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HomeMy WebLinkAbout30O R D I N A N C E N 0. 30 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING ORDINANCE 10. 17 OF SAID TOWN OF LOS ALTOS HILLS REGULATING TRAFFIC BY COMMERCIAL VEHICLES AND OTHER VEHICLES UPON THE ROADS, STREETS AND HIGHWAYS OF SAID TOWN AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 9-201. Article 11 of Ordinance No. 17 of the Town of Los Altos Hills is hereby amended as follows: SECTION 9-202. No vehicle which, with or without its load or in combination with any attached vehicle and load or without load, exceeds a tonnage weight of 12 tons, shall be upon or operated upon any public road, street or highway within the boundaries of the Town of Los Altos Hills except as hereinafter provided. (a) For the purpose of delivering goods, wares or merchandise to any private residence, school, hospital or church into certain limited areas described herein, that lie outside the Town of Los Altos Hills. (b) For the purpose of moving goods, wares or merchandise from a private residence, school, hospital or church, out of certain limited areas described herein, that lie outside the Town of Los Altos Hills. 0 (e) For the purpose of delivering materials 'to be used in the actual and bona fide repair, alteration, remodeling or construction of any private residence, farm building, school, hospital or church, in certain limited areas described herein, that lie outside of the Town of Los Altos Hills, provided that a building permit has previously been obtained for such school, farm building, residence, hospital or church. (d) For the purpose of picking up, moving or delivering any agricultural product or agricultural equipment, implements of husbandry or foodstuffs for domestic animals. (e) For the purpose of using the equipment being moved or of using the contents of any vehicle, in the area hereinafter specified, in the actual and bona fide construction, maintenance, repair, improvement or reconstruction of any public or private street, highway, patio, driveway, road, private homesite, school site, hospital site or church site. (f) For the purpose of making pickups or deliveries of goods, wares and merchandise from any building or 4 Q — 2 — structure located on any restricted street within the Town of Los Altos Hills. (g) 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 any restricted street within the Town of Los Altos Hills and for which a building permit has been previously obtained. (h) Any vehicle subject to the provisions of Section 50 1/4 of the Public Utilities Act of the State of California; and any vehicle owned by a public utility while necessarily in use in the construction, installment or repair of any public utility, shall be excepted from the provisions of this Ordinance. Provided, however, that the place or places of pickup or delivery or moving about of equipment under subdivisions (a) (b) (a) (d) and the place of using the equipment or contents of vehicles referred to under subdivision (e) lie wholly within the Town of Los Altos Hills or within an unincorporated area, zoned residential or agricultural, and that is contiguous to the Town of Los Altos Hills and within a radius of not more than 3 miles from the nearest border of the Town of Los Altos Hills. Nothing in the preceding paragraphs shall be construed as preventing a pickup of goods, wares and merchandise from any place outside the areas mentioned for delivery into said limited areas for the purposes specified; nor as preventing the restricted pickups from such limited areas being taken to any place outside thereof, (both being subject however, to such route restrictions while moving over roads, streets and highways within the Town of Los Altos Hills as may be set forth in any permit issues for such movement.) Provided further, that any movement through, out of or into the Town of Los Altos Hills under any of exceptions (a) through (e) above set forth and under section 9-203 of this Ordinance shall not be made except upon the obtaining, at least 24 hours before the movement is commenced, of a permit from the Town Clerk and payment of a fee in the sum of $2.00 for each permit. Such permit,shall be applied for by written application upon a form to be supplied by the Town Clerk, in which it shall set forth the nature and size of the load to be transported, its destination, the number and description of the vehicles to be used, an estimate of the length of time required for such movements, the name and address of the consignee of the shipment or of the owner of the property involved, the place of storage or use of said equipment or vehicle. Permits hereunder shall be issued by the clerk upon a quarterly basis. No permit shall be valid beyond the last day of the quarter of the year for which it is issued. Any substantial change of movements of vehicles either in quantity or destination beyond the scope of a permit currently valid for any one quarter cannot be made unless a new permit is applied for and issued in the manner herein described and upon payment of an additional fee of $2.00 for each such renewal. Any permit issued shall specify and restrict to the permittee the number of trips permitted to any vehicle licensed hereunder the permit. The permit shall specify the period of which it is valid, the destination or destinations to which the vehicle is to go, and the route required to be used through or into or out of the Town by any such licensed vehicle. An appropriate sticker shall be issued by the Town. Clerk to the permittee for each vehicle to be licensed and such sticker shall be displayed in a prominent place on the vehicle. SECTION 9-203. Notwithstanding the weight restrictions established by this Ordinance, any owner or lessee of vehicles or of Special Highway