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File # 2JL( J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 15, 2004
SUBJECT: Public Hearing: Repealing Section 6.64.020 of the Dublin
Municipal Code Regarding Weight Limits for Commercial Vehicles
in Residential Districts 2nd Reading
Report Prepared by: Ray Kuzbari, Traffic Engineer
ATTACHMENTS: 1) Proposed Ordinance repealing Section 6.64.020 of the
Dublin Municipal Code Regarding Commercial Vehicles in
Residential Districts
2) Ordinance 10-03 of the City of Dublin repealing and
replacing Section 6.04.430 regarding the prohibition of
on-street parking and/or storage of certain vehicles
3) Chapter 6.64, Weight Limits, of the Dublin Municipal Code
RECOMMENDATION: 1) Open Public Hearing and receive Staff Presentation
/~ 2) Take Testimony from the Public
3) Question Staff and the Public
4) Close the Public Hearing and deliberate
5) Waive the reading and adopt the Ordinance (Attachment 1)
repealing Section 6.64.020, Commercial Vehicles in
Residential Districts, of the Dublin Municipal Code
FINANCIAL STATEMENT:. The cost to implement the proposed Ordinance is minimal and no
installation of new street signs will be required.
DESCRIPTION: This is the second reading of a proposed ordinance, which was
intrOduced at the City Council meeting on June 1, 2004.
On August 19, 2003, the City Council adopted Ordinance 10-03 (Attachment 2) regarding the prohibition
of on-street parking and/or storage of certain vehicles. This ordinance repealed and replaced Sections
6.04.430 and 6.92.010 of the Dublin Municipal Code. The old Section 6.92.010 prohibited operating any
commercial vehicle having a gross weight, including load, in excess of three tons on any street within any
residential district in the City. The new Section 6.92.010 changed the weight limit for this prohibition
from three to five tons. Signs are currently in place at City entrances giving notice of' this prohibition
based on the five-ton weight limit.
COPIES TO:
ITEM NO. ~
G:MGENMISClagst_repeal of muni section 6.64.020_adopt. doc I "~(~'-~--
Section 6.64.020 (Attachment 3) of the Dublin Municipal Code is identical to the old Section 6.92.010,
specifying a three-ton weight limit for operating commercial vehicles on residential streets. Section
6.64.020 was not repealed as part of Ordinance 10-03 due to an oversight.. Since the new Section
6.92.010 specifies a five-ton weight limit for the same prohibition, Section 6.64.020 should be repealed
from the Dublin Municipal Code in order to maintain consistency of language within the Code, eliminate
overlapping sections covering the same issue, and avoid confusion. The City Attorney's Office Staff
concurs that this section of the Code should be repealed.
During the public hearing on June 1st when the proposed ordinance was introduced, a question was raised
by a citizen as to why Ordinance 10-03 changed the weight limit for operating commercial vehicles on
residential streets from three to five tons. Staff indicated that commercial vehicles exceeding a gross
weight of 10,000 pounds (or five tons) are prohibited from parking for more than two hours on any public
street in Dublin. Therefore, it was appropriate for Ordinance 10-03 to raise the weight limit for operating
commercial vehicles on residential streets to five tons to match the weight limit used by the City to restrict
parking for commercial vehicles.
Staff recommends that the City Council conduct a public hearing, waive the reading, and adopt the
Ordinance (Attachment 1) repealing Section 6.64.020 of the Dublin Municipal Code regarding weight
limits for commercial vehicles in residential districts.
Page 2
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY OF DUBLIN
REPEALING SECTION 6.64.020,
COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS,
OF CHAPTER 6.64 OF THE DUBLIN MUNICIPAL CODE
The City Council of the City of Dublin does ordain as follows:
Section 1: Section 6.64.020, Commercial Vehicles in Residential Districts, of Chapter 6.64 of the
Dublin Municipal Code is hereby repealed.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN: '
Mayor
ATTEST:
City Clerk
G: l/t GENMISCIord_repeal of muni section 6. 64.020.DOC
A g, OHMENT _
ORDINANCE NO. 10- 03
AN ORDINANCE OF THE CITY OF DUBLIN
REGARDING ON-STREET. STORAGE OF..~m~S..~..~P~.~.
