Article XIII — RESTRICTED USE — Porterville Municipal Code

SECTION:

17-13: Certain Vehicles Prohibited In Central Traffic District

17-13.1: Truck Routes

17-13.2: Designation Of Interstate Truck Access Routes

17-13.3: Commercial Vehicles Prohibited From Using Certain Streets

17-13: CERTAIN VEHICLES PROHIBITED IN CENTRAL TRAFFIC DISTRICT:

A. No person shall operate any of the following vehicles in the central traffic district between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. of any day: 1. Any freight vehicle more than eight and one-half feet (81/2') in width, with load, or any freight vehicle so loaded that any part of its load extends more than three feet (3') to the front or ten feet (10') to the rear of said vehicle.

Any vehicle carrying building material that has not been loaded, or is not to be unloaded, at some point within the central traffic

district.

B. The city traffic engineer may by written permit authorize the operation of any such vehicle for the purposes of making necessary emergency deliveries to or from points within the central traffic district. (Ord. 1162 § 1, 12-5-1978)

17-13.1: TRUCK ROUTES:

A. 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 four (4) tons, the city traffic engineer is hereby 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 four (4) tons.

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

a maximum gross weight limit of four (4) tons shall drive on such route or routes, and none other, except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of four (4) tons coming from a "truck route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pick ups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.

C. The provisions of this section shall not apply to:

Passenger buses under the jurisdiction of the public utilities commission; or
Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.

D. Those streets and parts of streets established by resolution of the council are hereby declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of four (4) tons. (Ord. 1162 § 1, 12-5-1978)

17-13.2: DESIGNATION OF INTERSTATE TRUCK ACCESS ROUTES:

A. Legislative Authority: This section is adopted, in accordance with the federal surface transportation assistance act (STAA), pursuant to the authority set forth in sections 35100, 35401, and 35401.5 of the Vehicle Code of the state of California.

B. Purpose:

1. It is the purpose of this section to protect the health, safety, and welfare of residents of this city by setting minimum standards for

the use of city streets by certain interstate trucks. To that end, this section and the provisions thereunder shall be liberally construed.

2. It is additionally the intention of the city council to minimize the wear and tear on city streets with increased usage by certain

interstate trucks while still providing the fullest possible access for city residents and businesses utilizing the benefits and services of such traffic.

C. Not Exclusive Regulation: This section is not the exclusive regulation of city streets. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereinafter enacted by the state, county, or any other legal entity or agency having jurisdiction.

D. Administration And Enforcement: Except as otherwise provided, this section shall be administered by the city traffic engineer and enforced by the city police chief.

E. Application Of Section: This section applies to all city controlled and maintained streets and any truck traffic, local or interstate, using such streets.

F. Definitions: Except where the context otherwise requires, the following definitions shall govern the construction of this section:

CALTRANS: The state of California department of transportation.

CITY: The city council of the city of Porterville, California.

CITY TRAFFIC ENGINEER: The city traffic engineer or his duly authorized agents.

INTERSTATE TRUCK: A combination of vehicles consisting of a truck tractor and semitrailer, with or without an additional trailer, which conforms to the conditions of section 35401.5 of the Vehicle Code of California. Any licensed carrier of household goods when directly en route to or from a point of loading or unloading of household goods, whose travel on highways other than those designated through this section is necessary and incidental to the shipment of the household goods, is specifically excluded from this definition.

POINT OF DECISION: Any intersection, junction or other point on a street where a driver must decide to proceed straight, turn, exit or enter (driveway entrances are excluded).

TERMINAL: A facility at which freight is consolidated to be shipped, where shipments may be loaded or unloaded, or at which truck and trailer combinations are regularly maintained, stored or manufactured.

TRAFFIC ENGINEER: The city traffic engineer or his duly authorized agents.

G. Declaration Of Prohibition: The city hereby prohibits the use of any interstate truck upon the streets under its jurisdiction except on specifically designated interstate truck terminal access routes as hereinafter provided. City designation of an interstate truck terminal access route which is available for use shall be evidenced by specific signs posted at all points of decision on the interstate truck terminal access route.

H. Procedure For Terminal Access Route Designation:

STAA Truck Route Map:

a. STAA truck routes shall be adopted by resolution of the city council with a copy of the official STAA truck route map attached.

b. The official STAA truck route map may be amended, from time to time, by resolution of the city council.

Application:

a. Any terminal owner or authorized agent wishing to have an interstate truck terminal access route designated to a particular

terminal, which route is wholly or partly made up of city streets, shall submit an application and supply all information and documents requested to the city traffic engineer. The application shall be on a form provided by the traffic engineer and available in the engineering division of the city during hours when the city is regularly open for business days. The application shall be accompanied by the applicable fee set by resolution of the city council.

b. Additional information may be required upon request by the traffic engineer. Written notification of any changes in any

information supplied during the application process must be submitted to the traffic engineer. If such additional or changed information is not provided within five (5) working days or is inaccurate, the traffic engineer may deny the application.

