Chapter 10.88 — OFF-ROAD VEHICLES

No person shall drive a motor vehicle on lands belonging to or occupied by another without having in his immediate possession and, upon request of a peace officer, displaying written permission from the owner of much lands, his agent, or the person in lawful possession thereof; but this section shall not apply to a person having lawful business with the owner. (Ord. 289 § 1, 1982)

This chapter shall not apply on public or private lands expressly set apart for the use of motor vehicles by or with permission of the owner of such lands pursuant to any zoning permit or other permit or licensing procedure authorized by law. This chapter shall not apply upon any public highway, street, road or alley within the limits of any city. (Ord. 289 § 1, 1982)

This chapter shall not apply to the use of farm vehicles for agricultural purposes, vehicles being used for grading or construction purposes, vehicles being used for governmental purposes, or golf carts being used on golf courses.

(Ord. 289 § 1, 1982)

Nothing in this chapter shall be deemed to interfere with the right of any government agency to regulate, prohibit or permit the use of motor vehicles on property owned by it or under its control and under its jurisdiction, nor to permit or authorize any trespass or nuisance. (Ord. 209 § 1, 1982)

A violation of this chapter is a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

(Ord. 289 § 1, 1982)

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.92.010

§ 10.92.040

CHAPTER 10.92 INTERSTATE TRUCKS

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.

"Interstate Truck" means a truck-tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the Vehicle Code.

"Terminal" means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured.

"Transportation engineer" means the transportation engineer of the city of Palm Desert or his authorized representative.

(Ord. 403 § 1, 1984)

The purpose of this chapter is to establish procedures for terminal designation and truck route designated to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. (Ord. 403 § 1, 1984)

• A. Any interested person requiring terminal access for interstate trucks from the federally designated high-way system shall submit an application, on a form as provided by the city, together with such information as may be required by the transportation engineer and appropriate fees to the city of Palm Desert.

• B. Upon receipt of the application, the transportation engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon his approval of that designation, he 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.

• C. Should the requested route pass through the city of Palm Desert to a terminal located in another jurisdiction, the applicant shall comply with that jurisdictions' application process. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in Section 10.92.040.

• (Ord. 403 § 1, 1984)

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City of Palm Desert, CA § 10.92.040

PALM DESERT CODE

§ 10.92.060

• A. The applicant shall pay a nonrefundable application fee, as established by the city by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

• B. Upon the approval of the terminal designation and route by the city and by Caltrans the applicant shall deposit with the city of Palm Desert sufficient funds as estimated by the transportation engineer to pay for the purpose and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city on route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place. Costs for trailblazer signs may be proportioned in accordance with the procedures in Section 10.92.040.

• (Ord. 403 § 1, 1984)

• A. If all feasible routes to a requested terminal are found unsatisfactory by the transportation engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility by 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 of Palm Desert 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 transportation engineer, on a form satisfactory to the transportation engineer, a statement detailing the actual costs of the retrofitting.

• C. If at any time within five years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicants' fee may include that applicant's proportionate share of the retrofitting, as determined by the transportation engineer, which fee shall be disbursed by the city of Palm Desert to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the transportation engineer required by subsection B above.

• (Ord. 403 § 1, 1984)

The transportation engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or if such vehicles cause unsafe driving conditions for other vehicular traffic or pedestrians.

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.92.060

§ 10.92.080

(Ord. 403 § 1, 1984)

• A. If the transportation engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten days following the date of receipt of the decision of the transportation engineer may appeal the decision to the city council in writing. An appeal shall be made on a form prescribed by the department of public works and shall be filed with the city clerk.

The appeal shall state specifically wherein there was an error or abuse of discretion by the transportation engineer or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the transportation engineer shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the transportation engineer, the finding of the transportation engineer, and his decision on the application.

• B. The city clerk shall make copies of the data provided by the transportation engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the city council.

• C. If Caltrans and not the transportation engineer denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but must be made to Caltrans as may be permitted by Caltrans.

• (Ord. 403 § 1, 1984)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 403 § 1, 1984)

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City of Palm Desert, CA

VEHICLES AND TRAFFIC

§ 10.96.010

§ 10.96.020