Chapter 11.52

FREIGHT LOADING ZONES

Parts:

• 1 General Provisions 2 Freight Loading Zone 3 Special Freight Loading Zones 4 Special Loading/Unloading Permit

Part 1

GENERAL PROVISIONS

Sections:

11.52.020 Commercial vehicle.

11.52.030 Director.

11.52.040 Loading or unloading.

• 11.52.050 Freight.

11.52.060 Large live entertainment venue.

The definitions set forth in this chapter shall govern the application and interpretation of this chapter.

(Ord. 26356.)

"Commercial vehicle" means a vehicle that has license plates identifying it as a commercial vehicle. (Ord. 26356.)

When the city traffic engineer, as authorized under this chapter, has caused curb markings to be placed, or signs to be erected, no person shall stop,

"Director" means the director of the department with the authority for administering programs related to the operation and maintenance of public streets.

(Ord. 26356.)

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§ 11.52.040

"Loading or unloading" and "loading and unloading" means the active loading and/or unloading of freight from a vehicle, and the execution of all activity connected with the loading or unloading of the freight.

(Ord. 26356.)

"Freight" means goods, wares, merchandise, equipment, materials, or cargo. (Ord. 26356.)

"Large live entertainment venue" shall mean a business operating in a facility having a performance area, including a stage and assembly area, with an occupancy capacity of at least six hundred people, where live amplified musical entertainment is provided two or more times per week. (Ord. 26356.)

Part 2

FREIGHT LOADING ZONE

Sections:

11.52.320 Use prohibition.

11.52.330 Time prohibition.

11.52.340 Length.

The director is authorized to establish freight loading zones consistent with the requirements of this Part 2.

(Ord. 26356.)

The director shall establish a freight loading zone by a yellow paint line upon the top and face of

the curb within such zone or by signs indicating such freight loading zone placed at the beginning and end of the zone.

(Ord. 26356.)

No person shall stop, stand or park a vehicle in any freight loading zone for any purpose other than the following:

• A. The pick up or drop off of passengers;

• B. The loading or unloading of freight to or from a commercial vehicle making a commercial delivery or pick up; or

• C. The delivery or pick up of express or parcel post packages or United States mail.

• (Ord. 26356.)

• A. No person shall stop, stand or park a vehicle in any freight loading zone for the purpose of the pick up or drop off of passengers for longer than the time necessary to complete such activity, and in no event for more than five consecutive minutes.

• B. No person shall stop, stand or park a commercial vehicle in any freight loading zone for the purpose of loading or unloading freight for longer than the time necessary to complete such activity, and in no event for more than one consecutive hour, except in compliance with a special loading/unloading permit issued pursuant to Part 4 of this Chapter 11.52.

• C. No person shall stop, stand or park a vehicle in any freight loading zone for the purpose of delivering or picking up express or parcel post packages or United States mail for longer than the time necessary to complete such activity, and in no event for more than one consecutive hour.

• (Ord. 26356.)

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§ 11.52.520

No freight loading zone, combined with any zone established pursuant to Chapter 11.54, shall exceed more than one-half of the total curb length in any block.

(Ord. 26356.)

The director may post signs limiting the applicability of the restrictions set forth in Part 2 to only certain days and/or times. (Ord. 26356.)

Part 3

SPECIAL FREIGHT LOADING ZONES

Sections:

11.52.500 Authority to establish.

11.52.510 Special freight loading zone.

11.52.520 Length.

11.52.530 Designating.

11.52.540 Permit issuance.

11.52.550 Number of permits.

11.52.560 Permit conditions.

11.52.570 Prohibition.

11.52.580 Permit duration.

11.52.590 Prohibition on sale or transfer.

11.52.600 Fees.

11.52.610 Permit denial or revocation.

11.52.620 Appeal.

11.52.630 Hearing.

The director is authorized to establish special freight loading zones in the Central Traffic District consistent with the requirements of this Part 3. (Ord. 26356.)

