Duarte Municipal Code Ch. 11.10 Use of Restricted Streets

Notwithstanding the provisions of Chapter 11.08, vehicles exceeding the maximum gross weight limit set forth in Section 11.08.010 may be permitted to operate upon restricted streets from which they are excluded by Chapter 11.08 upon obtaining a permit therefor pursuant to this chapter.

(Ord. 250 § 1 (part), 1969)

Any person desiring to operate a nonexempt vehicle or vehicles exceeding a maximum gross weight limit of three tons each along or upon any restricted street shall file an application, in triplicate, for a permit to do so, with the city clerk, the original of which shall be verified. The application shall set forth the following information:

(a) A full identification, and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying. If the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact, with the full identification of such person and his business and residence address, shall be given;

(b) The facts constituting the necessity of the use;

(c) The amount of materials expected to be hauled in tons;

(d) The dates on which the use is intended to be commenced and completed, and the times of day during which use is intended to be conducted;

(e) The particular streets or highways over which a permit to operate is requested;

(f) The time interval between vehicles, and the number of vehicles per hour, which will travel over the route for which the permit is applied;

(g) The locations of the place or places of delivery of the materials; provided, that if delivery is to be made in small quantities to numerous places, a general description, satisfactory to the city manager, of the locations of the contemplated deliveries will be sufficient;

(h) A specific description of the vehicle or vehicles and load to be operated or moved;

(i) Whether such permit is requested for a single trip or for continuous operation;

(j) Such further information as the city manager may require.

(Ord. 250 § 1 (part), 1969)

Immediately upon the filing of an application for a permit pursuant to this chapter, the city manager shall make or cause to be made an investigation of the facts stated in the application.

(Ord. 250 § 1 (part), 1969)

At the time of filing an application for a permit pursuant to this chapter, the applicant shall pay to the city, at the office of the city treasurer, a filing fee established by resolution of the city council to cover the cost of the city's investigation of such application.

(Ord. 781 § 1 (part), 2006; Ord. 250 § 1 (part), 1969)

If the city manager, after considering the application and the results of the investigation required by Section 11.10.030, finds that the vehicle or vehicles described in the application may be operated upon the restricted streets set forth in the application without undue damage to the roadway, foundations, surfaces and structures of such restricted street or streets and that such proposed use is not inconsistent with the public health, safety, welfare and convenience, or that there is no reasonable alternative route available to the applicant, he may, if good cause appears therefor, issue a permit upon the terms and conditions that he believes are necessary to assure against such damage and to protect the public health, safety, welfare and convenience authorizing the applicant to operate a nonexempt vehicle or vehicles over and upon restricted streets within the city for a period not to exceed six months. The city manager shall render his decision in writing on the application within ten days of the filing thereof.

(Ord. 250 § 1 (part), 1969)

Any permittee authorized by permit issued pursuant to this chapter to operate a nonexempt vehicle over three tons gross weight over or upon a restricted street within the city shall pay to the city, as a liquidated sum, in payment for and in full satisfaction of all damages and injury to such restricted street which will be caused by such vehicle operating on said street, a sum to be established by resolution of city council. Payment of such sum is necessary to protect such restricted streets from the actual damage and injury which will result from the operation of such vehicles and by reason of the difficulty in computing such damages. The city manager is authorized to accept such sums in full satisfaction for all damages and injury to such restricted streets to be caused by such vehicles and is authorized to enter into an agreement, stipulating to the acceptance of such sums as full satisfaction for all damages and injury to occur from the use of such restricted streets by the vehicles. Payment of such fees shall be made in monthly installments and shall be paid to the city treasurer on or before the tenth day of the month succeeding the use of the restricted street or streets with the deposit required by this chapter to be applied on the payment due for the last calendar month of operation or part thereof.

