Whenever any ordinance, or provision thereof, of the city 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 tons, the city manager is authorized 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 weight limit of eight 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
material 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 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.
(Ord. 843 § 1, (1966))
Whenever any ordinance, or provision thereof, of the city designates
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 exceeding the maximum gross weight, including the
load thereon, of eight tons, the city manager is 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 weight limit of eight 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 building 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.
(Ord. 843 § 1, (1965))
(a) Outside Destination. All trucks entering the city for a destination point outside the city shall operate only over a truck traffic route as established by Section
13.60.050 of this chapter.
(b) One Inside Destination Point. All trucks entering the city for a
destination point in the city shall enter the city only on an established
truck route and shall proceed only over an established truck route
and shall deviate only 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 trucks entering 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 destination 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.
(Ord. 843 § 2, (1966))
(a) Outside Destination Point. All trucks on a trip originating 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 originating in the
city and traveling in the city for destination points in the city
shall proceed to such destination points by the shortest route.
(Ord. 843 § 3, (1966))
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 to proceed to any public or private scale available for
the purpose of weighing and determining whether this chapter has been
complied with.
(Ord. 843 § 4, (1966))
The following streets or highways are hereby declared to be
truck traffic routes for the movement of vehicles exceeding a maximum
gross weight, including load, of eight 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."
Said streets or highways are particularly designated as follows:
(1) Bayshore Freeway within the limits of the city;
(2) El Camino Real within the limits of the city;
(3) Skyline Boulevard within the limits of the city.
(Ord. 843 § 5, (1966))
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 requested, this fact, with the full identification of such person
and his or her 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;
(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 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 destination 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.
(Ord. 843 § 5, (1966))
At the time of filing the application, applicant shall pay to
the city, at the office of the city treasurer, a minimum filing fee
of $35 to cover the cost of the city's investigation of such application.
(Ord. 843 § 5, (1966))
Immediately upon the filing of an application for a permit to
haul, two copies of such application shall be delivered to the city
manager. The city manager shall have made an investigation of the
facts stated in the application, and within five days from the date
of filing such application shall either grant a permit with or without
modification, as hereinafter set forth, or deny the same in whole
or in part.
(Ord. 843 § 5, (1966))
The application shall be granted by the city manager only if
he or she finds as follows:
(1) That the public health, safety or welfare require 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 or she 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 California;
(3) That the city will be duly protected from liability 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.
(Ord. 843 § 5, (1966))
The city manager shall require, as a condition 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 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; provided, however, as follows:
(1) That said security shall be applied to the progress payments, or
if none be required, then to the sole payment on the permit fee required
under subsection (f) hereof as and when such payments become due;
(2) That within 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 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 subsection, if the fee due under subsection (f) hereof be less
than the sum deposited under this subsection;
(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 or her 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 or her at the City Offices, City Hall, Burlingame, California.
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The amount demanded by applicant shall be returned to him or
her within 10 days after such notice shall have been received by the
city manager.
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(Ord. 843 § 5, (1966))
In the event a permit be granted, the permittee shall pay to
the 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 specified 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 primarily 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.
(Ord. 843 § 5, (1966))
The city manager shall require, as a condition 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 repair 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.
(Ord. 843 § 5, (1966))
The city manager shall also require, as a condition to the granting
of any such permit, that the applicant deposit with the city manager
a certificate or policy of a responsible 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 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 twenty thousand
dollars ($20.000.00).
With the approval of the 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 hauling in the same or different
locations.
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(Ord. 843 § 5, (1966))
The following restricted streets or highways or portions thereof
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 tons, subject to and in accordance
with the provisions of this section, 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":
(Ord. 843 § 5, (1966))
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.
(Ord. 843 § 5, (1966))
In the event the application be denied, or the permit be issued
on modified terms, on any application for a permit as provided for
in this section, within five 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.
(Ord. 843 § 5, (1966))
In the event the city manager modifies 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 days of the mailing of the notice provided for in Section
13.60.170. 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.
(Ord. 843 § 5, (1966))
At the time set for the hearing the council may summon witnesses
and hearing 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 thereon 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 applicant for one year after the date
of such findings and order.
(Ord. 843 § 5, (1966))
Any permit granted hereunder may be revoked only by the council
as it, in its discretion, may deem reasonable and just for any reason
for which the issuance of such permit might lawfully be denied, or
for any failure to comply with any of the terms of this chapter or
of such permit. Revocation of such permit shall be made only upon
a hearing before the council, after at least five days notice to permittee.
Such notice shall be in writing mailed by United States mail addressed
to permittee at his or her business or residence address as stated
in his or her application for a permit.
(Ord. 843 § 5, (1966))
All provisions of Sections
13.60.170,
13.60.180 and
13.60.190 for hearings, findings, orders and conclusiveness 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 days.
The city manager or council may suspend any permit granted hereunder
pending the hearing herein provided, where, in his or her opinion,
the public health, safety or welfare require it.
(Ord. 843 § 5, (1966))
In the event that any hauling for which a permit has been granted
hereunder is not commenced within five 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 consecutive days, such permit shall automatically
expire, without notice, and no further hauling 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 or her 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
terms of the permit, no further hauling 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 supplemental 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
subsection (f). The city manager may dispense with any further investigation
or hearing, if, in his or her opinion, the information furnished him
or her by the original investigation is sufficient to enable him or
her to determine whether the supplemental permit should be issued
and upon what condition, if any.
(Ord. 843 § 5, (1966))
In the event a supplemental permit be refused, permittee may appeal to the council in the manner provided in Sections
13.60.170,
13.60.180 and
13.60.190 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.
(Ord. 843 § 5, (1966))
Nothing in this section, or in any permit granted hereunder,
shall 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 required by such term,
provision, ordinance or license.
(Ord. 843 § 5, (1966))
The following street, streets or highways, or portion thereof,
are hereby declared to be prohibited as a route or routes for the
movement of vehicles exceeding the maximum gross weight, including
load, of eight tons, and the city manager is hereby authorized and
directed 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) Dwight
Rd., city streets for their entire lengths within the limits of the
city.
(Ord. 843 § 6, (1966))
Notwithstanding any other provisions of this or any other ordinance of the city, trucks exceeding the maximum gross weight limits herein set forth, the operation of which is not otherwise permitted hereunder, may be permitted on restricted streets of the city designated as "limited truck routes," under the conditions and provisions as set forth in Section
13.60.170.
(Ord. 843 § 7, (1966))
Prior to the adoption of this chapter the city council, as the
legislative body of the city, did duly and regularly comply with the
provisions of Section 35705 of the California
Vehicle Code. In accordance
with Section 35705, the city council, after notice given and published
as provided in said section, conducted the hearing referred to therein
and received the presentation of all oral and written objections of
interested parties to the reduction of the weight limit referred to
in this chapter. The hearing was duly held before the city council
and all objections were considered and all interested parties were
afforded an adequate opportunity to be heard in respect to their objections.
(Ord. 843 § 8, (1966))
Any person, firm or corporation violating any of the provisions
of this chapter is guilty of a misdemeanor, 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
chapter is committed, continued or permitted, and upon 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.
(Ord. 843 § 9, (1966))