Chapter 10.48
LOAD LIMITS
Sections:
10.48.010 Maximum weight designated.
10.48.020 Truck routes—Establishment and use.
10.48.030 Truck routes—Streets designated.
10.48.040 Truck routes—Use required when.
10.48.050 Limited routes—Use authorized when.
10.48.060 Limited routes—Permit—Required.
10.48.070 Limited routes—Application—Fee.
10.48.080 Limited routes—Application—Investigation.
10.48.090 Limited routes—Permit—Issuance conditions.
10.48.100 Limited routes—Permit—Bond.
10.48.110 Limited routes—Permit—Insurance.
10.48.120 Limited routes—Establishment and use.
10.48.130 Limited routes—Additional permit specifications.
10.48.140 Denial of permit—Appeal.
10.48.150 Hearing on appeal—Findings.
10.48.160 Permit—Suspension or revocation.
10.48.170 Permit—Expiration—Supplemental permits.
10.48.180 Supplemental permit denial—Appeal.
10.48.190 Compliance with code provisions.
10.48.200 Commercial vehicles prohibited on certain streets.
10.48.210 Street sign requirements.
10.48.010 Maximum weight designated.
It is unlawful for any person to operate a commercial vehicle exceeding a maximum gross weight of three tons upon any street in the City, except as provided in Section 10.48.040 and Sections 10.48.050 through 10.48.190. (Ord. 1491 § 1 (part), 2015: prior code § 4489(a))
10.48.020 Truck routes—Establishment and use.
A. Whenever any provision of this Code designates or describes any street or streets, or portions thereof, as a street or streets the use of which is permitted by any commercial vehicle or by any vehicle exceeding the maximum gross weight of three tons, the City Manager is authorized to designate such street or streets or portions thereof by approaching signs such as “truck routes” for the movement of commercial vehicles and vehicles exceeding the maximum gross weight limit of three tons.
B. No such provisions shall be effective with respect to any highway which is not under the exclusive jurisdiction of the City or, in the case of any State highway, until such proposed provision has been submitted by the City Council to and approved in writing by the Department of Public Works.
C. No such provision shall prohibit any commercial vehicles coming from an unrestricted street having ingress or egress by direct route to and from a restricted street when necessary for the purpose of loading or unloading passengers, or making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such 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 upon such restricted street for which a building permit has previously been obtained therefor.
D. No such provisions shall apply to any vehicle owned by a public utility while necessarily in use for the construction, installation or repair of any public utility. (Ord. 1491 § 1 (part), 2015: prior code § 4489(b))
10.48.030 Truck routes—Streets designated.
The following are hereby designated as streets the use of which is permitted to any commercial vehicle, or to any vehicle exceeding the maximum gross weight of three tons:
A. Bayshore Freeway (US 101);
B. El Camino Real;
C. Howard Avenue (between El Camino Real and Industrial Road);
D. Brittan Avenue (between El Camino Real and Industrial Road);
E. Industrial Road. (Ord. 1491 § 1 (part), 2015: prior code § 4489(c))
10.48.040 Truck routes—Use required when.
When any such truck traffic route or routes are established and designated by appropriate signs, the operator of any commercial vehicle, or any vehicle exceeding a maximum gross weight limit of three tons, shall drive on such route or routes and none other, except when necessary to traverse another street or streets for the purpose of making pickups or deliveries of goods, wares and 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, remodeling or construction of any building or structure upon such restricted street for which a building permit has been previously obtained therefor, but then only by such deviation from the nearest truck route as is reasonably necessary. The provisions of this section shall not apply to any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. (Ord. 1491 § 1 (part), 2015: prior code § 4489(d))
10.48.050 Limited routes—Use authorized when.
Notwithstanding any other provisions of this Code, vehicles exceeding the maximum gross weight set forth in this chapter may be permitted along streets, herein called “limited truck routes,” not designated by approaching signs as “truck routes,” under the conditions and provisions set out in Sections 10.48.060 through 10.48.190. (Ord. 1491 § 1 (part), 2015: prior code § 4490 (part))
