HomeMy WebLinkAboutOrd 0843ORDINANCE NO. 843
AN ORDINANCE OF THE CITY OF BURLINGAME REGULATING TRUCK
TRAFFIC, PRESCRIBING TRUCK TRAFFIC ROUTES, WEIGHT
LIMITS ON CERTAIN STREETS IN THE CITY OF BURLINGAME,
ESTABLISHING PROVISIONS FOR LIMITED TRUCK TRAFFIC
ROUTES AND FOR ISSUANCE OF PERMITS FOR HAULING EARTH
AND MATERIAL IN EXCESS OF THE LIMITS OTHERWISE
PRESCRIBED IN THIS ORDINANCE, MAKING ANY VIOLATION
HEREOF A MISDEMEANOR AND FIXING PENALTIES FOR SUCH
VIOLATION
The Council of the City of Burlingame, San Mateo County,
California, does ordain as follows:
Section 1. TRUCK TRAFFIC, TRUCK ROUTES, WEIGHT LIMITS
X%T TOnTTAITV L Au DTDARTTQ
(a) DESIGNATING TRUCK TRAFFIC ROUTES: Whenever any ordi-
nance, or provision thereof, of the CITY of Burlingame designates
or describes any street, or streets, or portions thereof as a street,
or streets, the use of which is permitted by any commercial vehicle,
or.by any vehicle exceeding the maximum gross weight, including the
load thereon, of eight (8) tons, the City Manager is hereby author-
ized to designate such street, or streets, or portions thereof, by
approaching signs as "truck traffic routes" for the movement of
commercial vehicles and vehicles exceeding the said weight limit of
eight (8) tons. No such ordinance shall prohibit any commercial
vehicles 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 mer-
chandise from or to any building or structure located on such re-
stricted street, 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
street for which a building permit has previously been obtained there-
for. No such ordinance shall apply to any vehicle owned by a public
utility while necessarily in use for the construction, installation
or repair of any public utility.
(b) DESIGNATING PROHIBITED TRUCK TRAFFIC ROUTES: Whenever
any ordinance, or provision thereof, of the City o Burlingame design-
ates or describes any street, or streets, or portions thereof as a
street, or streets, the use of which is prohibited by any commercial
vehicle, or by any vehicle exceedinthe maximum gross weight, in-
cluding the load thereon, of eight tons, the City Manager is
hereby authorized to designate such street, or streets, or portions
thereof, by erecting and installing appropriate signs in appropriate
places to indicate the restriction against the movement of commercial
vehicles and vehicles exceeding the said weight limit of eight (8)
tons. No such ordinance shall prohibit any commercial vehicles 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 such restricted street,
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 street for which a build-
ing permit has previously been obtained therefor. No such ordinance
shall apply to any vehicle owned by a public utility while necessarily
in use for the construction, installation or repair of any public
utility.
Section 2. DESTINATION POINTS - OUTSIDE ORIGIN.
(a) OUTSIDE DESTINATION. All trucks entering the City for
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a destination point outside t e City shall operate only over a truck
traffic route as established by Section 5 of this ordinance.
(b) ONE INSIDE DESTINATION POINT: All trucks entering the
City for a destination point in the C y shall enter the City only on
an established truck route and shall proceed only over an established
truck route and shall deviate bnly at the intersection with the street
nearest to the destination point. Upon leaving the destination
point, the deviating truck shall return to the nearest truck route
by the shortest route.
(c) MULTIPLE INSIDE DESTINATION POINTS: All truck enter-
ing the City for multiple destination points shall enter the City
only on established truck routes, shall proceed only over established
truck routes and shall deviate only at the intersection with the
street nearest to the first destim tion point. Upon leaving the
first destination point a deviating truck shall proceed to all other
destination points by the shortest route. Upon leaving the last
destination point the deviating truck shall return to the nearest
truck route by the shortest route.
Section 3. DESTINATION POINTS - INSIDE ORIGIN.
" (a) OUTSIDE DESTINATION POINT: All trucks on a trip ori-
ginating in the City and traveling in the City for a destination
point outside the City shall proceed by the shortest route to the
nearest truck route as herein established.