(Ord. 250 § 1 (part), 1969)

The city manager shall require, as a condition to the issuance of any permit pursuant to this chapter, that the applicant, prior to the issuance of the permit, deposit with the city treasurer as security for the payment of fees specified in Section 11.10.060, a sum of money to be fixed by the city manager. Such deposit shall be based upon the estimated fees which will become due during the first month of permittee's use of restricted streets pursuant to the permit. Upon completion or termination of the use permitted by the permit, the deposit shall be applied to the sum due from the permittee for the previous month's operation or use and any excess shall be returned to the permittee by the city treasurer. In the event the amount of the deposit is less than the amount due from the permittee for the last month of his operation or use of restricted streets as computed pursuant to Section 11.10.060, the permittee shall pay such deficiency on or before the tenth day of the first month after the permittee ceases to use the restricted streets as authorized by the permit. The amount of the deposit under this section shall be returned to the applicant if, prior to the commencement of any use pursuant to such application, the applicant notifies the city manager in writing of his intention not to engage in the permitted use and demands the return of such deposit. In such event, the city manager shall cause the deposit to be returned to applicant and the permit shall thereupon become null and void.

(Ord. 250 § 1 (part), 1969)

The city manager may, if he deems it desirable and necessary to protect the interest of the city and its citizens, require in addition to the deposit set forth in Section 11.10.070, as a condition of the issuance of any permit pursuant to this chapter, a cash bond or in lieu thereof, a corporate surety bond, in an amount to be fixed by the city manager, in a form to be approved by the city attorney, inuring to the benefit of the city and guaranteeing that the applicant will faithfully perform all of the conditions and requirements specified in the permit.

(Ord. 250 § 1 (part), 1969)

A copy of every permit issued pursuant to this chapter shall be carried in the vehicle or combination of vehicles to which it refers and the copy of the permit shall be open to inspection by any peace officer or any other officer or governmental employee charged with the care or protection of such streets.

(Ord. 250 § 1 (part), 1969)

(a) In the event the city manager denies an application for permit made pursuant to the provisions of this chapter or imposes conditions or terms which the applicant feels are inappropriate or unwarranted, the applicant may, within five days after the date the city manager notifies the applicant in writing of his decision on the application, file with the city clerk a written notice of appeal to the city council from such decision. Before accepting for filing any such notice of appeal, the clerk shall charge and collect a fee established by resolution of the city council. Upon receipt of the notice of appeal and the payment of the fee, the city clerk shall set a hearing on such appeal before the city council for the next succeeding regular meeting after the date of filing of such notice.

(b) At the time set for hearing, the city council may summon witnesses and hear evidence relating to the application. The council may, if it deems it necessary, continue the hearing from time to time. At the conclusion thereof, the council shall make its findings thereon and may grant or deny the application, or make such modifications with reference thereto, as it may deem appropriate. The findings and order of the city council shall be final and conclusive on the application.

(Ord. 781 § 1 (part), 2006; Ord. 250 § 1 (part), 1969)

(a) The council may revoke any permit issued by the city manager or the council under the provisions of this chapter upon any ground upon which such permit could or should have been denied in the first instance or whenever the council is satisfied that the conduct of the permittee's use of such restricted streets does or will in any manner endanger, threaten or jeopardize the public health, safety, peace or welfare or that such permit was obtained upon false or misleading statements or representations of or on behalf of the applicant.

(b) The council may revoke or suspend any permit issued by it or the city manager under the provisions of this chapter where the permittee or his employees violate or permit any infraction of any law of the state, or any provisions of this code, or any condition of the permit in connection with permittee's use of such restricted streets under the terms of the permit.

(c) For any of the reasons specified in the preceding subsections, the council may suspend or revoke any permit under the provisions of this chapter after a public hearing afforded the permittee upon at least five days' written notice mailed to the permittee at the address shown in his application for such permit.

(d) For any reasons specified in the preceding subsections, the city manager may by written order temporarily suspend any permit issued under the provisions of this chapter by mailing a copy of the written order to the permittee at the address shown on his application for such permit or by personally serving a copy upon the permittee. Such suspension shall remain in full force and effect until the next regular meeting of the council, at which time the council shall consider the matter of the temporary suspension and may thereupon rescind, modify or continue the suspension or may revoke the permit or affix new or different terms to the continuation of the permit.

(Ord. 250 § 1 (part), 1969)