10.48.060 Limited routes—Permit—Required.
Any person desiring to haul along any restricted street shall file an application in duplicate for a permit so to do with the Director of Public Works, the original of which shall be verified. The application shall set forth the following information:
A. A full identification and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for whose benefit the permit is required, this fact, with the full identification of such person and his business and residence address;
B. The facts constituting the necessity for hauling;
C. The amount intended to be hauled;
D. The dates on which the hauling is intended to be commenced and completed, and the times of day during which hauling is intended to be done;
E. The route which the applicant proposes to use over public streets and/or private property;
F. The time interval between vehicles, and the number of vehicles per hour which will travel over the route for which the permit is applied;
G. The locations of the place or places of delivery; provided, however, that if delivery is to be made in small quantities to numerous places, a general description, satisfactory to the Director of Public Works, of the locations of the contemplated deliveries will be sufficient;
H. Such further information as the Director of Public Works may require. (Ord. 1491 § 1 (part), 2015: prior code § 4490(a))
10.48.070 Limited routes—Application—Fee.
If the materials to be hauled are earthen materials, at the time of filing the application, the applicant shall pay to the City, at the office of the Finance Director, a minimum filing fee in such sum as required by resolution of the City Council. The moneys collected from such fees shall be used primarily for the repair and maintenance of the limited truck routes, and thereafter for general street repair and maintenance. (Ord. 1491 § 1 (part), 2015: Ord. 877, 1981: prior code § 4490(b))
10.48.080 Limited routes—Application—Investigation.
Immediately upon filing of an application for a permit to haul, one copy of such application shall be delivered to the Chief of Police. The Director of Public Works will have made an investigation of the facts stated in the application, and within five days from the date of filing such application shall either grant a permit with or without modification, as set forth in Sections 10.48.050 through 10.48.190, or deny the same in whole or in part. (Ord. 1491 § 1 (part), 2015: prior code § 4490(c))
10.48.090 Limited routes—Permit—Issuance conditions.
The application will be granted by the Director of Public Works only if he finds as follows:
A. That the public health, safety or welfare require the hauling and the use of the route applied for, or such modification thereof as he may deem advisable;
B. That the hauling over the route specified will not be injurious to the public health, safety or welfare;
C. That the City will be duly protected from liability for injury to persons and property;
D. That the City will be indemnified from injury to its public streets and other places by reason of the use thereof for such hauling. (Ord. 1491 § 1 (part), 2015: prior code § 4490(d))
10.48.100 Limited routes—Permit—Bond.
The Director of Public Works shall require, as a condition to the granting of any permit under Sections 10.48.050 through 10.48.190, that the applicant deposit with the City Clerk a surety bond, in an amount to be fixed and form to be specified by the Director of Public Works, inuring to the benefit of the City, guaranteeing that the applicant will faithfully perform all of the conditions and requirements specified in the permit, and will repair to the satisfaction of the Superintendent of Streets or, at the option of the Director of Public Works, reimburse the City for any damage caused to city streets or other city property by the hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the Director of Public Works as being sufficient in financial responsibility. (Ord. 1491 § 1 (part), 2015: prior code § 4490(e))
10.48.110 Limited routes—Permit—Insurance.
A. The Director of Public Works shall also require as a condition to the granting of such permit that the applicant deposit with the City Clerk 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 hereinafter specified, against any loss or damage arising directly in carrying on any operations connected directly or indirectly with the hauling for which such permit is issued. Such policies of insurance shall be public liability insurance and property damage insurance and shall have coverages in accordance with the City’s insurance requirements.
B. With the approval of the Director of Public Works, the applicant may deposit the aforesaid surety bonds and policies of insurance on an annual or continuing basis, to cover one or more permits for hauling in the same or different locations. (Ord. 1491 § 1 (part), 2015: prior code § 4490(f))
10.48.120 Limited routes—Establishment and use.
The Director of Public Works shall establish the route or routes over restricted streets which all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route or routes, as may be specified by the City Manager to be least dangerous to public safety, and which shall cause the least interference with general traffic, and the least damage to public streets. (Ord. 1491 § 1 (part), 2015: prior code § 4490(g))
10.48.130 Limited routes—Additional permit specifications.
A. The City Manager shall also specify in granting the permit the following:
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 the route.
