Petaluma Municipal Code Ch. 11.52 Commercial Vehicles and Truck Routes

For the purpose of this chapter, certain terms are deRned as follows:

A. "California legal truck" means a truck tractor-semitrailer (or double) which meets the height, width and length

provisions of CVC Sections 35250 and 35100 through 35111, and which can travel on virtually any route in

California, as described in the California Department of Transportation truck size and routes classiRcations.

B. "Central traTc district" is that portion of the city as described in Section 11.04.030.

C. "City" means the most current corporate limits of the city of Petaluma.

D. "CVC" means California Vehicle Code.

E. "Destination" or "destinations" means an address for either a single delivery or multiple deliveries of goods or

services to an address within or outside the city.

F. "Double" means a truck tractor that tows a semitrailer and trailer.

G. "Jake Brake™" is a trademarked term for a type of retarder known as an engine compression brake, which is

designed to aid in the braking or deceleration of any vehicle.

H. "National network (NN)" means primarily the interstates, also called the National System of Interstate and

Defense Highways.

I. "Person" means a "person" as deRned in Section 1.04.010(M) of this code.

J. "Retarder" is a device which assists service brakes in the braking or deceleration of any vehicle and includes

engine compression brakes, exhaust brakes and driveline retarders.

K. "STAA" means the Federal Surface Transportation Assistance Act of 1982.

L. "STAA network" means the routes that allow STAA trucks, which include the national network (NN), terminal

access (TA) routes and service access routes.

M. "STAA truck" means a truck tractor-semitrailer (or double) that conforms to the requirements of the STAA.

N. "State terminal access (TA) routes" means state approved routes that can accommodate STAA trucks.

O. "Local terminal access (TA) routes" means local (city of Petaluma) approved routes that can accommodate

STAA trucks.

P. "Service access routes" means roads that allow STAA truck access for fuel, food, lodging, and repair within

one road mile of a signed exit from the national network.

Q. "Transportation permit" is a single use or annual vehicle permit for vehicle loads or the movement of

manufactured homes which exceed the weight or size limits contained in CVC Sections 35000 through 35796.

R. "Transportation vehicle" means any vehicle or combination of vehicles or special mobile equipment or

manufactured home that exceeds the size or weight speciRed in Sections 35000 through 35796 of the CVC.

S. "Truck" means any vehicle exceeding a gross vehicle weight of Rve tons.

T. "Truck route" means any street as designated in this chapter upon which the unrestricted use of trucks is

permitted.

(Ord. 2431 NCS § 1, 2012.)

district.

A. No person shall operate any of the following vehicles in or through the central traTc district between the

hours of ten a.m. and six p.m. of any day.

1. Any commercial vehicle exceeding a gross vehicle weight of Rve tons;

2. Any freight vehicle more than eight and one-half feet in width, with load, or any freight vehicle so loaded

that any part of its load extends more than three feet to the front or more than ten feet to the rear of said

vehicle;

3. Any vehicle conveying solid waste, refuse, rubbish, garbage or dirt, construction and demolition debris

and/or commercial recyclables, except vehicles operated by a duly authorized franchise holder for the

collection of such items in the city.

B. Any vehicle and/or load wider than eight and one-half feet must be operated in conjunction with and

preceded by at least one pilot car and must obtain approval by the public works director or his/her designee prior

to operating within the central traTc district.

C. This section is subject to the exception for pickups and deliveries established in Section 11.52.100(A).

(Ord. 2431 NCS § 1, 2012.)

No person shall operate within the city a motor vehicle equipped with and using a sound amplifying device,

loudspeaker and/or public address system which is audible for more than Rfty feet from the centerline of the

vehicle except in conformance with the noise regulations established in the City of Petaluma Implementing Zoning

Ordinance, Section 21.040.A, or successor ordinance or resolution. (Ord. 2431 NCS § 1, 2012.)

Pursuant to the general authority of the city to regulate use of its streets pursuant to CVC Section 21001(c), it shall

be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the city any

retarder that results in excessive, loud and raucous, unusual, or explosive noise from such vehicle, except in an

emergency. (Ord. 2431 NCS § 1, 2012.)

Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of

which is permitted by any vehicle exceeding a maximum gross weight limit of Rve tons, the city traTc engineer is

authorized to designate such street or streets by appropriate signs as "Truck Routes" for the movement of vehicles

exceeding a maximum gross weight limit of Rve tons. Established "Truck Routes" will be identiRed separately from

"State and Local Terminal Access Routes." "Terminal Access Routes" will be considered "Truck Routes" but "Truck

Routes" are not "Terminal Access Routes" for purposes of over-length vehicles. "Truck Routes," "State Terminal

Access Routes," and "Local Terminal Access Routes" will be identiRed on the approved city truck route map. (Ord.

2431 NCS § 1, 2012.)

When any such truck route or routes are established and designated by appropriate signs, the operator of any

vehicle exceeding a maximum gross weight limit of Rve tons shall drive on such route or routes and none other,

except as otherwise provided herein. (Ord. 2431 NCS § 1, 2012.)

Those streets and parts of streets established by resolution of the city council for the movement of vehicles

exceeding a maximum gross weight of Rve tons are declared to be truck routes. (Ord. 2431 NCS § 1, 2012.)

Any police oTcer is authorized to require any person driving or in control of any truck being operated on a street

within the city other than on a truck route to proceed to any public or private scale available for the purpose of

weighing the vehicle to determine whether this chapter has been violated. (Ord. 2431 NCS § 1, 2012.)

A. The provisions of this chapter shall not prohibit the operation of any truck coming from an unrestricted street

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 Rde repair, alteration,

remodeling, or construction of any building or structure upon the restricted street for which a building permit has

been obtained and is in eUect.

B. The provisions of this chapter shall not apply to:

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

2. School buses as deRned in CVC Section 545 and/or California Education Code Section 39830 or successor

statutes.

3. Any vehicle owned or operated by the city.

4. Any vehicle conveying solid waste, refuse, rubbish, garbage or dirt, construction and demolition debris

and/or commercial recyclables operated by a duly authorized franchisee for the collection of such items in

the city.

5. Any vehicle owned by a public utility or licensed contractor while necessarily in use in the construction,

installation or repair of any public utility.

(Ord. 2431 NCS § 1, 2012.)

The city, as authorized by CVC Sections 21101, 35780 and 35790 and subject to the limitations, restrictions, and

conditions imposed by those sections, will, in its sole discretion and if good cause appears, issue a permit

authorizing the permittee to:

A. Operate a vehicle or combination of vehicles or special mobile equipment that exceeds the maximum legal

weight and/or size speciRed in CVC Sections 35000 through 35796.

B. Move any manufactured home in excess of the maximum width, length, and height speciRed in CVC Sections

35790 through 35790.6.

(Ord. 2431 NCS § 1, 2012.)

transportation permit unlawful.

It is unlawful to operate or move in the city a vehicle or special mobile equipment that exceeds the maximum legal

weight and/or size speciRed in CVC Sections 35000 through 35796, or any manufactured home that exceeds the

maximum width, length, and height speciRed in CVC Sections 35790 through 35790.6 without a transportation

permit. (Ord. 2431 NCS § 1, 2012.)

A. Transportation permits described in Section 11.52.110 shall be obtained by applying to the director of public

works or his/her designee ("director"). The application and permitting process shall be consistent with the

requirements of CVC Sections 35780 through 35796 and successor statutes and the application requirements of

the California Department of Transportation as modiRed in this chapter.

B. Applications for transportation permits shall be submitted at least two business days in advance of the time

for which the permit is needed. In some circumstances the director may determine that up to an additional Rve

business days are needed to review or process the application. In such event, the director shall notify the applicant

of the additional time needed within two business days of receipt of the application. The director in his or her sole

discretion may also grant exceptions to the forty-eight hour requirement when, in the judgment of the director,

circumstances permit and/or require that the application be reviewed and processed in less than forty-eight

hours.

C. When necessary to protect against injury to the road, foundations, surfaces or structures, pursuant to CVC

Section 35782(b), the director may require extra insurance or other Rnancial security as a condition for a permit

for unusually large or heavy loads that pose a substantial risk to public facilities.

(Ord. 2431 NCS § 1, 2012.)

A. The director of public works shall collect from the applicant at the time of application a transportation permit

fee to recover up to the full cost of processing the application. Transportation permit fees shall be established by

resolution of the city council, and may be amended from time to time, in compliance with CVC Section 35795 or

successor statute, and may include one-time and periodic fees.