REPLACEMENT OF OTHER AFF., EC~_E~C~.Q~.,~.F,...THE DUBLIN MUNICPAL CODE
The City Council of the City of Dublin does ordain as follows:
Section 1: Section 6.04.430 of Chapter 6, of the Dublin Municipal Code is hereby repealed.
Section 2; A new Section 6.04.430 of Chapter 6, of the. Dublin Municipal Code is hereby adopted to
read as folloWs:
6.04.430 Use of streets for parking and/or storage of certain vehicles prohibited.
(a) Definitions. For the purposes of this seclion, the following defmitions Shall apply unless the
context clearly indicates or requires a different meaning.
(1) "Chief of Police'~ means the Chief of Police oft he city of Dublin, or his designee.
(2) "Commercial Vehicle" shall mean 0ny vehicle having more'than two axles, or any single
commercial vehicle or~co~c~.pf,~d.y~!~S, which exceed twenty (20) feet in
length, any single commercial vehicle or combination of said vehicles eighty-four (84)
inches or more in width, or any single commercial vehicle or combination of said
vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000)
pounds or more. A Commercial Vehicle includes a truck tractor, but does not include an
oversized motor vehicle or non-motorized vehicle as defined herein or a pickup truck
without a cab over camper or sports Utility vehicle.
(3) "Oversized Motor Vehicle" shall mean any house car, pickup truck with cab over
camper, recreational vehicle or.other vehic!~, that measm'es.~mqm ~an. ~twenty two (22)
feet in length OR is more than eighty-four (84) inches in width, OR more than eighty-
four.(84) inches in height. The term "Oversized Vehicle" does not include a commercial
vehicle as defined herein, a pickup truck without a cab over camper or sports utility
vehicle.
(4) "Non-motorized Vehicle" shall mean any trailer or any other device that is not self-
propelled.
(5) "Motor Vehicle" shall mean a passenger vehicle, pickup truck without a cab over
camper, sports utility vehicle, motorcycle and motor4riven cycle but shall not include a
house car as define2t in Section 362 of the California Vehicle Code.....: .......
(6) "Residential District"shall mea~._~ ,any area within the City, which is zoned R-l, R-2, R-
M, and those portions of planned development districts and specific plan districts that are
specified for residenfialuses. ~,~¢~' .... ~_. ~· .
(b) Measurements: To determine the. width or. length of the vehicles defined in this section, any
extension to the vehicle Caused by mirrors, air conditioners, or similar attachments shall not be
included.
(c) No person who owns or has possession, custody, or control of any motor vehicle, shall park or
leave standing, such motor vehicle upon any public street, highway or alley for more than a period
of seventy-two (72) consecutive hours:
(d) No person shall, at any time, park or leave standing any oversized motor vehicle or non-motorized
vehicle on any public street, highway or alley except:
(1) In residential districts, oversized motor vehicles or non-motorized vehicles which are ..
attached to a motor vehicle or oversized motor.vehicle, and parked on the fight of way
fronting the owner's residenCe, are allowed for the purposes of loading, unloading, cleaning,
battery-charging, or other activity preparatory or incidental to travel for a period of time not
to exceed forty-eight (48) consecutive hours.
(2) In residential districts, oversized motor vehicles or non-motorized vehicles which are .
attached to a motor vehicle or oversized motor vehicle, parked on the right of way fronting
the owner's residence may be allowed for an additional twenty-four (24) consecutive hours,
but no more than a total of seventy-two (72) consecutive hours, provided an extension
permit has been granted by the Chief of Police. The Chief of Police shall establish general
standards for an extension provided by this section.