(b) INSIDE DESTINATION POINTS: All trucks on a trip ori-
ginating in the City and traveling in the City for destination points
in the City shall proceed to such destination points by the shortest
route.
Section 4. WEIGHING AT PUBLIC SCALE MAY BE REQUIRED. Any police
officer shall have the authority to require any person driving or in
control of any truck on any public street or highway in the City of
Burlingame to proceed to any public or private scale available'for
the purpose of -weighing and determining whether this ordinance has
been complied with.
Section 5. DESIGNATION OF TRUCK TRAFFIC ROUTES. The following
streets or highways are hereby declared to be truck traffic routes
for the movement of vehicles exceeding a maximum gross weight, in-
cluding load, of eight (8) tons, hereinafter sometimes called
"trucks", and the City Manager is hereby authorized and directed to
designate such street or highway by appropriate signs as "Truck
Route".
follows:
Said streets or highways are particularly designated as
(1) Bayshore Freeway within the limits of the
City of Burlingame.
(2) El Camino Real within the limits of the
City of Burlingame.
(3) Skyline Boulevard within the limits of the
City of Burlingame.
Section 6. DESIGNATION OF PROHIBITED STREETS. The following
street, streets, or highways, or portions thereof, are hereby de-
clared to be prohibited as a route or routes for the movement of
vehicles exceeding thelmaximum gross weight, including load, of
eight (8) tons, and the City Manager is hereby authorized and direct-
ed to erect appropriate signs at appropriate places signifying the
restrictions and prohibitions set forth herein: (1) EASTON DRIVE,
(2) HILLSIDE DRIVE, (3) RALSTON AVENUE and (4) ROAD,
(1) b� # f ## ff cWRIGHTDWity streets for ;Yo/ their
entire length within the limits of the
City of Burlingame.
Section 7. PERMITTED TRUCKING. Notwithstanding any other pro-
visions of this or any `other or finance of the City of 'Burlingame,
trucks exceeding the maximum gross weight limits herein set forth,
the operation of which is not otherwise permitted hereunder, may be
permitted 6n restricted streets of the City of Burlingame designa-
ted as "Limited Truck Routes", under the following conditions and
provisions:
(a) PERMIT: Any person, firm or corporation desiring to
haul earth and fill and/or other material along any restricted
street shall file an application, in triplicate, for a permit so to
do with the City Manager, the original of which shall be verified.
The application shall set forth the following information:
(1) A full identification, and the residence and
business address of the applicant, including all members of
any firm, or partnership, and the president and secretary of
any corporation applying; if the applicant is the agent or
employee of any person for whose benefit the permit is re-
quested, this fact, with the full identification of such
person and his business and residence address.
(2) The facts constituting the necessity for
hauling the fill and/or other material.
(3) The amount of fill and/or other material
intended to be hauled. I .
(4) The dates on which the hauling is intended
to be commenced and completed, and the times of day during
which hauling is intended to be done.
(5) The route within.the City of Burlingame which
applicant proposes to use over public streets and/or private
property transporting the fill and/or other material.
(6) The time interval between vehicles, and the
number of vehicles per hour, which will travel over the route
for which the permit is applied.
(7) The locations of the place or places of desti-
nation and origin, provided, however, that if delivery is to
be made.in small quantities to numerous places, a general
description satisfactory to the City Manager, of the locations
of the contemplated deliveries will be sufficient.
(8) Such further information as the City Manager
may require.
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(b) APPLICATION - FILING FEE: At the time of filing the
application, applicant shall pay to t e City, at the office, of the
City Treasurer, a minimum filing fee of $35.00 to cover the cost of
the City's investigation of such application.
(c) APPLICATION - COPIES: Immediately upon the filing
of an application for a permit to haul, two (2) copies of such appli-
cation shall be delivered to the City Manager. The City Manager
shall have made an investigation of the facts stated in the applica-
tion, and.within five (5) days from the date of filing such applica-
tion shall either grant a permit with or without modification, as
hereinafter set forth, or deny the same in whole or in part.
