HomeMy WebLinkAbout6.3 Prohibit Comm'l Vehicles Ordinance 5q0 -c)-d
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: August 24, 1987
SUBJECT: Public Hearing: Ordinance Prohibiting Certain Commercial
Vehicles From Residence Districts (3-Ton Weight Limit)
(Second Reading)
EXHIBITS ATTACHED: (1) Draft Ordinance
(2) Excerpts from California Vehicle Code
RECOMMENDATION: (1) Open Public Hearing
(2) Receive Staff report and public testimony
(3) Question Staff and the public
(4) Close Public Hearing and deliberate
(5) Waive reading and adopt ordinance
FINANCIAL STATEMENT: Approximately $300 for installation of signs.
DESCRIPTION:
This ordinance was introduced at the meeting of August 10th.
The proposed ordinance would impose a three-ton weight limit for
commercial vehicles on all City streets in residence districts, as defined by the
California Vehicle Code. The intent of the ordinance is (1) to prevent excess wear-
and-tear on City streets, thus lessening repair costs in the future; and (2) to
create -a safer environment in residential neighborhoods by allowing only those
commercial vehicles over three tons which have a purpose for using the street. At
the present time, only three City streets have three-ton weight limits: Davona
Drive, Amador Valley Boulevard (between Village Parkway and Dougherty Road), and
Bandon Drive.
This ordinance would ep rmit vehicles using the street as the most
feasible route for purposes of pickup or delivery within the residential
neighborhood, as well as passenger buses or school buses, garbage collection
vehicles, and utility company vehicles engaged in repair or installation of public
utilities. A recreational vehicle or passenger vehicle used for hire (for example, a
vanpool vehicle) is not considered a commercial vehicle by CVC definition.
Upon adoption of the proposed ordinance, signs would be posted at City
entrances which indicate a three-ton weight limit restriction exists on all
residential streets.
Staff recommends that the City Council conduct a public hearing, waive
the reading, and adopt the ordinance prohibiting certain commercial vehicles from
residence districts.
-------------------------------------------------_-----------------------------------
ITEM NO. 6.a COPIES TO: City of San Ramon
TJKM
r 4 °y ✓. K .-. - ,c. y .ia"„fir f ,..
].wf.A.�.S..tiuJr..ai.:.^�;;:.a ..:..rxN.r.#.���.,_,:.,..1.....t..e� ...:...,_hM'.•........ .: .,...,.._... . ,<.,......_. .., ...... .i..4'i.,.. GW.i. ,:.a:5i,e.1:i'.f...ir.:�.. :we,x:eu . ,. .,�.� .5- ...............u.. .. . '
ORDINANCE NO. -87
AN 'ORDINANCE OF'THE CITY OF DUBLIN ,.
PROHIBITING CERTAIN COMMERCIAL VEHICLES,
FROM RESIDENCE DISTRICTS
The City Council of the City of Dublin does ordain as follows:
ARTICLE 1. DEFINITIONS
Section 1. COMMERCIAL VEHICLES PROHIBITED IN RESIDENCE DISTRICTS.
No person shall operate any commercial vehicle, as said term is defined in the
California Vehicle Code, having a gross weight, including load, in excess of three
tons on any street within any residence -district, as said 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 2. EXCEPTION - PICKUPS AND DELIVERIES.
Section 1 shall not prohibit any commercial vehicles coming from an unrestricted
street having ingress and egress by direct route to and from a restricted street when
necessary for the purpose of making pickups or deliveries of goods, wares, and
merchandise from or to any building or structure located on the restricted street or
for the purpose of delivering materials to be used in the actual and bona fide
repair, alteration, rmodeling, or construction of any building or structure upon the
restricted street for which a building permit has previously been obtained. "Direct
route," as used in this section, means the most feasible route from the closest
unrestricted street consistent with the intent to limit the use of streets in the
residence districts of the City by commercial vehicles.
