St. Helena Municipal Code Ch. 10.36 Designated Truck Traffic Routes

DESIGNATED TRUCK TRAFFIC ROUTES

Sections:

• 10.36.010 Truck traffic routes.

• 10.36.020 Restriction of heavy trucks to truck traffic routes.

• 10.36.030 Inapplicability of truck traffic routes to certain vehicles.

• 10.36.040 Truck parking permits.

• 10.36.050 Enforcement.

• 10.36.060 Weigh-in.

• 10.36.070 Civil penalty—Additional liability and indemnification for damage caused.

• 10.36.080 Challenge to administrative citation.

• 10.36.090 Remedies cumulative—Actions—Relationship to other laws.

The following streets, or portions thereof, located within the city are hereby designated as “truck traffic routes” for the movement of vehicles exceeding a maximum weight limit of ten thousand (10,000) pounds, and the city manager is hereby authorized to designate such streets as “truck traffic routes” by appropriate signs:

Street Name From To Main Street (SR29/ Chaix Lane Deer Park SR128) Road

(Ord. 17-3 § 2 (Exh. A)

When appropriate signs are in place, designating the “truck traffic routes” set forth in Section 10.36.010, the operator of any vehicle exceeding a maximum gross limit of ten thousand (10,000) pounds shall drive on such routes, and none other, except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of ten thousand (10,000) pounds coming from a “truck traffic route” having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or delivery 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, or for parking such vehicle in a location for which a parking permit has been issued pursuant to Section 10.36.040.

For purposes of this section, “direct route” means:

A. For deliveries more than one-half mile off of the nearest point on the truck traffic route, travel is permitted only by the most direct route to the destination.

B. For deliveries one-half mile or less from a driver’s chosen point of departure from the truck traffic route, travel is permitted by the most direct route from the chosen point of departure to the destination.

C. After delivery or pickup, travel is permitted by (1) the most direct route back to the truck traffic route, or (2) if the next stop is one-half mile or less, proceeding to the next stop by the most direct route. (Ord. 17-3 § 2 (Exh. A)

The provisions of Sections 10.36.010 and 10.36.020 shall not apply to:

• A. Passenger buses under the jurisdiction of the Public Utilities Commission.

B. 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.

• C. School buses while carrying students to and from school.

D. Pickup trucks. For the purposes of this section, a “pickup truck” means a four-wheeled 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.

E. 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.

• F. Tow trucks or moving vans providing a service on a street.

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

• H. Street sweepers.

• I. Emergency vehicles.

• J. Recreational vehicles (as defined by California Health and Safety Code Section 18009.3). (Ord. 17-3 § 2 (Exh. A)

The public works director may issue permits to vehicles subject to provisions of Sections 10.36.010 and 10.36.020 to park such vehicles in locations off “truck traffic routes” as specified in the permit, if the public works director 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. 17-3 § 2 (Exh. A)

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 one thousand dollars ($1,000.00), 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. 17-3 § 2 (Exh. A)

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 10.36.010, 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. 17-3 § 2 (Exh. A)

A. In addition to any fine imposed under Section 10.36.050, any person who violates this chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) 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 10.36.050, 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 of this section or the liability for damage caused under subsection B of this section, the responsible person must remit payment of the noticed costs, expenses, and/or fees to the city of St. Helena within forty-five (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 Section 10.36.080, and if such a request is made, shall remain stayed during the pendency of the administrative hearing process. (Ord. 17-3 § 2 (Exh. A)

In accord with the following provisions, any person dissatisfied with the city’s issuance of an administrative citation under Section 10.36.070 may request an administrative hearing to challenge the citation:

A. The responsible person shall have the right to request the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances, and arguments upon which the appeal is based.

B. The city manager is hereby authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances, or arguments that the responsible person has presented in the appeal notification.

C. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the amount of the administrative citation based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this chapter.

D. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

E. If, following an administrative hearing, appeal, or other final determination, the responsible person is determined to be liable for the administrative citation, such liability, if unpaid within forty-five (45) days of the notice of the final determination, may be recovered by civil action. (Ord. 17-3 § 2 (Exh. A)

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. 17-3 § 2 (Exh. A)