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HomeMy WebLinkAboutOrd 201 ORDINANCE NO. 201 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY REVISING CHAPTER 12.56 OF THE CATHEDRAL CITY MUNICIPAL CODE RELATING TO TRUCK ROUTING AND PARKING REGULATIONS. The city council of the City of Cathedral City does ordain as follows: SECTION 1. Pursuant to state and local environmental guidelines, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment and therefore a negative declaration is approved. SECTION 2. Chapter 12.56 is hereby amended as follows: Chapter 12.56 TRUCK ROUTES & PARKING RESTRICTIONS Sections: 12.56.010 Enactment 12.56.020 Definitions 12.56.030 Truck Routes Designated 12.56.040 Prohibition Off Truck Routes 12.56.050 Resident Exemption Permit 12.56.060 Vehicle Parking Prohibition 12.56.070 Trailer Parking Prohibition 12.56.080 Violation/Penalty Section 12.56.010 Enactment. This chapter is enacted pursuant to the California Vehicle Code, Division 11, Chapters 9 and 10, commencing with Section 22500 and Division 15, Chapter 5, Article 4, commencing with Section 35700. Section 12.56.020 Definitions. The following definitions are based on the State of California Vehicle Code and are to be used in administering this chapter. All other definitions as contained in the State of California Vehicle Code are included by reference: 1. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code and used or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of i property. 2. "Semi-trailer" means a vehicle designed for carrying persons or property used in conjunction with a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. 3. "Trailer" means a vehicle designed for carrying persons or property on its own structure and being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. - 1 - 001082 4. "Truck tractor" means a motor vehicle designed and used primarily for drawing another vehicle and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. 5. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway. Trailers, semi-trailers and truck tractors are considered vehicles. 1 Section 12.56.030 Truck Routes Designated. 1. The following streets and portions of streets are designated and established as commercial vehicle truck routes: a. Cathedral Canyon Drive from East Palm Canyon (designated as State Highway 111) to Kiely Road. b. Date Palm Drive from East Palm Canyon through the city. c. East Palm Canyon Drive (designated as State Highway 111) in its entirety through the city. d. Perez Road in its entirety through the city. e. Ramon Road in its entirety through the city. f. Varner Road in its entirety through the city. 2. Appropriate signs shall be erected indicating the streets affected and shall indicate "TRUCK ROUTE" and commercial vehicle weight limitations in letters not less than four inches in height. Such signs shall be erected at all intersections of truck routes, at all intersections of designated routes within the boundary lines of the city, or the terminus of the route. Section 12.56.040 Prohibition Off Truck Routes. When truck routes are established pursuant to this chapter and designated by appropriate signs, the operator of any commercial vehicle with a maximum gross weight limit of 10,000 pounds (five tons) or more shall drive said vehicle only on such routes and none other except for the following: 1. Commercial vehicles coming from a truck route having ingress and egress by direct route to and from a restricted street when necessary for the purpose of providing a direct service requiring the utilization of such vehicles or making pickups and deliveries of goods, wares and merchandise from or to any building or structure located on the restricted street or from 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 the restricted street for which a building permit has previously been obtained; 2. Any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility; - 2 - 001083 3. Vehicles as may be reasonably necessary for: a. The purpose of transporting farm or ranch supplies, produce, or animals to and from farms situated along a street otherwise forbidden to be used by such vehicles. b. The purpose of transporting a trailer used for recreation or residential purposes to and from locations along a street otherwise forbidden to be used by such vehicles. 4. Owner/operator residing in the city and having a resident exemption permit as detailed in Section 12.56.050. Section 12.56.050 Resident Exemption Permit. The Police Department may issue exemption permits to commercial vehicle owners/operators residing within the city for the purpose of traveling on restricted streets to and from their residence, if the following conditions are met: 1. The permit shall be limited to one commercial vehicle truck and trailer or tractor and trailer combination per legal lot; 2. The gross weight of the commercial vehicle shall be less than 10,000 lbs. 3. The vehicle shall be parked on private property within a totally enclosed garage or within the side or rear yard of the residence' in such a manner so as to minimize visibility from the street; 4. The applicant shall warrant that there will be no continuous operation of commercial vehicle engines or accessory generators or compressors prior to 6 a.m. or after 9 p.m. "Continuous operation" shall be defined as operating in excess of 15 minutes cumulatively in any one period between 9 p.m. and 6 a.m. Violation of this section shall be grounds for revocation of this permit at the discretion of the Police Department; 5. The granting of such permit will not result in damage to city streets or cause a pedestrian or traffic hazard or adversely affect adjacent properties; 6. A permit fee as established by the city is paid. Section 12.56.060 Vehicle Parking Prohibition. In order to maintain the residential neighborhood atmosphere within the community and in the interest of public safety and welfare, commercial vehicles having a L manufacturer's gross vehicle weight, per California Vehicle Code, Section 390, rating of 10,000 pounds (5 tons) or more, are prohibited from parking on any street or portion thereof not designated as a truck route, except with respect to making pickups or deliveries from or to any building or used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure located off the designated truck route. In addition, commercial vehicles having a gross vehicle rating of 10,000 pounds or more are prohibited from parking on private property unless otherwise permitted by use permit or design review approval per the zone code regulations. No commercial vehicle of less than 10,000 lbs. - 3 - 031084 gross vehicle weight shall park on, any street other than, in commercial - or industrial zoned areas, or on any authorized truck route. Section 12.56.070 ` Trailer Parking Prohibition. A person .shall not park any trailer or semi-trailer upon any tnghway street, alley, public way or public place except on designated truck routes and then only if the trailer or semi-trailer is attached to a vehicle capable of moving the trailer or semi-trailer in a normal manner upon the street. This section shall not apply to trailers or semi-trailers in the process of being loaded or unloaded, nor; shall—it--apply, to—any trailer or semi-trailer which is disabled in such -4 -matirier and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled trailer or semi-trailer on that portion of the highway, street, alley, public way or public place ordinarily used for vehicular parking. A disabled trailer or semi-trailer shall not be temporarily parked along a public right-of-way for more than 24 hours. A trailer used for recreational purposes may be parked on a public street for up to 24 hours to allow for cleaning, loading and unloading. Section 12.56.080 Violation/Penalty. Any person, firm or corporation who shall violate any provision of this chapter shall be deemed guilty of an infraction. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council ; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on December 22 , 1987 by the following vote: Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and Mayor Paquette Noes: None Absent: None i 1 — _ _ MAYOR L ATTEST ,*,/,27,e - e:Z-2e/ - CITY iRK APPROVED AS TO FO : APPRfiV ,0`0 CONT'NT: dl 2,77 Ailkiali CITY ATTORNEY ' MANAGER - 4 - 031095 'HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ORDINANCE NO. O1 WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA.IN A MEETING THEREOF HELD ON THE DAY OFTPrember ,1981 , AND THAT SAME WAS POSTED IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. );# 4. g/ 3 CITY CLERK