Section 3. EXCEPTIONS - MISCELLANEOUS.
The prohibition contained in Section 1 shall not apply to the following types of
vehicles:
(a) Passenger buses under the jurisdiction of the Public Utilities
Commission;
(b) Any vehicle owned by a public utility while necessarily in use in the
construction, installation, or repair of any public utility;
(c) School buses while carrying students to and from school;
(d) Motor vehicles designed by the manufacturer for the transportation and
collection of garbage, rubbish, or refuse, and which are used regularly
for such collection and transportation by any person any governmental
entity engaged in the business of or in providing the service of
collecting, transporting, and disposing of garbage, rubbish, or refuse.
Section 4. POSTING OF ORDINANCE.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in
at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this 24th day
of August, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
S ��f•
y `i.
XI
IDE VEHICLE CODE § 280 :rl',
Ining ¢ 233. Bus �~
s.
A"bus"is any motor vehicle,other than a motortruck or truck tractor,designed for carrying more
lather than 10 persona including the driver, and used or maintained for the transportation of passengers,
11;or except that ' ' a van pool vehicle as defined in Section 668 and any motor vehicle, other than a :.FGry
y the motortruck or truck tractor, designed for carrying not more than 15 persona, including the driver,
If the when the driver is transporting only members of the household of—the owner thereof shall not be
Won *"
considered to be—a bus for the purposes of this section. °?
aide ,
(Amended by Stata.1976, c. 844, p. 1923, ¢ 1; Stats.1982, c. 46,p. 139, ¢ 4.)
Cross References 6's
`for Bus, defined,air resources, gee Health and Safety Code
§ 39017.
¢ 242. Camp trailer
irate A 'camp trailer" is a vehicle designed to be used on a highway, capable of human habitation for y`.
camping or recreational purposes, that does not exceed 16 feet in overall length from the foremost
point of the trailer hitch to the rear extremity of the trailer body and does not exceed 96 inches in 3:.
width and includes any tent trailer. Where a trailer telescopes for travel,the size shall apply to the
Ilyl. PP Y
trailer as fully extended. Notwithstanding any other provision of law, a camp trailer shall not be '
deemed to be a trailer coach. ej
(Added by Stats.1971, c. 1536, p. 3042, § 1,operative May 3, 1972.)
Lbrery References
Automobiles 4-11.
CJ.S.Motor Vehicles§ 20 et seq.
�: Frided.. Commercial vehicle
A"commercial vehicle"is a vehicle of a type required to be registered under this code used or r^
ained for the transportation of persona for hire, compensation, or profit or designed, used, or
(p, ained primarily for the transportation of property.
bPassenger vehicles which are not used for the transportation of persons for hire,compensation, {
ofit and housecars are not commercial vehicles. This subdivision shall not apply to Chapter 4
t} mencing at Section 6700)of Division 3.
Any vanpool vehicle is not a commercial vehicle.
by Stats.1982, c. 46, p. 139, § 5.)
Notes of Decislone vehicle is one in which persons or property are transported
. n general for hire. Government Emp. ins. Co. v. Carrier Ins. Co.
Within this section,the term"for hire"inodified the word (1975) 119 Ca1.Rptr. 116,45 C.A.3d 223. '
"transportation,"rather than"vehicle,"so that commercial
I� § 267.' Repealed by Stats.1986,c.973, § 1
` The repealed section, added by Stats.1984, a 270, § 1,
/ p defined cotton module mover. '
See,now,§ 36012. .
ti § 273. Crib sheet or cribbing device
A "crab sheet" or "cribbing device" is any paper or device designed for cheating by supplying
examination answers without questions to an applicant for the purpose of fraudulently qualifying the
applicant for any class of driver's license, permit, or certificate.
(Added by Stats.1986, c. 960, § 1.)