B. Special services necessitated by unusually large or heavy loads as described in and calculated pursuant to

CVC Section 35795(b) or successor statutes shall be billed separately for each permit.

(Ord. 2431 NCS § 1, 2012.)

Approved transportation permits shall include and be subject to the following conditions:

A. The transportation permit must be carried on the vehicle for which it was issued. The permit must be

displayed upon demand to any peace oTcer, traTc oTcer, or other employee of the city charged with the

enforcement of this chapter.

B. Permitted vehicles are prohibited from using city streets or alleys between the hours of seven a.m. to nine

a.m., noon to one p.m., and four p.m. to six p.m., Monday through Friday.

C. Permitted vehicles are restricted to the truck routes speciRed in Section 11.52.070, subject to the exceptions

contained in Section 11.52.100.

D. Any other conditions required by this code, the CVC, or other applicable law.

E. Permits shall provide for full indemniRcation of the city by the permittee, substantially similar to the following:

Liabilities. The permittee is responsible for all liability for injury to, or death of any person, or damage to

public or private property which may occur through any act or omission of either the permittee or the

City of Petaluma arising from the issuance of this permit. In the event any claim, suit or action is brought

against the City of Petaluma, its oTcers, employees or agents thereof, by reason of, or in connection with

any such act or omission, permittee shall defend, indemnify, and hold harmless the city, its oTcers,

employees or agents from such claim, suit or action.

F. Any conditions deemed necessary by the director of public works to protect the public health, safety and

welfare including, but not limited to:

1. Limiting the number of trips the permitted vehicle may make.

2. Establishing seasonal or other time limitations within which the vehicle or vehicles described may be

operated.

3. Requiring proof of Rnancial responsibility in excess of the amount required for compliance with CVC

Section 16500.5 as a condition for granting a permit for unusually large or heavy loads which may pose a

substantial risk to public facilities.

4. Special services as described in and calculated pursuant to CVC Section 35795(b) or successor statutes.

(Ord. 2431 NCS § 1, 2012.)

A. An applicant who has been denied a transportation permit or who wishes to appeal a condition imposed by

the director of public works in accordance with Section 11.52.150 may appeal such denial or condition in

accordance with this section.

B. Within Rve business days of the date of denial or issuance of the permit, the applicant shall Rle the appeal

with the director of public works, together with an appeal fee to recover up to the full cost of processing the

appeal. Transportation permit appeal fees shall be established by resolution of the city council, as may be

amended from time to time, and shall meet the requirements of Vehicle Code Section 35795. The appeal shall be

in writing and shall state the reason(s) for the appeal. The director of public works shall forward the appeal to the

city manager or designee. Upon receipt of the appeal, the city manager or designee shall issue the appellant

notice of an informal meeting to hear the appeal within thirty days of receipt of the appeal, or at a time acceptable

to the appellant and city manager or designee, unless the city manager or designee determines on the basis of the

written documentation that the permit should be issued or condition modiRed as requested by the applicant. After

hearing, the city manager or designee may deny or grant the appeal, and amend, delete or add permit conditions.

The decision of the city manager or designee on the appeal shall be Rnal.

(Ord. 2431 NCS § 1, 2012.)

Any person operating a vehicle subject to transportation permit requirements in the city shall be liable for and

indemnify and hold the city harmless for any damage or liability to public facilities arising out of or related to the

use of the vehicle in the city, including but not limited to:

A. Cost of repair or replacement of public facilities and/or property;

B. Cost of cleanup;

C. Administrative, staU and legal costs.

(Ord. 2431 NCS § 1, 2012.)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor, except that oTcials

charged with enforcement of this chapter, including the city attorney, may in their discretion charge violations of

this chapter as infractions. Each day or portion thereof a violation of this chapter continues shall be deemed a separate oUense and punishable as such. Violations of this chapter may be enforced in any combination as

permitted by Chapters 1.10 through 1.16 of this code, by a civil court action brought in the name of the city, by

criminal action brought by the city attorney in the name of the city or in the name of the people of the state of

California, or using any other enforcement or legal remedies available to the city under the law. Penalties

applicable to violations of this chapter shall be as prescribed in the city’s bail schedule as from time to time

amended, and may in no event exceed maximum penalties prescribed by this code or state law. (Ord. 2431 NCS

§ 1, 2012.)