B. In addition to the above, if earthen materials are to be hauled, the following requirements shall be part of every permit:
1. Trucks shall be loaded in such a manner that there shall be no spillage;
2. The permit shall specify the number of yards of dirt to be hauled and the number of working days for hauling;
3. That there shall be sprinkling of all loads to keep down the dust, when necessary;
4. That the City streets shall be kept clean of spillage and wheel dirt on allotted routes;
5. That two-way routes be specified in the permit;
6. That the speed of trucks be specified along the routes;
7. That crossing guards shall be provided at the expense of the applicant when necessary, in the opinion of the Police Chief. (Ord. 1491 § 1 (part), 2015: prior code § 4490(h))
10.48.140 Denial of permit—Appeal.
In the event the City Manager modifies or denies in whole or in part any application for a permit as provided for in this section, the applicant may file with the City Clerk a written notice of appeal to the City Council from such decision. Such notice of appeal must be filed within five days of the mailing of the notice denying or modifying the application. In such event, the City Clerk shall set the hearing on such appeal before the City Council for the second succeeding regular meeting after the date of filing such notice. (Ord. 1491 § 1 (part), 2015: prior code § 4490(i))
10.48.150 Hearing on appeal—Findings.
At the time set for hearing, the Council may summon witnesses and hear evidence relating to the application. The Council may continue the hearing from time to time. At the conclusion thereof, the Council may make its findings thereon, and may grant or deny the application, or make such modifications with reference thereto as it may deem fit. The findings and order of the Council shall be final and conclusive on the applicant, and no application for substantially the same purpose may be made by the applicant for one year after the date of such findings and order. (Ord. 1491 § 1 (part), 2015: prior code § 4490(j))
10.48.160 Permit—Suspension or revocation.
If the City Manager deems that the conditions of the permit are being violated, he may suspend the permit until the next meeting of the City Council. At such meeting, he shall present evidence of such violations to the City Council, which may, in its discretion, terminate the permit. (Ord. 1491 § 1 (part), 2015: prior code § 4490(k))
10.48.170 Permit—Expiration—Supplemental permits.
A. In the event that any hauling for which a permit has been granted hereunder is not commenced within five days after the date of issuance of such permit, or in the event that such hauling is at any time abandoned for a period of five consecutive days, 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.
B. When the amount of material hauled equals the number of 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 or supplemental permit to haul has been issued.
C. In either event herein set forth, an application for a supplemental permit to continue the hauling may be filed, setting forth all the information required for the original application and not contained herein. (Ord. 1491 § 1 (part), 2015: prior code § 4490(l))
10.48.180 Supplemental permit denial—Appeal.
In the event a supplemental permit is refused, the permittee may appeal to the City Council in the manner provided in Sections 10.48.140 and 10.48.150 for an appeal from a denial of a permit, and all provisions of such sections for giving of notices, hearings, findings, orders, and conclusiveness of such findings and orders shall apply to this section. (Ord. 1491 § 1 (part), 2015: prior code § 4490(m))
10.48.190 Compliance with code provisions.
Nothing in Sections 10.48.050 through 10.48.190 shall be deemed to authorize the applicant’s noncompliance with other appropriate sections of this Code. Any license or permit required by other sections of this Code shall be obtained in addition to the permit required by Sections 10.48.050 through 10.48.190. (Ord. 1491 § 1 (part), 2015: prior code § 4490(n))
10.48.200 Commercial vehicles prohibited on certain streets.
Whenever any ordinance of the City designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit of three tons, the City Manager shall erect and maintain appropriate signs on those streets affected by such ordinance. No such ordinance shall prohibit any commercial vehicle from using any street, the use of which is not restricted, for the purpose of delivering or unloading goods, wares or merchandise. (Ord. 1491 § 1 (part), 2015: amended during 1989 recodification; Ord. 334 Art. XIII § 143(a), 1953)
10.48.210 Street sign requirements.
The City Engineer/Director of Public Works is hereby authorized to place appropriate signs indicating either those streets restricted or those streets not restricted by this chapter, as he shall determine will best serve to give notice of the provisions of this chapter. The acts proscribed by this chapter shall not be deemed prohibited until such signs are so placed. (Ord. 1491 § 1 (part), 2015: Ord. 1053 § 6(7), 1990; Ord. 334 Art. XIII § 142(d), 1953)