'. ¢ 280. Darkness
"Darkness" is any time from one-half hour after sunset to one-half hour before sunrise and any
other time when visibility is not sufficient to render clearly discernible any person or vehicle on the
t� highway at a distance of ' ' ' 1,000 feet. ..
i (Amended by Stats.1974; c. 635, p. 1488, § 1.)
Asterisks • • • Indicate deletions by amendment
mom
Div. 1 WORDS AND PHRASES DEFINED § 515
! t.
sec
§ 510. Repair shop
A "repair shop" is a place where vehicles subject to registration
under this code are repaired, rebuilt, reconditioned, repainted, or in
10- any way maintained for the public at a charge.
(Stats.1959,c.3,p.1536, §510.) ! �! • i'
Historical Note ( •- z
Derivation: Stats.1923, c. 288, 520,
P• § V,p.527, , § 78, added by Stats.1937, c.
28; Stats.1927,c.752,p,1422, §8. 229,p.b27, $ 1.
Cross References I I
i � .
Liens for repair of motor vehicles,see Civil Code§3087 et seq. l
i 1
w Records and reports required,see§ 10850 et seq. i
" Library References l
Automobiles 0384, C.J.S.Motor Vehicles§715. i a
' I�
'
§ 515. Residence district - ;±: .
A "residence district" is that portion of a highway and the prop-
erty contiguous thereto, other than a business district, (a) upon one
" side of which highway, within a distance of a quarter of a mile, the ; I ' a
contiguous property fronting thereon is occupied b 13 or i
Y more sepa-
rate
rate dwelling houses or business structures, or (b) upon both sides of
which highway, collectively, within a distance of a quarter of a mile, ! i '
the contiguous property fronting thereon is occupied by 16 or more ! !! R
separate dwelling houses or business structures. A residence district
may be longer than one-quarter of a mile if the above ratio of sepa-
rate dwelling houses or business structures to the length of the high- i }
way exists. !
(Stats.1959, c. 3, p. 1536, § 515.)
Code Commission Notes-1935
I! I
!:,
See note to § 89 [now § 235]. ! '
�r
Historical Note
Derivation: Stats.1923, c, 288, P. 517, § Veh.C.1935, § 90 (Stats.1935, c. 27, p,
281,,, added Stats.1929, c, 253, p, 510, § 7. 99,) ' . 4
Cross References
Business and residence districts,determination,see§240.
Business district defined,see§235
Lights on parked vehicles in residential district,see§24802, '
Limitations in determining whether highway
g y is within a residential district, see § 240.
Speed limits is residential district,see §22352(b),
Speed restriction signs in residential district, see §§ 21357,'21358, 41100. ! ` 't
Library References
k",
Automobiles Automobiles X5(4),7, M�lt'
C.J.S,Motor Vehicles §29.
95 t:
. .T
o
515 WORDS AND PHRASES DEFINED ,
Dir."1 L
b
l Notes of Decisions u
a
Areas constituting residence district 2 1 Where pedestrian was not able to show
Construction and application I required 13 structures in zone within 3.
instructions 4 one-fourth mile of entrance as required by
Jury questions 3 this section, zone could not be declared a i
"residence district" so as to permit pedes-
trian to walk on either aide of highway
without being guilty of contributory negli- o'
1. Construction and application gence when struck by automobile, by S
Omission of words "at least" by later showing ratio of more than 13 structures 2:
statute, this section, from earlier statute, for area between two signposts, since "ra-
Stats.1929, p. 510, § 28%(b), defining a tio" provision' in said section merely
residence district as the territory contig- means that failure of properly marked d.
