Firebaugh Municipal Code § 7-6 Truck Routes

[Ord. #315, S2; Ord. #06-02, S14]

No commercial truck shall use, pass over or park upon any street in the city other than a designated truck route.

[Ord. #315, S3; Ord. #97-6, S1; Ord. #06-02, S15]

The provisions of subsection 7-6.1 shall not apply to any bus or other vehicle described in Public Utilities Code §§ 1031 to 1036 inclusive. In addition, the provisions of subsection 7-6.1 shall not apply to use of a restricted street by (a) any commercial truck or other commercial vehicle owned by a public utility or licensed contractor while necessarily in use in the construction, installation or repair of any public utility, or (b) any commercial truck or other commercial vehicle when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise, or construction or remodeling of any building or structure upon the restricted street for which a building permit has been obtained and is in effect, or for any other purpose; provided that, in any of the above cases, with respect to streets under the city's jurisdiction, such use is in accordance with a permit issued and in effect pursuant to subsection 7-6.4.1.

[Ord. #89, S1; Ord. #96, S1; Ord. #315, S4; Ord. 06-02, S16]

"J", "M" and "N" Streets, 13th Street between "M" Street and the city limits on the east and 12th Street between "O" Street and the city limits on the west, all streets west of "M" Street, Nees Avenue and Clyde Fannon Road, shall be truck routes.

[Ord. #315, S5]

The public works department shall erect and maintain appropriate signs to indicate which streets are restricted and which are truck routes.

[Ord. #97-6, S2]

The director of public works of the city may, in his discretion, upon application and if good cause exists, issue a permit authorizing the applicant, the applicant's independent contractors and/or the applicant's employees to operate or move a commercial truck or other commercial vehicle on a restricted street under the city's jurisdiction for a temporary period.

a. An application for a permit shall be submitted in writing on a standard form prescribed by the State Department of Transportation, which shall be available from the director of public works. The applicant shall include all information required on such form and such additional information as may be required by the director of public works, including without limitation (1) the address or other description of the property to and from which the vehicles will be traveling, (2) the name and address of the applicant, (3) certification or other evidence that the applicant is the owner of the property or is the authorized agent of the owner, (4) a description of the development or other activity for which such temporary use is needed, and copies of any building permits, grading permits or other permits which may be required by law in connection with such development or activity, evidencing that such permits are and will be in effect at all times during the period of operation and use, (5) specific description of the vehicle(s) to be operated or moved, (6) the particular street(s) over which permit to operate is requested, and (7) the period of operation and use requested. The applicant also shall provide any additional information reasonably requested by the director of public works in connection with the application. At the time the application is submitted, the applicant shall submit a processing fee, in an amount determined by resolution of the council, sufficient to reimburse the city's costs for processing and reviewing the application.

b. The director of public works may issue or withhold the permit at his discretion. If the permit is issued, it shall be issued only to and in the name(s) of the owner or owners of the property described in the application, and the public works director shall impose such conditions on the permit as he deems necessary to protect the road, foundation surfaces or structures, and other public or private property in or adjacent to the restricted street(s), or to otherwise protect the public health, safety and welfare. Such conditions shall include, but are not limited to, the following:

1. The number of vehicle trips or loads (whichever is greater) shall be limited to an aggregate total of 20 per day;

2. Permitted commercial trucks or vehicles shall be operated on the restricted street(s) only between the hours of 8:00 a.m. and 12:00 noon, and 1:00 p.m. and 5:00 p.m., Monday through Friday, and shall not be operated on the restricted street(s) at all on Saturday or Sunday;

3. Permitted commercial trucks or vehicles shall not be operated on the restricted street(s) at a speed greater than five miles per hour;

4. The permit shall be effective for a period no longer than the director determines is reasonably necessary to complete the development or activity specified in the application;

5. On each day of vehicle operation, the restricted street(s) and adjacent private ways or properties over which the permitted commercial trucks or vehicles operate shall be watered twice prior to 12:00 noon and three times after 1:00 p.m.;

6. Loads shall be covered or secured to the director's satisfaction and in accordance with any applicable laws or regulations.