The director may establish a special freight loading zone upon the request of a business if each of the following conditions exist:

• A. The business requesting the special freight loading zone is a large live entertainment venue; and

• B. The business requesting the special freight loading zone is located on the side of the block immediately adjacent to the proposed zone; and

• C. An ongoing and regular part of the business requesting the special freight loading zone involves deliveries or pick ups at least two days per week, with each delivery or pick up requiring the loading or unloading of freight in excess of two consecutive hours; and

• D. The delivery needs of the business requesting the special freight loading zone can only be accommodated through the use of the immediately adjacent public street; and

• E. The establishment of a special freight loading zone would not result in inadequate on-street parking or inadequate freight loading zones established pursuant to Part 2 to accommodate the needs of other businesses located on either side of the street on the city block upon which the proposed special freight loading zone would be established.

• (Ord. 26356.)

• A. The director shall not establish a special freight loading zone of a length greater than reasonably appropriate to accommodate the needs of any business to be served by the zone. The director shall consider the on-street parking, and the loading and unloading needs of other businesses in determining the length of the special freight loading zone.

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§ 11.52.520

• B. Any block containing a special freight loading zone shall not be subject to the restriction set forth in Section 11.52.340.

• (Ord. 26356.)

• A. The director shall designate a special freight loading zone by a yellow paint line upon the top and face of the curb within such zone and by signs indicating such special freight loading zone placed adjacent to the painted curb at the beginning and end of the zone.

• B. The signs designating a special freight loading zone shall give notice that parking or stopping within the zone is prohibited except for vehicles displaying a special freight loading zone permit issued pursuant to this Part 3.

• C. The signs designating a special freight loading zone shall also give notice that parking or stopping in violation of the prohibition set forth in this Part 3 may result in removal of the vehicle.

• (Ord. 26356.)

Upon the proper application of a business, the director shall issue the applicant business a special freight loading zone permit in the Central Traffic District if each of the following requirements exist:

• A. The business requesting the special freight loading zone permit is a large live entertainment venue; and

• B. The business requesting the special freight loading zone permit is located on the side of the block immediately adjacent to the proposed zone; and

• C. An ongoing and regular part of the business requesting the special freight loading zone permit involves deliveries or pick ups at least two days per week, with each delivery or pick up requiring the loading or unloading of freight in excess of two consecutive hours; and

• D. The applicant business does not have sufficient on-site or off-site areas to accom-

modate the loading and unloading of freight in excess of two consecutive hours, and such loading and unloading needs can only be accommodated through the use of the immediately adjacent public street.

• (Ord. 26356.)

The director shall issue to each applicant business that qualifies to use a special freight loading zone no more than the number of permits needed by the business.

• (Ord. 26356.)

• A. The holder of a special freight loading zone permit is authorized to display the permit on any vehicle making a delivery or pick up of freight to the permit holder.

• B. A vehicle properly displaying a special freight loading zone permit is authorized to park in a special freight loading zone for no longer than the time necessary to complete the loading or unloading of freight to the permit holder.

• C. The holder of a special freight loading zone permit shall use only the special freight loading zone for all of its other freight loading and unloading needs to the extent the zone is not occupied or needed for the loading and unloading of freight anticipated to be in excess of two consecutive hours.

• D. The holder of a special freight loading zone permit is authorized to use freight loading zones for its other loading and unloading needs only to the extent the special freight loading zone is unavailable because of use by vehicles making deliveries or pickups in accordance with this Part 3. All vehicles parking in the freight loading zone shall strictly adhere to the regulations applicable to freight loading zones.

• E. A special freight loading zone permit is only valid in the special freight loading zone for which it is issued.

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§ 11.52.630

• F. A valid special freight loading zone permit does not guarantee or reserve to the permit holder a parking space within a special freight loading zone.

• (Ord. 26356.)

• A. No person shall park or stop a vehicle in a special freight loading zone without displaying, in the manner required by the director, a valid special freight loading zone permit and acting in compliance with the conditions set forth in Section 11.52.560.

• B. No person to which a special freight loading zone permit has been issued shall use the permit except as set forth in this Part 3.

• (Ord. 26356.)

• A. The director shall fix the period during which special freight loading zone permits are valid, provided that no such permit shall be valid for longer than two years.

• B. The director will automatically renew a special freight loading zone permit upon affirmative evidence showing that the same business use that formed the basis for the original permit issuance is continuing.

• C. Renewal of special freight loading zone permits shall be in accordance with the rules established by the director.

