10.20 — COMBINATION VEHICLES

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided that, if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage:

"Caltrans" means the State of California Department of Transportation or its successor agency.

"Combination vehicles" means as defined in Vehicle Code Sections 35400 and 35401.

"Terminal" means as defined in Vehicle Code Section 35401.5(d).

"Trailblazer signs" means directional signs provided at every intersection on the terminal route designated in accordance with this chapter.

(Prior code § 10-12.1; amended during 1999 codification; Ord. 21-1722 § 2)

Combination vehicles are prohibited from operating upon streets and highways within the City except as follows:

• A. Combination vehicles may operate over routes identified and signed by the City Engineer as connections between the Federally designated highway system and terminals designated pursuant to this chapter.

• B. Combination vehicles may operate on streets and highways within one-half road mile of points of ingress and egress identified and signed by Caltrans on the Federally designated highway system, to obtain access to fuel, food, lodging and/or repair when such access is consistent with the safe operation of such vehicles.

• C. Combination vehicles licensed to carry household goods may operate on streets and highways when directly en route to or from a point of loading or unloading, if travel on such streets and highways is necessary and incidental to the shipment of the household goods.

(Prior code § 10-12.2; amended during 1999 codification; Ord. 21-1722 § 2)

• A. Any interested person requiring terminal access for combination vehicles from the Federally designated highway system shall submit an application, on a form provided by the City, together with such information as may be required by the City Engineer.

• B. Upon receipt of the application, the City Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for a terminal. Upon approval of that designation, the City Engineer will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a Federally designated highway system will be approved without the approval of Caltrans.

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City of Norwalk, CA

NORWALK CODE

§ 10.20.030

§ 10.20.060

• C. Should the requested route pass through the City to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the City will be the responsibility of the jurisdiction which controls the terminal's land use.

(Prior code § 10-12.3; amended during 1999 codification; Ord. 21-1722 § 2)

• A. If all feasible routes to a requested terminal are found unsatisfactory by the City Engineer, the applicant may request that improvements be constructed which will correct the deficiencies of the route. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the City or by a contractor acceptable to it.

• B. When the work is to be done by the City, the applicant shall deposit with the City the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work and any difference between the actual and the estimated cost shall be billed or refunded to the applicant as the case may be. When the work is done by the applicant, the applicant may file with the City Engineer, on a form satisfactory to the City Engineer, a statement detailing the actual costs of the retrofitting.

• C. If at any time within five years front the date of completion of the retrofitting by the applicant, an applicant seeks terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include their proportionate share of the retrofitting, as determined by the City Engineer, which fee shall be reimbursed by the City to the applicant who paid for the retrofitting, as well as to any applicant who contributed to the cost of retrofitting under this section. Nothing in this section shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the City Engineer required by subsection B of this section.

• (Prior code § 10-12.5; Ord. 21-1722 § 2)

The City Engineer may revoke any approved terminal or route if the terminal or route becomes a safety hazard for vehicular traffic. A safety hazard includes the inability of combination vehicles to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(Prior code § 10-12.6; Ord. 21-1722 § 2)

Any determination made by the City Engineer pursuant to this chapter may be appealed by any aggrieved person within 10 days following the date of decision of the City Engineer to the City Council in writing. 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 where there was an error or abuse of discretion by the City Engineer or where the decision is not supported by the evidence in the record. The City Clerk shall schedule the matter for hearing by the City Council within 30 days and make copies of all relevant materials available to all parties with notice of the date and time of hearing. The City Council shall uphold, revoke or modify the determination of the City Engineer and provide written notice of its decision to affected parties within 15 days after

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City of Norwalk, CA

VEHICLES AND TRAFFIC

§ 10.20.060

§ 10.20.070

conclusion of the hearing. (Prior code § 10-12.7; Ord. 21-1722 § 2)

• A. Whenever any street or portion is designated by the City Council for use by commercial vehicles exceeding a gross weight (vehicle and load) of 10,000 pounds, the City Engineer shall mark such street with signs reading as follows: "Truck Route." The City Clerk shall maintain a list of such designated streets or portions and such vehicles shall not be permitted to use the routes or any other prohibited streets between the hours of 10:00 p.m. and 7:00 a.m. with the exception of Shoemaker Avenue between Excelsior Drive and Alondra Boulevard.

• B. The operator of any commercial vehicle exceeding a gross weight (vehicle and load) of 10,000 pounds shall drive only upon such designated truck routes, except when the use of another street is necessary to make pick-ups or deliveries of goods, wares or merchandise from or to any building or structure located on such restricted streets or to deliver materials to be used in the actual and bona fide repair, alteration, remodeling or other construction of any building or structure upon such restricted street, for which construction a City permit has been obtained.

• C. No person shall park any commercial vehicle exceeding 10,000 pounds in gross weight (vehicle and load) or 96 inches in total exterior width (vehicle and load or combination) on any street other than a truck route designated pursuant to this chapter or upon any lot containing any residential premises, except when necessary for any of the pick-up and delivery activities set forth in subsection B of this section or under a permit granted by the City Engineer.

• D. This section does not apply to the following:

  1. Passenger buses under the jurisdiction of the Public Utilities Commission.

  2. Any vehicle owned by a public utility or a licensed contractor which necessarily is in use in the construction, installation, or repair of any public utility.

