 320.5, which cannot be reasonably reduced in size or weight so that it can be legally transported without a permit as provided by California Vehicle Code Section 35780, must obtain a transportation permit following application to the Folsom community development department. The permit may be issued to each vehicle either on an annual or single-trip basis. Permit holders shall obey any and all reporting requirements and restrictions adopted by the city. Annual transportation permits are limited to qualified companies whose business is to move commercial loads that would routinely exceed the maximum weight, height, width or length restrictions in the California Vehicle Code.
B. Fees for the transportation permit shall be set by resolution by the city council. Additional fees, for special city services necessitated by the permitted transport, shall be paid by the permit holder. Examples of special services include, but are not limited to, police inspection, police transport, tree trimming, overhead wire and fixture removal, and engineering services. Department heads shall determine the actual cost for each service provided. The fees shall be collected from the permit holder at the time the permit is issued. (Ord. 1047 § 2 (part), 2005: Ord. 650 § 2 (part), 1989)
10.12.110 Violation—Penalties.
It is unlawful to violate any section of this chapter. Unless state law specifies a different and greater penalty, violations of this chapter shall be punishable as infractions and subject to the following fine schedule:
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Section 10.12.100 |
First violation—up to $100 |
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Second violation within one year—up to $200 |
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Third violation within one year—up to $250 |
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Plus: weight table fine as specified in Section 42030 of the Vehicle Code. |
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All other provisions of this chapter |
First violation—up to $100 |
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Second violation within one year—up to $200 |
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Third violation within one year—up to $250 |
(Ord. 1047 § 2 (part), 2005)