(d) FINDINGS PRIOR TO GRANTING PERMIT: The application
shall be granted by the City Manager only if he finds as follows:
(1) That the public health, safety or welfare re-
quire the hauling and deposit of the, fill and/or other material
and the use of the route applied for, or such modification
thereof as he may deem advisable.
(2) That the hauling over the route specified will
not be.injurious to the public health, safety or welfare; and
that the vehicles used are in conformance with the safety,
maintenance and inspection requirements of the State of Cali-
fornia.
(3) That the City will be duly protected from lia-
bility for injury to persons and property.
(4) That the City will be indemnified from injury
to its public streets and other places by reason of the use
thereof for such hauling.
(e) DEPOSIT: The City Manager shall require, as a condi-
tion to the granting of such permit, that the, applicant, prior to
the issuance of the permit, deposit with the City Treasurer, as
security for the payment of the fees specified in subsection (f)
hereof, a sum of money to be fixed by the City Manager, which shall
be based upon the charges set forth in subsection (f) hereof; pro-
vided, however, as follows:
(1) That said security shall be applied to the pro-
gress payments, or if none be required, then to the sole pay-
ment on the permit fee required under subsection (f) hereof as
and when such payments become due.
(2) That within thirty-five (35) days after the
hauling shall have been completed, permittee shall pay to City
at the office of the City Treasurer the difference between the
amount deposited pursuant to this subsection and the fee due
the City under subsection (f) hereof, if the fee due under
subsection (f) hereof be greater than the sum deposited under
this subsection.
(3) That within thirty-five (35) days after the
hauling shall have been completed, the City Treasurer shall
return to permittee the difference between the fee due under
subsection (f) hereof and the amount deposited under this sub-
section, if the fee due under subsection (f) hereof be less
than the sum deposited under this subsection.
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(4) That the amount deposited under this subsection
shall be returned to, applicant if, prior to the commencement of
any hauling operation, pursuant to such application, applicant
shall have notified the City Manager of his intention not to
engage in any such hauling operation and demanded the return
of the deposit.
All notices required under these provisions shall be in
writing and delivered personally to the City Manager or transmitted
by United States registered or certified mail, postage prepaid,
and addressed to him at the City Offices, City Hall, Burlingame,
California.
The amount demanded by applicant shall be returned to him
within ten (10) days after such notice shall have been received by
the City Manager.
(f) PERMIT FEE: In the event a permit be granted, the
permittee shall pay to t e City at the office of the City Treasurer
a fee for the privilege of such permit at the rate of one cent per
ton mile hauled; such material shall be weighed and measured by the
City from time to time at the time and place and in the manner speci-
fied by the City Manager, and the amount due hereunder shall be
paid by permittee to the City at the end of each week of haul, if
the hauling shall consume more than one week; otherwise, at the end
of the hauling period. The moneys collected from such fees shall be
deposited in the "Limited Truck Route Fund", and shall be used pri-
marily for the repair and maintenance of Limited Truck Routes and
thereafter for general street repair and maintenance. The Limited
Truck Route Fund is hereby created, and shall be kept by the City
Treasurer.
(g) SURETY BOND: The City Manager shall require, as a con-
dition to the granting of any permit hereunder for the hauling of
earth, fill or any other material, that the applicant deposit with
the City Manager a surety bond in an amount to be fixed and form
to be specified by the City Manager inuring to the benefit of the
City, guaranteeing that applicant will faithfully perform all of the
conditions and requirements specified in the permit, and will re-
pair to the satisfaction of the City Engineer or Superintendent of
Streets, or at the option of the City Manager, reimburse the City
for any damage caused to City streets or other City property by the
proposed hauling or transportation of material or equipment. Such
bond shall be executed by a .surety or sureties approved by the City
Manager as being sufficient in financial responsibility.