• (Ord. 26356.)

Except as otherwise provided in Section 11.52.560, no business that has been issued a special freight loading zone permit shall sell, transfer or allow another business to use the permit. (Ord. 26356.)

The fees for obtaining, renewing, and replacing a special freight loading zone permit shall be as set forth in the schedule of fees established by resolution of the city council. (Ord. 26356.)

The director may deny an application for issuance or renewal of a special freight loading zone permit upon determining that the applicant or permittee has:

• A. Supplied the director with incorrect information;

• B. Violated any conditions placed upon the permit; or

• C. Otherwise failed to comply with the provisions of Part 3.

• (Ord. 26356.)

• A. The director shall notify an applicant or permittee, in writing, of the director's decision to deny or revoke a special freight loading zone permit.

• B. The notice of decision shall state the grounds for denial of the application or revocation of the special freight loading zone permit and shall notify the applicant or permittee of the opportunity and procedures for a hearing.

• C. The notice of decision shall become final unless a written request for hearing is received by the director within ten days after the date of the notice of decision.

• (Ord. 26356.)

• A. Upon receipt of a timely written request for a hearing on a notice of decision to deny an application of a special freight loading zone permit or to revoke such a permit, the director shall schedule a hearing. The director shall promptly notify the applicant or permittee of the hearing date, time and location.

• B. The hearing with the director shall be held within ten business days after receipt of the written request for hearing.

• C. The hearing will be informal and the technical rules of evidence shall not apply. The permittee or applicant may be represented by any person.

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§ 11.52.630

• D. After closing the hearing, the director shall give a decision sustaining, reversing or modifying the decision to deny or revoke a special freight loading zone permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant within five business days following the hearing.

• (Ord. 26356.)

Part 4

SPECIAL LOADING/UNLOADING PERMIT

Sections:

To obtain a special loading/unloading permit, the applicant must demonstrate to the satisfaction of the director that one of the following requirements exists:

• A. The backing of a vehicle to the curb is the only reasonable method by which the loading or unloading of freight can occur; or

• B. The loading or unloading of freight is anticipated to exceed one consecutive hour and the applicant cannot otherwise comply with the requirements to obtain a permit for a special freight loading zone.

• (Ord. 26356.)

• 11.52.710 Permit issuance.

• 11.52.720 Permit duration.

Upon proper application of a business, the director may issue the applicant a special loading/ unloading permit in the Central Traffic District authorizing one of the following activities:

• A. The backing of a vehicle to the curb for the purpose of loading or unloading freight except as prohibited in the Central Traffic District in accordance with 11.52.140; or

• B. The parking of a vehicle in a freight loading zone in excess of one consecutive hour for the purpose of loading or unloading freight.

• (Ord. 26356.)

• A. The director shall fix the period during which the special loading/unloading permits are valid, provided that such permit will be valid a minimum of one day and shall be valid no longer than three days as to be determined by the director.

• B. The director may renew a special loading/ unloading permit upon a showing by the applicant that the same or similar business use that formed the basis for the original permit issuance is continuing.

• C. Renewal of special loading/unloading permits shall be in accordance with the rules established by the director.

• (Ord. 26356.)

• A. No person shall back a vehicle to the curb for the purpose of loading or unloading freight without displaying, in the manner required by the director, a valid special loading/unloading permit authorizing such loading or unloading in compliance with the conditions set forth in the permit.

• B. No person shall park a commercial vehicle in a freight loading zone in excess of one consecutive hour without displaying, in the manner required by the director, a valid special loading/

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§ 11.54.200

unloading permit authorizing the loading and/or unloading in compliance with the use and time conditions detailed on the permit and the restrictions posted at the freight loading zone.

(Ord. 26356.)

The director shall indicate a passenger loading zone by a white line upon the top and face of the curb within such zone, or by signs indicating such passenger loading zone placed at the beginning and end of the zone.

(Ord. 26356.)

No business that has been issued a special loading/unloading permit shall sell, transfer or allow another business to use the permit. (Ord. 26356.)

The fees for obtaining a special loading/unloading permit shall be set forth in the schedule of fees established by resolution of the city council. (Ord. 26356.)