Tehachapi Municipal Code Ch. 10.36 Interstate Trucks

The following words and phrases shall have the meanings set forth in this section, 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.

A. "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.

B. "Interstate truck" means a truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the vehicle code.

C. "Traffic authority" means the traffic authority of the city or his authorized representative.

D. "Caltrans" means the state Department of Transportation or its successor agency.

E. "City" means the city of Tehachapi, California.

(Ord. 84-10-505 § 1, 1984)

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

(Ord. 84-10-505 § 2, 1984)

A. Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form to be provided by the city, together with such information as may be required by the traffic authority and required fees, to the city.

B. Upon receipt of the application, the traffic authority shall 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 radii and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes and congestion. No access off the federally designated highway system shall be approved without the approval of Caltrans.

C. Should the requested route pass through the city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the city shall be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in subsection B of Section 10.36.040.

(Ord. 84-10-505 § 3, 1984)

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 routes.

B. Upon the approval of the terminal designation and route by the city and by Caltrans, the applicant shall deposit with the city sufficient funds as estimated by the traffic authority to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs shall be required at every decision point in the city en 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 subsection C of Section 10.36.050.

(Ord. 84-10-505 § 4, 1984)

A. If all feasible routes to a requested terminal are found unsatisfactory by the traffic authority, the applicant may request retrofitting to mitigate or eliminate the deficiencies. All costs of engineering, construction and inspection shall be the responsibility of the applicant. Except when such retrofitting 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 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 shall file with the traffic authority, on a form satisfactory to the traffic authority, 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 or paid for by the applicant, should any other applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include that applicant's proportionate share of the retrofitting, as determined by the traffic authority, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any other 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 traffic authority required by subsection B of this section.

(Ord. 84-10-505 § 5, 1984)

The traffic authority may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular or pedestrian traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or the vehicles' causing unsafe operating conditions for other vehicular or pedestrian traffic.

(Ord. 84-10-505 § 6, 1984)

A. If the traffic authority 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 traffic authority, may appeal the decision to the city council in writing. An appeal shall be made on a form prescribed by the city and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the traffic authority or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the traffic authority 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 traffic authority, the findings of the traffic authority and its decision on the application.

B. The city clerk shall make copies of the data provided by the traffic authority 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 traffic authority 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. 84-10-505 § 7, 1984)

The city council declares that should any section, paragraph, sentence or word of the ordinance codified in this chapter be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independent of the elimination here from of any such portion as may be declared invalid.

(Ord. 84-10-505 § 8, 1984)

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of five hundred dollars or by imprisonment in the county jail of the county of Kern for a period of not to exceed six months or by both such fine and imprisonment.

(Ord. 84-10-505 § 9, 1984)