uous to public highway when property residence district to have required number ti
fronting on one side of highway for dis- of structures at certain point would not t`
tance of "at least" a quarter of a mile is 1 prevent entire district from being a resi- n
occupied by thirteen or more separate -dente district. McGough v. Hendrickson `l
dwelling houses or business structures, or (1943) 136 P.2d 110,58 C.A.2d 60. "•
where property fronting on both aides o
collectively of highway for "at least" a Where Vuomobile § 465 et acge at s
quarter of a mile is occupied by sixteen time of automobile accident, required a st
speed limit sign to be posted at entrance
or more separate dwelling houses or buei- sr
to residential district, and pedestrian was 61
ness structures, did not control meaning injured by an automobile within area cov- w
of earlier act so as to require that same ered by a speed limit sign, and jury found o
ratio be maintained throughout length of only 12 separate structures within the gt
highway traversing district for six-tenths area, and, under this section, thirteen DI
of a mile in order to constitute it a resi- structures were necessary to constitute 1
t dente district. Rodkey v. City of Escon-
dido the area a residence district, jury was
{ (1937) 8? P.2d 1053, 8 C.2d 885. justified in finding that speed limit sign
i In personal injury action, arising out of was not erected at the entrance to a resi-
accident occurring prior to 1953 amend- dence district. Id. ti
ti
i meat of Veh.C.1935, § 511, absence of evi- This section, providing that a residence w
dence,.to show that speed limit signs had district may be longer than one-fourth n-
ii been in place at entrance to alleged real- mile if the "ratio" of 13 structures exists ill
dential district or at entrance to contig- the length of the highway, does not mean fl!
uous residential district, justified trial that by signposting a municipality can ill- It!
court's refusal to give requested instrue- elude in a residential district an area on
tion on existence of prima facie speed the edge thereof that does not comply
limit of twenty-five miles per hour. Gari- with the statutory requirements, but r"
baldi v. Borchers Bros. (1957) 309 P.2d means that once a residential district °t
23,48 C.2d 283, properly starts and ends with proper
In national guardsmen's actions for in- signs, the fact that in between there
juries sustained when struck by automo- might not be the requisite number of A,
bile while guardsmen were drilling, de- structures at a particular point will not C.
fendants had burden to prove contributory prevent the entire_district from being a
negligence of guardsmen by showing that "residence district". Id.
guardsmen were walking "along and upon" A road is not within a business or resi- at
j highway outside of a business or residen- dential district within Veh.C.1935, § 511
i tial district in manner prohibited by stet- establishing speed limit on roads in such a
i ute. Armstrong v. Sengo (1936) 61 P.2d district, unless it appears that there is
1188, 17 C.A.2d 300. within the district the required density of
Use and occupancy of territory contig- structures and that district is aignposted '
uous to public highway is controlling fac- at the boundary lines thereof. Cavalli v.
for in fixing nature of district as "resi- Luckett (1940) 104 P.2d 708, 40 C.A.2d
l dence" or "business" within speed. Adri- 250.
an v. Guyette (1938) 68 P.2d 988, 14 C. Where front doors of dwelling and ga-
A.2d 493. rage located on lot bounded by street, on
Which automobile accident occurred and by
2. Areas constituting residence district two other streets, faced one of other such (;
An area, to be a residential district streets and were connected therewith by
wherein Veh.C.1935, § 511, limits vehicle walk and driveway, property fronted on
speed to 25 miles per hour, must both be such street and not on street on which
j aignposted as such district and have num- accident occurred and hence, latter street t.
ber of buildings required by this section. was not within "residence district" within
Noble v. Kertz & Sons Feed & Fuel Co. Stats.1929, p. 510, § 28Ya, where street
(1948) 164 P.2d 257,72 C.A.2d 153. had only fifteen separate dwellings or
i gg }
1.
