Sec. 17.95. - Commercial vehicles prohibited from using enumerated streets; exceptions.

(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 prohibited by any commercial vehicle exceeding a maximum gross weight limit of three tons, the city traffic engineer shall erect and maintain appropriate signs on those streets affected by such ordinance.

(b)

The following streets and parts of streets are hereby declared to be streets the use of which is prohibited by any commercial vehicle exceeding a maximum gross weight limit of three tons. The provisions of this section shall not apply to passenger buses under the jurisdiction of the public utilities commission:

All streets not designated as main truck routes or secondary truck routes.

(Ord. No. 373, §§ 164, 196.)

Except as otherwise herein provided, it shall be unlawful for any person to operate a motorcycle, motorbike, motor driven cycle or motor scooter upon any portion of the grounds or area in the Cattle Call Arena Park or upon any paved or unpaved roadway therein.

For the purposes of this section, the Cattle Call Arena Park shall be deemed to include the roadway being the westerly extension of Canal Street commencing seventy-five feet west of the west edge of Willard Avenue at its intersection with Canal Street.

Notwithstanding the provisions of this section, it shall not be unlawful for organized motorcycle groups to operate motorcycles in the park when the same is done under the sponsorship or auspices of the chamber of commerce.

(Ord. No. 631, §§ 1, 2, 4.)

areas.

(a)

The parking of commercial trucks of more than twenty-four feet in length or more than three tons gross weight or any vehicle containing hazardous materials, is prohibited at any time on streets in their entirety adjacent to residential and mixed-use areas of the city; provided, however, that commercial truck tractors may be parked on streets within residential and mixed-use areas pursuant to a parking permit as hereinafter provided.

(b)

For the purposes of this section a residential and mixed-use area shall be as described in Sec. 27.73 of the Brawley Municipal Codes as zones R-E, R-A, R-1, R-2, R-3, MHS, MHP, C-P of this code and any zone mixed with residential in any specific plan adopted by the City.

(c)

For the purposes of this section hazardous materials are as defined by the United States Department of Transportation appearing in 49 Code of Federal Regulations under the heading "Hazardous Materials Transportation."

(d)

For the proper administration of this section, notices prohibiting such parking shall be posted at all major public highway and street entrances into the city.

(e)

For the purposes of this section, it is presumed that a commercial vehicle is a vehicle of a type used or maintained for the sole purpose of commercial hire, compensation, or profit or designated, used or maintained primarily for the transportation of goods.

(f)

The provisions of this section shall not apply to vehicles owned or operated by the city or its contractors, passenger buses under the jurisdiction of the Public Utilities Commission, moving vans any vehicle owned by a public entity or public utility while necessary in construction, installation or repair of any public utility, vehicles servicing persons or firms located within the area and recreation vehicles.

(g)

Upon written application of the owner of a truck tractor, a parking permit may be issued to the owner which shall authorize the parking of such truck tractor on the street in the residential and mixed-use areas at the residence of such truck tractor owner as shown on the registration documents issued by the California Department of Motor Vehicles with respect to such truck tractor. Applications for permits shall be in writing and shall provide factual information, including, but not limited to the following: Name of the owner of the subject vehicle; the residence address in the city of the owner as shown by the Department of Motor Vehicles registration of such vehicle; a description of the truck tractor for which the permit is requested, including the make, model year, California license number, and the number, if any, assigned to such vehicle by any state or federal agency regulating or authorizing the operation of such vehicle. No more than one truck tractor shall be permitted to be parked on a residential and mixed-use street at the owner's residence regardless of the number of truck tractors owned by such owner.

Permits issued hereunder shall contain the date of issuance, the expiration date, the address at which the vehicle may be parked and an identifying number for use in determining whether a truck tractor parked on a residential and mixed-use street is parked in conformity with this section. Parking permits shall be displayed in the lower left corner of the truck's windshield. Such permits shall be valid for a period of one year from the date of issuance. In the event of a change of residence by the owner or a change of the vehicle for which the permit was issued, the owner shall obtain an amended permit which shall be valid for the remainder of the initial term. Successive permits for periods of one year may be issued upon application of the owner.

Permits for such parking shall be issued in such form as may be determined by the city manager, at no cost to the owner.

(h)

Truck tractors parked in conformity with the provisions of this section and displaying a valid parking permit issued hereunder may traverse residential and mixed-use streets, but then only by such deviation from the nearest truck route as is reasonably necessary.

(i)

In addition to parking of truck tractors pursuant to permit as provided herein, truck tractors and trailers may be parked with a parking permit for a continuous period not to exceed forty-eight hours on streets designated as follows:

a)

The east side of South 8th Street from G Street to K Street.

b)

The west side of South 8th Street from G Street to I Street.

c)

The west side of North 9th Street from D Street to Main Street.

d)

The west side of South 9th Street from G Street to K Street.

e)

The north side of River Drive from North Cesar Chavez Street to North Palm Avenue.

f)

The east side of South Palm Avenue from Main Street to H Street.

g)

The south side of E Street from North Palm Avenue to North Eastern Avenue.

h)

The west side of N. Eastern Avenue from D Street to Main Street.

i)

The south side of Malan Street from S. Imperial Avenue to Vine Avenue.

j)

The south side of Malan Street from S. Cesar Chavez Street to S. Eastern Avenue.

Nothing in this section shall be construed to allow the parking of a trailer loaded with combustible or hazardous material within fifty feet of a residential and mixed use.

(j)

The parking of any truck tractor or trailer on any street within fifty feet of a street intersection is prohibited under all circumstances.

(k)

A violation of this section shall constitute an infraction under the provisions of Section 42001 of the California Vehicle Code and shall be punishable by:

(1)

a fine not exceeding one hundred dollars for a first violation;

(2)

a fine not exceeding two hundred dollars for a second violation within one year;

(3)

a fine not exceeding two hundred fifty dollars for each additional violation within one year.

(l)

Bail and the parking penalty for an alleged violation of this section is fixed in the amount of fifty dollars.

(Ord. No. 97-04, § 1.)

(Ord. No. 2011-02, § 1, 6-21-2011; Ord. No. 2012-02, § 1, 3-3-2012; Ord. No. 2022-05, § 3a., 7-19-2022)