(h) INSURANCE: The City Manager shall also require, as
a condition to h� e granting of any such permit, that the applicant
deposit with the City Manager a certificate or policy of a respon-
sible insurance company, showing that the City, its elective and
appointive boards, officers, agents and employees are insured, in
amounts hereinafter specified, against any loss or damage arising
directly from the, operations of the applicant or any firm, person,
or corporation acting in his, their or its behalf in carrying on any
operation connected directly or indirectly with the hauling for
which such permit is issued. Such policies of insurance shall be
as follows:
1) PUBLIC LIABILITY INSURANCE: In an amount not
less than 100,000 for injuries, including, but not limited
to, accidental death to any one person, and, subject to the
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same limit for each person, in an amount of not less than
$300,000 on account of one accident.
�2) PROPERTY DAMAGE INSURANCE: In an amount of not
less than 20,0 0.
With the approval of the City Manager, the applicant may
deposit the aforesaid surety bonds and policies of insurance on an
annual or continuing basis, to cover one or more permits for haul-
ing in the same or different locations.
(i) RESTRICTED STREETS - DESIGNATION OF LIMITED TRUCK
ROUTES: The following restricted streets or hig ways
or portions thereo'-within the limits of the City are hereby declared
and designated limited truck routes for the 'movement of vehicles
exceeding the maximum gross weight, including load, of eight (8)
tons, subject to and in accordance with the provisions of this sec-
tion, and the City Manager is hereby authorized and directed to
designate such streets or highways or portions thereof by appropriate
signs such as "Limited Truck Route - Permit Required".
(1) Bayshore Highway.
(2) California Drive.
(3 ) Peninsulas! Avenue betweer} t-ei-rrt,&rss i-on-
WJ-tlr t-cr ifirs--rrtoe-t -c stenlry-
terrrri-num-
(4) TROUSDALE AVENUE anx (5) BAYSHORE BOULEVARD.
(j) FURTHER SPECIFICATIONS FOR PERMIT: The City Manager
shall also specify, in granting the permit, the following:
(1) The gross weight limit of each truck or vehicle
which shall be authorized to haul under the permit.
(2) The time interval between vehicles, and the
number of trucks per hour which shall be permitted to travel
over the route specified.
(3) The hours of the day and the days of the week
during which such trucks shall be permitted to travel over said
route,
(4) The total number of yards of fill which may be
hauled subject to the permit.
(5) The period during which the permit is effective.
(k) RIGHT TO APPEAL: in the event the application be
denied, or the permit be issued on modified terms, on any applica-
tion for a permit as provided for in this section, within five (5)
days of such action, the City Manager shall notify applicant, in
writing by registered United States mail, of such modification or
denial stating the reasons therefor.
(1) NOTICE OF APPEAL: In the event the City Manager modi-
fies or denies in whole or in part any application for a permit as
provided for in this section, applicant may file with the City Clerk
a written notice of appeal to the City Council from such decision.
Such notice of appeal must be filed within five (5) days of the
mailing of the notice provided for in subsection (k) of this section.
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In such event, the City Clerk shall set the hearing on such appeal
before the City Council for the second succeeding regular meeting
after the date of filing such notice.
(m) EVIDENCE ON APPEAL: At the time set for the hearing
the Council may summon witnesses and hear evidence relating to the
application. The Council may continue the hearing from time to time.
At the conclusion thereof, the Council shall make its findings there-
on and may grant or deny the application, or make such modifications
with reference thereto as it may deem fit. The findings and order
of the Council shall be final and conclusive on applicant, and no
application for substantially the same purpose may be made by appli-
cant for one (1) year after the date of such findings and order.
(n) REVOCATION OR SUSPENSION OF PERMIT: Any permit granted
hereunder may be revoked only by the Counc l as it, in its discre-
tion, may deem reasonable and just for any reason for which the issu-
ance of such permit might lawfully be denied, or for any failure to
comply with any of the terms of this ordinance or of such permit.
Revocation of such permit shall be made only upon a hearing before
the Council, after at least five (5) days notice to permittee. Such
notice shall be in writing mailed by United States mail addressed to
permitteeat his business or residence address as stated in.his appli-
cation for a permit.
(o) REVOCATION - NOTICE: All provisions of subsectiors(k),
(1) and (m) of this section for earings, findings, orders, and con-
clusiveness of such findings and orders shall apply to this section;
provided, however, that the minimum time for any notice required by
this section shall be five (5) days.
