Article VI — Restricted Use of Certain Streets

(a)

No person shall operate any of the following vehicles in the central traffic district between the hours of 7:00 A. M. and 6:00 P. M. of any day except over designated truck routes:

Any freight vehicle more than eight and one-half feet in width, with load or any freight vehicle so loaded that any part of its load extends more than twenty feet to the front or rear of such vehicle;

Any vehicle carrying building material that has not been loaded, or is not to be unloaded, at some point within the central traffic district;

Any freight vehicle with a trailer;

Any vehicle carrying crude or fuel oil;

Any vehicle conveying refuse, rubbish, garbage or dirt.

(b)

The chief of police may by written permit authorize the operation of any such vehicle for the purpose of making necessary emergency deliveries to or from points within the central traffic district.

(Ord. No. 373, §160.)

No person shall operate or drive any vehicle used for advertising purposes or any advertising vehicle equipped with a sound amplifying or loudspeaking device upon any street or alley at any time within the central traffic district.

(Ord. No. 373, §161.)

(a)

Whenever any provision of this Code or other ordinance of this city 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 limit of three tons, the city traffic engineer is hereby authorized to designate such street or streets by appropriate signs as "Truck Traffic Routes" for the movement of vehicles exceeding a maximum gross weight unit of three tons.

(b)

When any such truck traffic routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such routes and none except when necessary to traverse another street to or from a destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck route as is reasonably necessary. The provisions of this section shall not apply to passenger busses under the jurisdiction of the public utilities commission.

(c)

The following streets and parts of streets are hereby declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross weight of three tons.

(1)

Main truck routes are as follows:

Brawley Avenue from southerly city boundary to First Street.

First Street from Brawley Avenue to Main Street.

Main Street from the west city boundary to Plaza on the west; from Eighth Street to the east city boundary.

North Plaza from Main Street on the west to North Fifth Street.

North Fifth Street from North Plaza Street to E Street.

E Street from North Fifth Street to North Eighth Street.

North Eighth Street from Main Street to the north city boundary.

South Plaza on the west from Main Street to South Fifth Street.

South Fifth Street from South Plaza to G Street.

G Street from South Fifth Street to South Eighth Street.

South Eighth Street from G Street to Main Street.

Highway 111 from Main Street to Malan Street.

(2)

Secondary truck routes for trucking originating or destined for the area surrounding the city are as follows:

South Imperial Avenue from K Street to south city limits.

North Imperial Avenue from A Street to the north city limits.

South Fifth Street from K Street to the end of South Fifth Street.

Tenth Street from Magnolia Street to Malan Street.

Palm Avenue from north city limits to south city limits.

Eastern Avenue from north city limits to Malan Street.

A Street from Western Avenue to Highway 111.

B Street from Eastern Avenue to Highway 111.

C Street from Ninth Street to Tenth Street; from North Eastern Avenue to Best Road.

D Street from Ninth Street to Tenth Street.

E Street from Ninth Street to Tenth Street; from North Palm Avenue to North Eastern Avenue.

G Street from Eighth Street to Tenth Street.

I Road from South Eastern Avenue to Highway 111.

K Street from Highway 86 to Eastern Avenue.

North First Street from Main Street to A Street.

Western Avenue from Main Street to north city limits.

Malan Street from Highway 86 to Highway 111.

South Eighth Street from G Street to K Street.

Ninth Street from B Street to Malan Street.

River Drive from North Tenth Street to Best Road.

Jones Street from North Eastern Avenue to Best Road.

Best Road from Jones Street to Main Street.

(Ord. No. 97-04, § 1.)

(a)

Intent and Purpose. It shall be the intent and purpose of the ordinance codified in this chapter to provide for the public necessity, health, safety and general welfare through the establishment of procedures for terminal designation and truck route designation to terminals within the city for interstate trucks.

(b)

Since the Federal Surface Transportation Assistance Act of 1982 and Chapter 145 of the Statutes of 1983 of the state of California, revised current state law on the length and width of truck combinations and implements federal requirements dealing with access to the federally designated system by interstate trucks, it is required that the city enact an ordinance providing a process of application for terminal and route designation within the bounds of the city limits by persons requiring the service of such interstate trucks off said federally designated system. (i.e. I-8).

(c)

Application Process.

(1)

Those persons qualifying as a "terminal," as defined in subsection (d) of this chapter and requiring terminal access from federally designated highways, shall submit an application and required fee to the engineering department, City Hall, 400 Main Street, Brawley, California. Said application shall be made on forms furnished by city.

(2)

Upon receipt of the application, the city engineer shall determine the applicant's conformance with the "terminal" designation and if so approved, shall then determine the capability of the route requested and/or alternate routes. Capability will be determined by adequate turning radii and lane widths of ramps, intersections and highways. Also, a determinant factor will be general traffic conditions such as sight distance, speed and traffic volumes for safe operation. Access off the federally designated highways shall require Cal Trans (District 11) approval.

(3)

If the requested route passes through several jurisdictions (i.e., county or other municipality), applicant shall comply with the application process of such other jurisdictions. Obtaining permits from such other jurisdictions shall be the responsibility of the applicant.

(d)

Definitions. "Terminal" and "interstate truck," as used in this chapter, shall be defined as follows:

(1)

"Terminal" means a facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured.

(2)

"Interstate truck" means tractor semis or doubles with unlimited length as regulated by California Vehicle Code Sections 35401.5(a) (1) and (2).

(e)

Cost Recovery.

(1)

Fees/costs for the application of a terminal designation. A nonrefundable application fee of one hundred fifty dollars to cover the cost of reviewing route(s) and terminal designation is hereby established.

(2)

If the application for a terminal designation is approved, the applicant shall be required to pay for the purchase, installation and maintenance of terminal access signs and trailblazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. Said costs shall be determined by the office of the director of public works of the city.

(f)

Revocation of Route. The city engineer is authorized to revoke any approved route if said route proves to be a safety hazard for any vehicular traffic. A safety hazard is defined as inability of the interstate trucks to negotiate the route and/or said trucks causing unsafe driving conditions for other vehicular traffic and/or pedestrians.

(g)

Appeals Process.

(1)

If the office of the city engineer denies terminal designation and/or route feasibility or revokes a previously approved route per subsection (f), the applicant/terminal owner, within ten days following the date of a decision of the city engineer on a revocation of terminal access or terminal designation may appeal said decision to the city council. An appeal shall be made on a form prescribed by the city and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the city engineer or wherein his decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the city engineer shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the city engineer, the findings of the city engineer and his decision on the application.

(2)

The city clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the city council.

(3)

If Cal Trans (District 11) and not the city engineer denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but must be made to said Cal Trans (District 11).

(h)

Retrofitting Ramps, Intersections and Roadways. If all feasible routes to a requested terminal are deemed unsatisfactory by the office of the city engineer, the applicant may request retrofitting the deficiencies, but all costs of engineering, construction and inspection shall be borne by the applicant.

(Ord. No. 776, § 1.)