. 1 t;ti tiY
Div. '1 WORDS AND.PHRASES DEFINED § 525
business houses fronting on one-fourth 1927, p. 1437, § 31, limiting speed to 20 it
mile in question. Adrian v. Guyette miles an hour in residence district, was
(1936) 58 P.2d 988,14 C.A.2d 493. for jury, where signs were placed in die-'---
trict limiting speed limit under 1 116• it
3. Jury'questions being presumed that official duty was reg- !`
A disputed question as to whether area ulnrly performed under C.C.P. $ 1963,
is residential district, wherein vehicle subd. 15 (repealed. See, now, Evid.C. $
speed is limited to 25 miles per hour by 604). Galwe868,96 C A is Auto Stages
Veh.C.1935, § 511, is one of fact and not
one for judicial notice. Noble v. Kertz &
Sons Feed & Fuel Co. (1946) 164 P.2d 4. Instructions
257,72 C.A.2d 153. In prosecution for manslaughter arising I `
out of unlawful operation of an automo• r.
Under this section, defining a "residence !
bile giving of instructions on violation of j � ; � , I f• ` ,
district" as portion of highway and con-
speed limit in a residence district without kk
{ tiguous property within quarter-mile dis giving the qualifying limitations of Veh.C.
i t«.nnrc if occupied by 13 dwellings or "busi-
i 1935, § 90.1, was not prejudicial, in view ;: !
ness structures", whether cleaning and
t of evidence that defendant was violating
dyeing establishment, run as a single buai- basic speed law and blind intersection
ness under a single ownership consisting
i statute. People v. Kemp (1957) 310 P.2d
of two buildings joined by driveway over
i 680, 150 C.A.2d 654.
which an overhead was constructed, con-
stituted two business structures within Instruction submitting to jury question
said section so as to permit a pedestrian whether automobile collision, causing inju-
struck by an automobile in such district to ries to plaintiff, occurred in residential ! • ( j f i
walk on either side of the highway with- district, was not prejudicial to defendant,
out being guilty of contributory negli- though plaintiff failed to allow that dis-
genre, was properly submitted to the jury. trict was signposted as residence district,
bleGough v. Hendrickson (1913) 36 P.2d in view of defendant's admissions, another
110,58 C.A.2d 60. instruction, and plaintiff's evidence. Hill
v. Fresno County (1934) 35 P.2d 593, 140 !
Where the nature of a district, such as C.A. 272.
whether it is business or residential with-
in this section, so as to permit a pedes- Instruction that plaintiff was negligent
triau to walk on either side of the high- as matter of law if jury found "from the i ( '
way without being guilty of contributory evidence" that plaintiff walked along high-
negligence if struck b an automobile, is way outside of business or residence dis-
y
in dispute, the trial court should submit trict otherwise than close to his lefthand
the issue as to its character to the jury. side thereof was properly refused, absent
Id. evidence that automobile accident occurred ,,' j: i .
within or without business or residential
Where evidence as to number of sepa- district. Pisani v. Martini (1933) 22 P.2d ! ! !
rate dwellings or business houses fronting g04, 132 C.A.269.
on street at place of automobile accident
was not conflicting, submission of issues Failure to instruct what constituted res-
whether street was in residence district idenee district was not prejudicial, under
and permissible speed thereon was error. evidence showing place of automobile acci-
Adrian v. Guyette (1930) 58 P.2d 988, 14 dent was not residential district. Cun- j
C.A.2d 493. ningham v. Cox (1932) 15 P.2d 169, 126
C.A. 685.
In action for injuries to child struck by I ;
auto stage while attempting to cross Where automobile accident occurred out-
street, question, whether point at which side residence district, rulings and failure
j accident occurred lay within residence dis- to instruct, if leading jury to believe dis-
trict, as defined in Vehicle Act, Stats. trict was residence district, was not prej- :
} 1923, p. 554, § 114, as amended by State. udicial to plaintiff. Id.
525. Right-of-way
Right-of-way is the privilege of the immediate use of the high-
i way.
(Stats.1959, C. 3, P. 1536, § 525.)
' Derivation; Stats.1923, c. 266, p. 520, $ 24; Veli.C.1935, $ 87 (Stats.1935, c. 27, p.
Cross References
i ,Right of way in general,see$§21500 et seq.,21950 et seq.
66 Cal.Code-7 97 I '
( � I
will