c. As a condition of issuing the permit, the permittee shall agree in writing to indemnify, hold harmless and defend the city and its officers and employees, to the full extent permitted by law, from any loss, liability, costs or damage (whether in contract or tort, including without limitation personal injury, death or damage to public or private property) arising out of operation of vehicles or exercise of any other privileges under the permit by applicant or any of its officers, employees, independent contractors or representatives. As a further condition of issuing the permit, each permittee shall submit to the director of public works evidence of the permittee's financial responsibility, in the amount required to comply with Section 16005.5 of the State Vehicle Code, that complies with Section 16020 of the State Vehicle Code. In addition, if the director of public works deems that the vehicles to be operated under the permit are unusually large or will transport unusually heavy loads such that they pose a substantial risk to public facilities, he may require as a condition of the permit that the permittee submit a bond, instrument of credit, cash deposit or other form of financial security acceptable to the city attorney, in an amount determined by the public works director, to secure against any loss, costs or damage to city streets or other public facilities arising out of operation of such vehicles pursuant to the permit.

d. In addition to and without limitation on subsection 7-6.5, the director of public works may immediately suspend a permit for good cause, including without limitation (1) failure of the permittee or any employee, independent contractor or agent of the permittee to comply with any term or condition of the permit, (2) where the director determines that there is substantial risk of damage to city streets or other public or private property or facilities due to continued operation of the permitted commercial trucks or vehicles on the restricted streets, or (3) where such vehicles are being operated in a manner detrimental to the public health, safety and welfare or so as to be a nuisance. The director shall promptly give the permittee written notice of such suspension, by certified mail (return receipt requested) or personal delivery at the most recent address of the permittee on file with the city. The notice shall state the grounds for the suspension and advise the permittee of the right to appeal to the city council as provided in this paragraph d. The suspension shall result in automatic revocation of the permit 15 days after permittee's receipt of the notice unless, within 10 days after receipt of such notice, the applicant appeals the suspension and revocation to the city council. The appeal shall be in writing, filed with the city clerk, and state in reasonable detail the reasons the permittee claims the permit should not be suspended or revoked. If a proper appeal is filed, the city council shall hold a hearing thereon at its next available regular meeting. The decision of the city council shall be final. Suspension of the permit shall remain in effect pending the decision by the city council.

[Ord. #315, S6; Ord. #97-6, S3]

a. Subject to paragraphs b and c of this subsection, whoever drives a commercial truck or vehicle as hereinbefore defined in violation of the provisions of this section 7-6, including in violation of any permit issued under subsection 7-6.4.1, shall be guilty of a misdemeanor and, upon conviction, shall be liable for the penalty established in Chapter 1, section 1-5 of this code.

b. If a violation of a permit issued under subsection 7-6.4.1 consists of a commercial truck or vehicle not being on the route described in the permit and the violation is directly caused by an employee under the supervision of, or by an independent contractor working for, the permittee under the permit, the employee or independent contractor causing the violation is guilty of a misdemeanor under this subsection 7-6.5; provided that this paragraph b shall apply only if the employee or independent contractor has been provided written direction on the route to travel and has not been directed to take a different route by a peace officer. The guilt of an employee or independent contractor under this paragraph b shall not extend to the permittee unless the permittee is separately responsible for an action causing the violation. However, nothing in this paragraph b shall limit the authority to suspend or revoke the permit as provided in paragraph d of subsection 7-6.4.1.

c. If a violation involves vehicle weight in excess of the weight authorized by a permit issued under subsection 7-6.4.1, then, upon conviction and in addition to the penalty established in Chapter 1, Section 1-5 of this code, an additional fine shall be levied as specified in Section 42030 of the State Vehicle Code in the amount of weight in excess of the amount authorized by the permit.

[Ord. #89, S1; Ord. #105, S1]

It shall be unlawful to park trucks upon any streets, highways, or alleys within the city where no truck signs are erected and particularly on the following streets:

Starting from the corner of 10th Street on "O" Street and all the way to the corner of 13th Street.

On 12th Street from "N" Street to "P" Street and on 11th Street from "N" Street to "P" Street.

Starting from the corner of 9th Street on "O" Street and all the way to the corner of 10th Street on "O" Street.