Investigation:

a. The traffic engineer shall investigate all applications for interstate truck terminal access route designations.

b. Following the investigation, the traffic engineer shall compile a report describing the proposed route and any alternative routes. The report shall further identify any deficiencies or problems within the proposed route or alternate routes which must be corrected before such routes can be finally approved for designation as interstate truck access routes.
1. Approval:
a. The traffic engineer shall take one of the following actions on an application:

(1) Approve the application route as proposed.

(2) Approve the application route on the condition that the applicant correct any or all identified deficiencies to the satisfaction of

the traffic engineer prior to any use of the route.

(3) Deny the application.

b. If the application route is approved on the condition that any deficiencies be corrected, such correction must be commenced

within three (3) months of conditional approval and shall comply with all normal city procedures, standards and permit requirements. Adequacy of correction of the deficiencies shall be subject to the approval of the traffic engineer. The traffic engineer may deny final approval of any route upon the applicant's failure to comply with any of these provisions.

c. The applicant may appeal any conditional approval or any denial in accordance with subsection I of this section.

CALTRANS And Other Local Agency Approval:

a. Once the traffic engineer has approved a proposed or alternate route, the traffic engineer shall submit the proposed route to

CALTRANS for approval. The traffic engineer shall also notify the applicant if approval by an affected local agency or county is necessary. Final approval by the city shall be contingent upon compliance by the applicant with all requirements set out by CALTRANS and approval by any other affected local agency or county.

b. If the applicant fails to meet any requirements by CALTRANS or is denied approval by any other affected local agency, the

traffic engineer shall deny the application, which denial shall be final and not appealable to the city council.

Posting Of Signs: Following final approval, the traffic engineer shall post signs which mark the course of the interstate truck

terminal access route. Such signs shall be posted in accordance with standards adopted by the traffic engineer.

Availability For Use: After the city council adopts a resolution amending the official STAA truck route map, the traffic engineer,

after posting all necessary signs, shall notify the applicant and the California highway patrol, that a route has been designated and marked and is available for use.

Suspension; Revocation: The traffic engineer may, at any time and in his sole discretion, revoke his approval of any route if the

route becomes unsafe. The designation of any route may be temporarily suspended to allow for repairs or other construction. A permanent revocation or temporary suspension may be appealed in accordance with subsection I of this section.

I. Appeal:

Generally: To appeal a conditional approval or a denial of designation by the traffic engineer, the applicant shall provide written

notice of appeal to the traffic engineer within ten (10) days of notification of the conditional approval or denial. Such written notice shall set out all reasons why the applicant believes such conditions or denial are inappropriate.

2. Initial Review: Upon receipt of a written notice of appeal, the traffic engineer shall reconsider the conditions or denial and notify

the applicant of the results of his review in writing within forty five (45) days. If the applicant is not satisfied by the traffic engineer's decision after review, the applicant may appeal directly to the city council. If the applicant is satisfied, the procedures in subsections H3 and H4 of this section as to correction of deficiencies, approval by other agencies, and posting of signs shall be followed.

Appeal To City Council:

a. If the applicant wishes to appeal to the city council the traffic engineer's decision on reconsideration rendered under subsection I2 of this section, appeal shall be made by letter to the city manager. Such appeal shall be filed within ten (10) days of the traffic engineer's decision on reconsideration.

b. If the city council orders approval or conditional approval of a requested route, then the procedures set out in subsections H3

and H4 of this section as to correction of deficiencies, approval by other agencies and posting of signs shall be followed. The city council's decision on the applicant's appeal shall be final. Judicial review of such decision shall be in accordance with California Code of Civil Procedure section 1094.5.

Renewal Of Application: The denial of a route application shall be final as to that route unless there is a material change of

circumstances between the date of denial and the date of filing a renewed application. A material change of circumstances may include construction and improvement of the proposed route for a different purpose or a decision by CALTRANS to withdraw a previous rejection of the route. The traffic engineer may reject a renewed application for a previously rejected route without investigation or report unless the applicant when making the renewed application provides written evidence of such a material change of circumstances. Denial by the traffic engineer of a renewed application shall be final for all appeal purposes. (Ord. 1391 § B, 11-17-1987; Ord. 1513 § C, 6-6-1995; Ord. 1537 § B56, 8-6-1996)

17-13.3: COMMERCIAL VEHICLES PROHIBITED FROM USING CERTAIN STREETS:

A. Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the city traffic engineer shall erect and maintain appropriate signs on those streets affected by such resolution.

B. Those streets and parts of streets established by resolution of the council are hereby declared to be streets the use of which is

prohibited by any commercial vehicle. The provisions of this section shall not apply to passenger buses under the jurisdiction of the public utilities commission. (Ord. 1162 § 1, 12-5-1978; Ord. 1391 § A, 11-17-1987)