(3) Any oversized motor vehicle or non-motorized vehicle which,~.attach~d..m, a..mot?r?ehicle
or oversized motor vehicle, that is parked on a public street pursuant to either subsections
(I) or (2) hereinabove shall, at the end of the permitted period of time, whether forty-eight
(48) or seventy-two (72) hours, be removed from its location and shall not be parked on any
public street, or posted private property within the city limits, for the purposes stated
hereinabove for a period of at least forty-eight (48) hours.
(4) Visitor Parking, A visitor to a resident of a single f~mily or two family dwelling located in a
residential district may temporarily park an "oversized motor vehicle'~ or a.'~nocrmot~ed
vehicle" attached to a motor vehicle or oversized motor vehicle on the right of way fronting
the dwelling being visited, based on the criteria listed below.
(i) The visitor obtains a "Visitor Parking Permit" from the Chief of Police or
designee.
(ii) The vehicle is registered to, or leased and operated by, a person permanently
residing more then fifty (50) miles from the visitation site.
(iii) The vehicle complies with the def'mition of an "oversized motor vehicle" or a
"non-motorized vehicle" which is attachedm.motor vehicle 0r oversized motor.
vehicle and is used for recreational housing purposes only.
(iv) The vehicle shall not be used for habitation and cannot be connected to utility
services for the duration of the visit.
'(v) The vehicle may be parked for a period of time not to exceed a total of five (5)
days in a thirty (30) day period.
(5) In commercial districts, oversized motor vehicles may be parked for a period not to exeee
twenty-four (24) hours on the right of way fronting a business engaged in selling, repairir g,
or renting oversized motor vehicles for the purposes of allowing customers to leave
oversized motor vehic!es....aft~.;!~ busit3, eSS ~.~.s..~9.r..~air or return.
(6) State of Emergency, The prohibitions provided in this Ordinance sha!!...n.~t, gpply to the
parking of any oversized vehicle during any state of emergency declared to exist within
City of Dublin by the City Council.
(e) No person who owns or has possession, custody or control of any motor vehicle or non-motoriz,;d
vehicle which is six (6) feet or more in height (including any load thereon) shall park or leave
standing any such vehicle on a street or highway within forty-five (45) feet of any intersection.
(f) No person who owns or has possession, custody or control of any commercial vehicle exceeding.., a
manufacturers gross vehicle weight often thousand (t0,000) pounds, shall park or leave stan '
any such commercial vehicle on a street or highway which is prohibited to commercial vehicle
traffic pursuant to Section 6.88.040 of this code.
(g) No person who owns or has possession, custody or control of any commercial vehicle exceeding a
manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standh tg
any such eommerci,al vehicle on any restricted street between the hours of 2:00 am and 6:00 a.nt.
(la) No person who owns or has possession, custody, or control of a commercial vehicle exceeding
manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standh tg
any such commercial vehicle for more than two. (2) hours on any public street, highway, roadva ty,
alley or thoroughfare, except:
(1) For such reasonable time. '.tn. excess, of..tw_o (2) hours that may be necessary for the
purpose of making pickups or deliveries of goods, wares, and merchandise fxom or to any
building or structure or for the purpose of delivering materials to be used for repair,
alteration, remodeling, or coustmcfion of any building or structure upon a restricted sl ~et
or highway; or,
(2) For such reasonable time. in exces.s..gl....tw.o (2) hours that may be necessary when such
vehicle is parked in connection with the performance of a service to or on a property i
which such vehicle is parked; or,
O) For such reasonable time in excess of two (2) hours that may be necessary to make
emergency repairs.
(4) No regulation adopted in this chapter shall apply to any vehicle owned by a public uti [ity
or licensed contractor while necessarily in use in the construction, installation, or rel~ ir
of any public'Utility.
(i) Vehicles found in violation of~s.s~fion ..may be cited or removed, or both cited and removed in
accordance with section 6.04.210.
