[CC 1961 §38.39; Ord. No. 1289 §1, 8-7-1961]
A. No
person engaged in transporting goods, wares, or merchandise by truck
upon the streets of the City, or in transporting passengers for hire
upon such streets, nor any of the agents, officers, or employees of
any such person, shall operate upon any public street in the City,
except upon such streets as are designated in the route certificate
herein provided for.
B. The
Director of Public Works shall designate the routes to be used in
the City by such trucks and buses. In selecting such routes, consideration
shall be given to the stability of such streets for such use with
particular reference to the width and the character of the surface
thereof, the effect of such vehicular use upon other traffic, and
the effect of such vehicular use upon the health, safety, and convenience
of the public and of persons using the streets, and the effect upon
property fronting thereon, and in making the selection of routes,
consideration shall be given to the best means of preserving the safety
and convenience of the public and the property abutting such streets.
C. Any
person engaged in any of the businesses herein mentioned and desiring
to use the streets of the City shall apply to the City Clerk for a
route certificate, and such certificate, when obtained, shall be kept
on file, and open to inspection by the City, at the general office
of the applicant.
[CC 1961 §38.40; Ord. No. 1507, 4-19-1965]
No person shall operate a truck on any street designated in
Schedule XV of this Title, except when engaged in making necessary
pick-ups or deliveries on such streets, or if such truck is generally
garaged on such streets.
Trucks, semitrailers, and trailers, except utility trailers,
without rear fenders, attached to a commercial motor vehicle registered
for over twenty-four thousand (24,000) pounds shall be equipped with
mud flaps for the rear wheels when operated on the public highways
of this state. If mud flaps are used, they shall be wide enough to
cover the full tread width of the tire or tires being protected; shall
be so installed that they extend from the underside of the vehicle
body in a vertical plane behind the rear wheels to within eight inches
of the ground; and shall be constructed of a rigid material or a flexible
material which is of a sufficiently rigid character to provide adequate
protection when the vehicle is in motion. No provisions of this section
shall apply to a motor vehicle in transit and in process of delivery
equipped with temporary mud flaps, to farm implements, or to any vehicle
which is not required to be registered.
[CC 1961 §38.30(B); Ord. No. 2155, 7-12-1976]
A. No
truck or commercial vehicle with a gross license weight in excess
of twelve thousand (12,000) pounds, or in excess of twenty-four (24)
feet in length, or in excess of eight (8) feet in height, except State
licensed recreational property, unless the vehicle is parked within
an enclosed garage or has secured a special permit issued by the Council
after a hearing wherein the Council should determine whether such
parking will:
1. Adversely affect the character of the neighborhood.
2. Adversely affect the general welfare of the community.
3. Subsequently interfere with the protection of the property on which
the vehicle is parking with relation to fire and police protection.
4. Subsequently interfere with the enjoinment of neighbors in relation
to vision, screen, appearance, and utilization of their property.
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If the Council's findings should be negative as to all of the
Subparagraphs referred to (1, 2, 3, and 4) above, then the application
shall be granted. If the Council's findings are affirmative as to
either Subparagraphs 1, 2, 3, and 4, then the permit shall be denied.
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B. Any
person desiring a special permit shall pay the City the sum of thirty-five
dollars ($35.00) for costs herein, and upon receipt of an application
and thirty-five dollars ($35.00), the Council shall grant a public
hearing giving fifteen (15) day's notice, and a letter shall be sent
to enjoining property owners informing them of said public hearing.
[CC 1961 §38.31; Ord. No. 3142 §1, 9-4-1990]
It shall be unlawful for the operator of any vehicle with license
weight in excess of twelve thousand (12,000) pounds to park such vehicle
on any street between the hours of 1:00 A.M. and 6:00 A.M. of any
day. It shall be unlawful for the owner or operator of any vehicle
with license weight in excess of twelve thousand (12,000) pounds,
or any vehicle in excess of twenty-four (24) feet in length, or in
excess of eight (8) feet in height, to park such vehicle on any street
in a residentially zoned area or on any residentially zoned property.
It shall also be unlawful for the operator of any vehicle of the "over-the-road"
type with a gross license weight in excess of eighteen thousand (18,000)
pounds to park his/her vehicle, or to detach from his/her vehicle
a trailer, and leave it parked on any public or private property within
the City of Berkeley unless the vehicle and/or trailer are left in
a facility duly licensed as a truck terminal, or unless the vehicle
and/or trailer are utilized as a part of a business duly licensed
by the City of Berkeley. Nothing in this paragraph shall be construed
to restrict vehicles licensed in excess of the limits specified above
from stopping at eating and refueling establishments or places of
lodging where said driver is registered for an overnight stay, or
deliveries and pick-ups, for periods not to exceed sixty (60) minutes.