Cupertino Municipal Code Ch. 11.32 Truck Traffic Routes

For purposes of this chapter:

A. The term “truck” means any vehicle as defined in the Vehicle Code of California, or as hereafter amended, that exceeds a gross weight of three tons and has a total combination of motor truck, truck tractor and/or trailers of sixty feet or less in length.

B. The phrase “interstate truck” means any vehicle as defined in the Vehicle Code of California, or as hereafter amended, that exceeds a maximum gross weight of three tons and has a total combination of motor truck, truck tractor and/or trailers that exceeds sixty feet in length.

C. The term “public school” means an elementary or secondary school supported by public funds and providing free education for children in grades K - 12.

(Ord. 15-2128, § 2, 2015; Ord. 1267, § 1 (part), 1984; Ord. 833, § 2, 1977)

A. The following truck traffic routes within the City are hereby established for the movement of any truck as defined in Section 11.32.010:

B. The City Engineer is directed to designate the above-named truck traffic routes by the erection of appropriate approved state standard signs giving notice to the ordinance codified in this chapter.

(Ord. 15-2134, § 1, 2015; Ord. 833, § 3, 1977)

When authorized signs are in place giving notice of designated traffic truck routes, no person shall operate, drive, or cause or permit to be operated or driven a truck as defined in Section 11.32.010 of this chapter on any street or streets within the City other than on a truck traffic route, except as otherwise provided in this chapter.

(Ord. 833, § 4, 1977)

Any peace officer having jurisdiction within the City, or acting under its authority, shall have the authority to require any person driving or in control of any vehicle as defined in the Vehicle Code of California, or as hereafter amended, not proceeding over a truck traffic route to proceed to any public or private scale available for the purpose of weighing and determining whether this chapter has been complied with.

(Ord. 833, § 5, 1977)

Nothing contained in this chapter is intended to regulate the movement of any vehicle as defined in the Vehicle Code of California, or as hereafter amended, upon any of the following named highways, portions of which are located within the City, and which are referred to in this chapter as “unrestricted highways”:

Unless otherwise permitted in this chapter, no person shall operate, drive or cause or permit to be operated or driven, an interstate truck as defined in Section 11.32.010 of this chapter on any street or streets within the City other than on unrestricted highways.

(Ord. 1267, § 1 (part), 1984; Ord. 833, § 6, 1977)

A. No person shall operate, drive, or cause or permit to be operated or driven, any truck, as defined in Section 11.32.010 of this chapter, between the hours of 7:00 a.m. and 9:30 a.m. in the morning and the hours of 2:00 p.m. and 4:00 p.m. in the afternoon Monday through Friday, on the following roadway segments:

i. on any roadway which runs contiguous to and is within 500 feet of any public school grounds;

ii. McClellan Road, between Stelling Road and Bubb Road.

B. The only vehicles which can operate during the times listed in Section 11.32.055(a) are as follows:

i. Emergency response vehicles;

ii. Any vehicle traveling on an arterial or major collector avenues as defined in the City of Cupertino’s General Plan, Chapter 5, “Mobility Element”, Figure M-2, including DeAnza Boulevard, Homestead Road, Stevens Creek Boulevard (east of Foothill Boulevard), Wolfe Road (north of Stevens Creek), Bollinger Road (east of DeAnza Boulevard), Bubb Road (north of McClellan Road), Foothill Boulevard (north of Stevens creek), Miller Avenue (north of Bollinger Road), Stelling Road (north of Stevens Creek) and Tantau (north of Stevens Creek Boulevard).

iii. Solid waste, garbage, or recycling trucks and street sweepers operating on their established routes;

iv. A public utility or licensed contractor while necessarily in use in the construction, installation, or in repair of any public utility, within the City, but only as necessary for emergency repair; or

v. Passenger buses and other public transit vehicles under the jurisdiction of the California Public Utilities Commission, school buses, and employer- sponsored passenger buses provided solely fo the employer’s employees, so long as these vehicles do not deviate from their established route(s).

C. The Director of Public Works is directed to designate the above-named school zones by the erection of appropriate approved state standard signs giving notice of the restrictions in this section.

D. When authorized signs are in place giving notice of the designated school zones, no person shall operate, drive, or cause or permit a truck to be operated or driven in violation of this section unless otherwise exempt under the provisions of subsection B of this section.

(Ord. 15-2134, § 2, 2015; Ord. 15-2128, § 3, 2015)

A. Any truck as defined in Section 11.32.010 of this chapter entering the City for a destination point outside the City shall proceed only over a truck traffic route or other unrestricted highway.

B. Any truck as defined in Section 11.32.010 of this chapter on a trip originating within the City and traveling in the City for a destination point outside of the City shall proceed by the shortest and most direct route to the nearest truck traffic route or other unrestricted highway.

C. Any truck as defined in Section 11.32.010 of this chapter entering the City for one or more destination points in the City shall proceed only over a truck traffic route or other unrestricted highway, and shall deviate therefrom only by the shortest and most direct route between each destination point and the nearest truck traffic route or other unrestricted highway.

D. Any truck as defined in Section 11.32.010 of this chapter on a trip originating in the City, and traveling in the City for one or more destination points in the City, shall proceed by the shortest and most direct route to the nearest truck traffic route or other unrestricted highway, and shall deviate therefrom only by the shortest and most direct route between each destination point and the nearest truck traffic route or other unrestricted highway.

E. Any truck as defined in Section 11.32.010 of this chapter traveling in the City for more than one destination point in the City may proceed directly from one destination point to the next destination point by the shortest and most direct route without returning to the nearest truck traffic route or other unrestricted highway, if it will result in a shorter distance being traveled on streets upon which such a truck ordinarily would not be allowed to travel notwithstanding the requirements of subsections C and D of this section.

(Ord. 833, § 7, 1977)

For the purpose of this chapter, a “restricted street” is any street which is neither a truck traffic route nor an unrestricted highway. This section does not apply to the time restrictions around school zones as set forth in Section 11.32.055. Except during the times as set forth in Section 11.32.055, nothing contained in this chapter shall prohibit the operation of any commercial vehicle as defined in the Vehicle Code of California, or as hereafter amended, coming from a truck traffic route or unrestricted highway having ingress or 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, remodeling, or construction of any building or structure upon the restricted street for which a building permit previously has been obtained.

(Ord. 15-2134, § 3, 2015; Ord. 833, § 8, 1977)

Except as provided in Section 11.32.055, the provisions of this chapter shall not apply to any of the following:

A. Passenger buses under the jurisdiction of the Public Utilities Commission of California, and school buses;

B. Any authorized emergency vehicle as defined in Section 165 of the Vehicle Code of California, or as hereafter amended;

C. Any vehicle owned, leased, operated or controlled by:

i. The City of Cupertino,

ii. A contractor retained to provide street sweeping within the City of Cupertino but only while its truck are operating on an established route or traveling to and from an established route,

iii. A public utility or licensed contractor while necessarily in use in the construction, installation, or in repair of any public utility, within the City,

iv. The holder of a franchise issued by the City for the removal of garbage, solid waste, or recycling but only while its trucks are operating on an established route or traveling to and from an established route; and

v. An employer providing transportation to its employees, provided such vehicles deviate from a truck traffic route or unrestricted highway only by way of a direct route to and from a restricted street and only when necessary for the purpose of picking up or dropping off passengers.

(Ord. 15-2134, § 4, 2015; Ord. 833, § 9, 1977)

Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code.

(Ord. 1731, (part), 1996; Ord. 1196, § 1, 1982; Ord. 1179, § 2 (part), 1982; Ord. 833, § 11, 1977)