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HomeMy WebLinkAboutItem 6.2 CommVehicleWeightLimit CITY CLERK File # J AGEN DA STATEMENT CITY COUNCIL MEETING DATE: June 1, 2004 SUBJECT: Public Hearing: Repealing Section 6.64.020 of the Dublin Municipal Code Regarding Weight Limits for Commercial Vehicles in Residential Districts Report Prepared by: Melissa Morton, Public Works Director 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 Heating and deliberate 5) Waive the reading and introduce the Ordinance (Attachment 1) repealing Section 6.64.020, Commercial Vehicle~ in Residential Districts, of the Dublin Municipal Code 6) Continue the item to the June 15, 2004, City Council meeting to consider adoption of the Ordinance 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 would be required. DESCRIPTION: 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 This ordinance repealed and replaced Sections 6.04.430 and 6.92.010 of the Dublin Municipal Code.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: G: M GENMISC~agst_repeal of muni section 6. 64.020. doc 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 Section 6.64.020 was not repealed as part of Ordinance 10-03 due to an oversight.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. Staff recommends that the City Council conduct a public hearing, waive the reading, and introduce the Ordinance (Attachment 1) repealing Section 6.64.020 of the Dublin Municipal Code regarding weight limits for commercial vehicles in residential districts, and continue the item to the June 15, 2004, City Council meeting to consider adoption of the proposed Ordinance. Page 2 o~ 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. AND ADOPTED this~ day of June, 2004. PASSED, APPROVED AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:MGENMISCIord_repeal of muni section 6.64.020.DOC ORDINANCE NO. 10... 03 AN oRDINANCE O]~ THE CITY OF DUBLIN REGARDING ON'TREET STO~GE,OF,.~m..C.L..~.S.~.~P~,~ ..... ,. .................. ~ REPLACEMENT OF OTHER:~C~~.Q~,,~,~.DUBLIN ~CPAL CODE ' The City Council of the City of Dublin does ordain as follows.; .... Section 1: Section 6.04.4300f 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 eertain vehicles prohibited. (a) Definitions. For the purposes of this section, the following definitions shall apply anless the context clearly indicates or requires a different meaning, (1) "Chief o f Police" means the Chief of Police of me City of Dublin, or his designee. (2) "Commercial Vehicle" shall, mean ._..any vehicle having more'than two axles, or any single commercial ve~c!e, or.c~mafi0~Pf~d .y~!eS,.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 without a cab over camper or sports Utility vehicle. (3) "Oversized Motor Vehicle" shall mean any house ear, pickup truck with cab over camper, recreational vehicle or.oth~ vehic!~ that.meas~. ~..~0~e. ~an ~t~gnty 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 c0~ercial - 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- propelle& (5) "Motor Vehicle" shall mean a passenger vehicle, pickup truck without a cab over camper, sports utility vehicle, motorcycle and motor-driven cycle but shall not include a house car as definea in Seaion 3.62 of the Californi.'..a Vehicl~ Code.. (6) "Residential District" shall meau. any area within the City, which is zoned R-I, R-2, R- M, and those portions of planned development districts and specific plan districts that are specified for residential uses. (b) Measurements: To determine the. width or. length of the vekicles defined in this secti.on, 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 strut, 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 residc-ntial districts, oversized motor vehicles or non-motorized vehicles which are ..... attached to a motor vehicle or oversized moto~.yehicle, and parked on the right of way fronting the owner;s residenCe, are allowed for the pm'poses 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 vohicle, parked on the right of way fronting thc 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 ChiefofPoliceshaI1 establish general stm~dards for an extension provided by this section. (3) Any oversized motor vehicle or non-moton'z. ~d vehi~!e, w~cl~,.is, atta~h~d.~o, a. ~o..~,r....~.c..l~._ ....,.....~..... or oversized motor vehicle, that is parked on a public slreet 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 Parkin~ A visitor to a resident of a Single family or two family dwelling located in a residential district may temporarily park an "oversized motor .vehicle'~ .or a.~nonrmoto~¢d vehicle" attached to a motor vehicle or'oversized motor vehicieon 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 definition of an "oversized motor vehicle" or a . "non-motorized vehicle" which is attached t{~ rnQtor, vehicle or, ovemized m9tor .... 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 9f 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 excex twenty-four (24) hours'on the right of way fronting a business engaged in selling, repairh tg, or renting oversized motor vehicles for the purposes of allowing customers to leave oversized motor x~ehi, e!es after ~.b~e.s,s .~9~ .fqr.~air or return. (6) State of Emergency, The prohibitions provided in this Ordinance shal!,.ngt.gpply to the parking of any oversized vehicle during any state of emergency declared to exist within tte 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 Icad 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 exceeclin; a manufacturers gross vehicle weight often thousand (10,000) pounds, shall park or leave standh g 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 exceedin; 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.n ~. (h) No person who owns or has possession, custody, or control cfa commercial vehicle exceeding a manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standh ~g any such commercial vehicle for mom.than two. (2) hours on any public' street, highway, roadm ty, alley or thoroughfare, except: (I) For such reasonable .time in. ~es~ of .t~V.~ o (2) hours that my be necess~ for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure or for the purpose of delivering materials to be used for repair, alteration, remodeling, or construction of any building or structure upon a restricted s~ feet or highway; or, (2) For such reasonable time..in e~ces~,~9f, two (2) hours that may be necessary when such vehicle is parked in connection wi~ the performance of a service to or on a property i which such vehicle is parked; or, " (3) 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 utility or licensed contractor while nece~m!y in use in the construction, installation, or repi dr' of any public utility. (i) Vehicles found in violation of..~this.~ecfi0!! may be cited or removed, or both cited and remove~ 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 load. s operated or moved upon those streets hereinafter designated. Section 3; Section 6.92.0'10 of Chapter 6 of tho 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 vehicIe, as said term is defined in the California vehicle 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, Oravetz, Sbranti and Zika and Mayor LoCkhart NOES: None ABSENT: None  "~10ayo; - ATTEST:~~,~ ' , -. kCi Cler ' x. Ke/G/8-19-03/ord-oversizodvehi¢les. doc (Itom 6.1) PROPOSED BAIL SCHEDULE- OVERSIZED .VEHICLE ORDINANCE The bail for the last, second and third offense in a 12-month period for the following violations of the Dublin Municipal Code Chapter 6 shall hereby be as follows: 6.04.430(c) 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-$100-$200 of Intersection 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 of vehicles 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 of 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 constnletion 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 Call- 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, sarily 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