The City Manager or Council may suspend any permit
granted hereunder pending the hearing herein provided, where, in his
or its opinion, the public health, safety, or welfare require it..
(p) EXPIRATION OF PERMITS; ISSUANCE OF SUPPLEMENTAL PERMITS
In the event that any hauling for which a permit has been granted
hereunder is not commenced within five (5) days from the date of
issuance of such permit, or in the event that such hauling is at any
time abandoned for a period of five (5) consecutive days, such per-
mit shall automatically expire, without notice, and no further haul-
ing shall be made; however, the conditions expressed in such permit
shall remain binding upon the person to whom such permit was issued,
and all legal and equitable remedies shall be available against him
for any breach thereof. When the amount of material hauled equals
the number of cubic yards which such permit authorizes to be hauled,
or if haulings vary from the terms of the permit, no further haul-
ing may be made until a new or a supplemental permit to haul has been
issued. In either event herein set forth, an application for a sup-
plemental permit to continue the hauling may be filed, setting forth
all the information required for the original application and not
contained therein. No further filing fee shall be required, but if
such supplemental permit is issued, the applicant shall pay the fee
prescribed in subsection (f) of this section and the fee so paid
shall be subject to the provisions of said subsection (f). The
City Manager may dispense with any further investigation or hearing,
if, in his opinion, the information furnished him by the original
investigation is sufficient to enable him to determine whether the
supplemental permit should be issued and upon what conditions, if
any.
(q) DENIAL OF SUPPLEMENTAL PERMIT - RIGHT TO APPEAL: In
the event a supplemental permit be refused,,permittee may appeal to
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the .Council in the manner provided in subsections (k), (1) and (m)
hereof for an appeal from a denial of a permit, and -all provisions
of said subsections for giving of notices, hearings. -findings, orders
and conclusiveness of such,findings and orders shall apply to this
subsection.
(r) PERMIT DOES NOT EXCUSE COMPLIANCE WITH OTHER ORDINANCE
PROVISIONS: nothing in this section, or in.any permit
granted hereun er33 be deemed to authorize the doing or omission
of any act contrary to any term or provision of any ordinance or -
license of this City or without any license or permit otherwise re-
quired by such term, provision, ordinance or license.
Section 8. Prior to the adoption of this ordinance, the City
Council of the City of Burlingame, as the legislative body of said
City, did duly and regu lacy, comply with the provisions of Section
35705 of the California Vehicle Code. That in accordance with said
Section 35705, said City Council, after notice given and published
as provided in said section, did conduct the hearing referred to
therein and did receive thepresentation of all oral and written
objections of interested parties to the reduction of the weight
limit referred to in this ordinance. The hearing was duly held before
the said City Council and all objections were considered and all
interested parties were afforded an adequate opportunity to be heard
in respect to their objections.
Section 9. Any person, firm or corporation violating any of
the provisions of this ordinance shall be deemed guilty of a mis-
demeanor, and each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation of any of the provisions of this ordinance is committed,
continued or permitted, andupon conviction of any such violation
such person shall be punishable by a fine of not more than $500, or
by imprisonment for not more than 180 days, or by both such fine
and imprisonment.
Section 10. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remain-
ing portions of the ordinance. The Council of the City of Burlingame
hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause and phrase hereof, irres-
pective of the fact that any one or more,of the sections, subsections,
sentence, clauses or phrases hereof be declared invalid or unconsti-
tutional.
Section 11. Any ordinances or parts of ordinances in conflict
herewith shall be, and they are hereby, repealed.
Section 12. This ordinance shall be published once in the
Burlingame Advance Star within fifteen (15) days after the date of
its passage and shall become effective thirty (30) days after the
date of its adoption.
Mayor
ATTEST:
City Cler
(SEAL)
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I, Herbert K. White, City Clerk, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the
City Council held on the 6th day of June , 1966, and
adopted thereafter at a regular meeting held on the 15th
day of August , 1966, by the following vote:
AYES: Councilmen: Crosby-Diederichsen-George-Johnson-Martin.
NOES: Councilmen: None
ABSENT: Councilmen: None