(j) The City Engineer shall erect and maintain suitable signs notifying the public of the permissible
weights and sizes of vehicles and their loads operated or moved upon those streets hereinafter
designated.
Section 3; Section 6.92.010 of Chapter 6 of the Dublin Municipal Code is hereby repealed.
Section 4; A new Section 6.92.010 of Chapter 6, of the Dublin Municipal Code is hereby adopted to
read as follows:
6.92.010 Established.
No person shall operate any commercial vehicle, as said term is defined in thc California Vehicte Code,
having a gross weight, including load, in excess of five (tons) on any street within any residential
district, as such term is defined in the California Vehicle Code, in the city; provided, signs are in place at
city entrances giving notice of this prohibition.
Section 5; Chapter 6.68 "Oversized and/or Overweight Vehicles" shall be renamed "Movement of
Vehicles and Equipment" as to not be in conflict with Section 6.04.430.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2003.
AYES: Councilmembers McCormick, Omvetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
f ' "~l~ayo~ -
ATTEST:~/~,.a ~
_/,
- (Ci Cler - X.
K2/G/$-I 9-03/ord-oversizedvchlcles.doc (Item 6.1)
6.64.010
Chapter 6.64 6.64.030 Signs.
The City Engineer shall erect and main-
WEIGHT LIMITS rain suitable signs notifying the public of
the permissible weights ofvehicIes and their
Sections: loads operated or moved upon those streets
6.64.010 Permissible weights--- hereinafter designated. (Ord.. 6-84 § 2: Ord~
Generally. 9 § 2, 1982)
6.64.020 Commercial vehicles in
residential districts. 6.64.040 ExceptionS.
6.64,030 Signs; A. No regulation adopted in this .chapter
6.64.040 Exceptions. shall prohibit any commercial vehicles
coming from an unrestricted street having
6,64.010 Permissible weights-- ingress and egress by direct route to and
Generally. from a restricted street when neceSSary for
The permissible weights of vehicles and the purpose of making pickups or deliveries
their loads operated or moved upon those o£ goods, wares, and merchandise from 'or
streets hereinafter designated shall be the to any building or structure located on the
weights fixed by this chapter. (Ord. 6-84 § restricted street or for the purpose of deliv-
1: Ord. 9 § 1, I982) ering materials to be used in the actual and
bona fide repair, alteration, remodeling, or
6.64.020 Commercial vehiCles in construction of any building or structure
residential districts, upon the restricted street for which a build-
No person shall operate any commercial lng permit has previously been obtained.
vehicle, as the term is defined in the Ca/i- B. No regulation' adopted in this chapter
fomia Vehicle Code, having a gross weight, shall apply to any vehicle owned by a pub-
including load, in excess of three (3) tons lic utility or licensed contractor while neces-
on any street within any residence district, sadly in use in the construction, installation,
as such term is defined in the California or repair, of any public utility. (Ord. 6-84 §
Vehicle Code, in the city; provided, signs 3: Ord. 9 § 3, 1982)
are in place at city entrances giving notice
of this prohibition. (Ord. 54-87 Ch. 15: Ord.
6-84 § 4:' Ord. 9, 1982)
231
PROPOSED BAIL SCHEDULE - OVERSIZED VEHICI.E ORDINANCE
The bail for the f~t, seoond and third offense in a I2-month period for the following violations of
the Dublin Municipal Code Chapter 6 shall hereby be as follows:
6.04.430(¢) Vehicle Parking- over 72 hours I $100-$250-$500
6,04.430(d)(1) RV Parking- over 48 hours I $100-$250-$500
6.04.430(d)(2) RV parking- over 72 hours I $100-$250-$500
6.04.430(d)0) RV Parking - failure to remove
RV for 48 hours I $100-$250-$500
6.04.430(e) Vehicle over 6' height within 45' I $50-$t00-$200
of Intersection