  3. School buses while carrying students to and from school.

  4. Pickup Trucks. For the purposes of this section, a "pickup truck" means a fourwheeled commercial motor vehicle commonly known as a "pickup truck," equipped with a permanently affixed open-box body and with a manufacturer's rated load capacity not exceeding one ton in weight.

  5. Any vehicle owned, leased, operated, or controlled by any licensed contractor while necessarily in use in the construction, maintenance, or repair of a public works project, or by any highway carrier regulated by the Public Utilities Commission while transporting any materials to or from a public works project, when the bids for such project were opened prior to the adoption of the ordinance establishing this section, unless an alternate direct route is provided substantially within and by the City.

  6. Tow trucks or moving vans providing a service on a street.

  7. Transfer, operator, and contractor trucks, including trucks hauling disposables and recyclables, leaving and returning from a solid waste disposal site.

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City of Norwalk, CA § 10.20.070

NORWALK CODE

§ 10.20.110

8. Street sweepers.

9. Emergency vehicles.

10. Recreational vehicles (as defined by California Health and Safety Code Section 18009.3).

11. Any vehicle which is subject to Sections 1021 to 1036 of the California Public Utilities Code.

12. Any State highway unless approved by the California Transportation Commission if required by California Vehicle Code Section 35701; or Caltrans if required by California Vehicle Code Section 35702.

13. Any portion of any street that is: (a) not within the City's boundaries; or (b) which is not under the exclusive jurisdiction of the City per California Vehicle Code Section 35701.

14. Any vehicle operated under a permit granted by the City Engineer. (Prior code § 10-1.11; Ord. 21-1722 § 2; Ord. 23-1740U § 3)

The City Engineer may issue permits to vehicles subject to provisions of Section 10.20.070(C) to park such vehicles in locations off "truck traffic routes" as specified in the permit, if the City Engineer determines that the issuance of such a permit will not result in damage to any City street and will not permit the violation of any City ordinance or State law. The permit shall be issued for a specified vehicle and for a specified parking area, and shall be visibly displayed on the vehicle at all times.

(Ord. 23-1740U § 3)

The City may enforce this chapter in any manner permitted by law. A violation of this chapter shall be and is hereby declared to be a misdemeanor punishable by a fine not to exceed $1,000, a public nuisance, and contrary to the public interest, and shall, at the discretion of the City and without limitation on any other relief, create a cause of action for injunctive relief. Each day a violation occurs shall constitute a separate offense.

(Ord. 23-1740U § 3)

Any peace officer is authorized to require any person driving or in control of any vehicle which may be subject to this chapter and that is being operated on a street within the City other than on a truck traffic route, as designated under Section 10.20.070 of this chapter, to proceed to any public or private scale available to weigh the vehicle for the purpose of determining whether a violation of this chapter has occurred.

(Ord. 23-1740U § 3)

• A. In addition to any fine imposed under Section 10.20.090 of this chapter, any person who

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City of Norwalk, CA

VEHICLES AND TRAFFIC

§ 10.20.110

§ 10.20.130

violates this chapter shall be liable and responsible for a civil penalty of $1,000 for each day such violation occurs. The City may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the City, including, without limitation, the City's staff time, investigation expenses, and attorney's fees.

• B. In addition to any fine imposed under Section 10.20.090 of this chapter, and any civil penalty imposed under subsection A of this section, any person operating a vehicle in violation of this chapter shall be liable, and shall indemnify and hold the City harmless, for any damage or liability to public facilities arising out of or related to any such violation. Such liability shall be in addition to all other costs incurred by the City, including, without limitation, the City's staff time, investigation expenses, and attorney's fees. The City may recover such liability, costs, and fees by either civil action or administrative citation.

• C. Where the City proceeds by administrative citation in collecting either the civil penalty imposed by subsection A or the liability for damage caused under subsection B, the responsible person must remit payment of the noticed costs, expenses, and/or fees to the City of Norwalk within 45 days of the issuance of the citation. The City shall provide the responsible person notice of the right to request an administrative hearing to challenge the cost recovery, and the time for requesting that hearing. The payment of any such costs shall be stayed upon a timely request for an administrative hearing made pursuant to Chapter 1.13, and if such a request is made, shall remain stayed during the pendency of the administrative hearing process.

• (Ord. 23-1740U § 3)

Any person dissatisfied with the City's issuance of an administrative citation under Section 10.20.110 may request an administrative hearing to challenge the citation in accordance with Chapter 1.13.

(Ord. 23-1740U § 3)

The remedies provided under this chapter are cumulative and shall not restrict the City to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to conflict with any penalty or provision under State law, or prohibit any conduct authorized by the State or Federal constitutions. If any section, subsection, sentence, clause, phrase, or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 23-1740U § 3)

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City of Norwalk, CA

VEHICLES AND TRAFFIC

§ 10.20.130

CHAPTER 10.24 SPEED LIMITS

Editor's Note; prior to adoption of this Code, speed limits were enacted by ordinance and codified in prior code Chapter 10-10. In the future, speed limits will be adopted and amended by resolution of the City Council.

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City of Norwalk, CA