HomeMy WebLinkAbout92-04 Restrict Commercial Vehicles to the Truck Route SystemORDINANCE NO. 92-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTION
10-248 OF THE COSTA MESA MUNICIPAL CODE TO
RESTRICT COMMERCIAL VEHICLES TO THE TRUCK
ROUTE SYSTEM.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The Costa Mesa City Council finds and declares as
follows: The City has by ordinance established a truck route
system (Costa Mesa Municipal Code Section 10-248) for vehicles
exceeding a maximum gross vehicle weight of three (3) tons, with
exceptions as required by the California Vehicle Code Section
35700, et seq.
California Vehicle Code Section 35701 allows the City, by
ordinance, to prohibit the use of any street within its
jurisdiction and control by any commercial vehicle exceeding a
maximum gross weight limit, with certain exceptions, by posting
appropriate signs.
To resolve inconsistencies which have been identified with the
CMMC, it is necessary to amend Section 10-248 to provide an
adequate enforcement tool for enforcement of the commercial vehicle
restrictions.
Accordingly, the Costa Mesa Municipal Code is hereby amended
as follows:
SECTION 2. Section 10-248 of the Costa Mesa Municipal Code
entitled "Truck Routes" is amended as follows:
(a) Whenever any resolution of the City Council designates
and describes any street or portion thereof as a street the use of
which is permitted by any vehicle exceeding a maximum gross weight
of 10,000 pounds.
(b) When such truck is established and designated by
appropriate signs, the operator of any commercial vehicle exceeding
a maximum gross weight limit of 10,000 pounds shall drive on such
route and none other, except that the operator of any vehicle
exceeding a maximum gross weight of 10,000 pounds coming from a
truck route may use restricted streets when necessary for the
purpose of making pickups or deliveries of goods, wares and
merchandise from or to any building or structure located on such
restricted streets or for the purpose of delivering materials to be
used in the actual and bonafide repair, alteration, remodeling or
construction of any building or structure upon such restricts for
which a building permit has previously been obtained. The phrase
"maximum gross weight" used in this section shall have the same
meaning as the phrase "manufactured gross vehicle weight rating"
defined in the California vehicle Code Section 390.
(c) The provisions of this section shall not apply to:
(1) Passenger buses under the jurisdiction of the
Public Utilities Commission, Metropolitan Transit
Authority; or
(2) Any vehicle owned by a public utility while
necessarily in use in the construction,
installation of or repair of any public utility.
(d) Those streets and parts of streets established by
resolution of the City Council are hereby declared to be the truck
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routes for the movement of vehicles exceeding a maximum gross
weight of 10,000 pounds.
(e) The use of any street or part of any streets not
established as part of a truck route is hereby prohibited by any
commercial vehicle (as defined by California Vehicle Code
Section 260) exceeding a maximum gross weight of 10,000 pounds,
except as allowed in subsections (b) and (c) above. Appropriate
signs shall be posted as designated by the California Department of
Transportation "Traffic Manual" in accordance with criteria
established by the Transportation Services Manager of the City of
Costa Mesa, showing which streets are truck routes. It shall be
unlawful for any person to operate or park, or cause to be operated
or parked, any vehicle in violation of this provision.
SECTION 3. This Ordinance shall take effect and be in full
force thirty (30) days from and after the passage thereof, and
prior to the expiration of fifteen (15) days from its passage shall
be published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation, printed and published in the City of Costa
Mesa or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names and members of the City Council
voting for and against the same.
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PASSED AND ADOPTED this .3(L[S day of _�L,tj 1992.
ATTEST:
L'Ity Clerk of the City of
Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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Mayor the City of Costa Mesa
I, EILEEN P. PHINNEY, City Clerk and ex—officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. Q.�- jV was introduced and
considered section by section at a re ular meeting of said City
Council held on the day of , 1992,
and thereafter passed and adopted as whole at re ular meeting
of said City Council held on the day of
1992, by the following roll call vote: A
AYES: COUNCIL MEMBERS:N/.�.��
NOES: COUNCIL MEMBERS: `!�
ABSENT: COUNCIL MEMBERS: LA"a—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
th eal of the City of Costa Mesa this x/"_ day of
1992.
APPD AS TO FORM
BY.JJP���a� �(aD
CITY ATTORNEY'S OFFICE
CITY OF COSTA MESA
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L!n
C ty Clerk and ex—officio Clerif
of the City Council of the Ci
of Costa Mesa