Construction Equipment or of Implements of Husbandry who intends to make or is making a lawful use or lawful storage of such vehicles, equipment or implements within the Town of Los Altos Hills, may move such vehicles while empty or while transporting such equipment or implements to or from the place of such lawful use or storage over such route or routes as may be specified in a permit to be obtained by such owner or lessee pursuant to the permit provisions of this Ordinance. SECTION 9-204. Nothing in Sections 9-203 or 9-204 shall be construed as permitting any vehicle or vehicles to operate on the roads, streets or highways of Los Altos Hills with weights in excess of those permitted under the California Vehicle Code. SECTION 9-205. DEFINITIONS. The following definitions are hereby adopted and incor— porated within this Ordinance. "VESICLE." A "vehicle" is a device in, upon or by which any person -or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. The term "vehicle" wherever used in this Ordinance shall include the definitions of Motor vehicle, Truck Tractor, Farm Tractor, Road Tractor, Trailer, Special Mobile Equipment, — 3 — t 040 Q - 4 - 4 Special Highway Construction Equipment,, Agricultural Water— Well Boring Rig, Motor Truck, Auxiliary Dolly and Pole or Pipe Dolly, as defined in the California Vehicle Code.. "COMMERCIAL VEHICLE." A "commercial vehicle" is a vehicle of a type required -to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles. "IMPLEMENT OF HUSBANDRY." An "implement of husbandry" is a vehicle which is used exclusively in the conduct of agricultural operations. An implement of husbandry does not include a vehicle which is designed primarily for the transportation of persons or property on a highway, unless specifically designated as such by some other provision of the California Vehicle Code. "AGRICULTURAL PRODUCT." The term "agricultural product" means any plants, fruits, trees, domestic animals, foodstuffs - for humans or animals, whether processed or not, products of nurseries and greenhouses, fertilizers and dairy products. "STREET or HIGHWAY." "street" or "highway" is a way or place of whatever nature, -publicly maintained and open to the use of the public for purposes of vehicular travel. "PRIVATE ROAD OR DRIVEWAY." "Private road or driveway" is a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other members of the public. "SIDEWALY." "Sidewalk" is that portion of a highway, other than the roadway, set apart for pedestrian travel. "RESTRICTED STREET." "Restricted street" is defined as any -road, street or highway within the Town -of Los Altos Hills with reference to which any weight limits or restrictions have been'established by Ordinance of the Town of Los Altos Hills. "STRUCTURE." A "structure" is intended to be used in the sense used,by'Section 713 of'the California Vehicle Code. Providing that the definition herein given of a structure is not in conflict with the intended meaning of the California Vehicle Code, the word structure is intended to include any building designed -for a single family dwelling, any building designed to house domestic animals, any building for which a permit is required under any town ordinance before it can be constructed or remodeled, any swimming pool, tennis court or recreation facility for private residences, schools, hospitals, or community centers within the Town and any driveway, patio, sidewalk or gutter. - 4 - "PRIVATE HOMESITE." "Private homesite" is defined as land suitable for a single family dwelling under Town zoning and subdivision restrictions and under Town Standards including subdivision areas complying with such Town subdivision restrictions or standards of the Torn of Los Altos Hills. SECTION 9-206. I£ any section, sub -section, clause, sentence or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the remaining sections of this Ordinance. The City Council of the Town of Los Altos Hills hereby declares that it would have passed this Ordinance and each section, sub -section, sentence, phrase and clause thereof irrespective of the fact that any other section, sub -section, sentence, phrase or clause thereof be declared invalid or unconstitutional. SECTION 9-207. Any person, firm or corporation making any false statements in any application for a permit, or vio- lating any of the terms of this Ordinance other than exceeding the weight limitations herein specified, shall be guilty of a misdemeanor punishable by a fine not exceeding $300.00, or the detention in a jail currently being utilized by the Town of Los Altos Hills, sentence not exceeding 30 days, or both. Any person, firm or corporation violating any of the terms of this Ordinance with reference to weight limitations. shall be guilty of a misdemeanor punishable by a fine in accordance with the schedule and provisions set forth as follows: Bounds of excess weight Fine 1,000 - 1,500 . . . . . . . . . . . . . . . $ 10.00 1,501 - 2,000 . . . . . . . . . . . . . . . 15.00 2,001 - 2,500 . . . . . . . . . . . . . . . 20.00 2,501 - 3,000 . . . . . . . . . . . . . . . 25.00 39001 - 3,500 . . . . . . . . . . . . . . . 30.00 3,501 - 4,000 . . . . . . . . . . . . . . . 35.00 4,001 - 4,250 . . . . . . . . . . . . . . . 40.00 4,251 - 4,500 . . . . . . . . . . . . . . . 55.00 4,501 - 4,750 . . . . . . . . . . . . . . . 70.00 4,751 - 5,000 . . . . . . . . . . . . . 85.00 5,001 - 5,250 . . . . . . . . . . . . . . . 100.00 5,251 - 5,500 . . . . . . . . . . . . . . . 120.00 5,501 - 5,750 . . . . . . . . . . . . . . . 140.00 5,751 - 69000 . . . . . . . . . . . . . . . 160.00 6,001 - 6,250 . . . . . . . . . . . . . . . 180.00 6,251 - 6,500 . . . . . . . . . . . . . . . 205.00 6,501 - 6,750 . . . . . . . . . . . . . . 230.00 6,751 - 7,000 . . . . . . . . . . . . . . 255.00 7,001 - 7,250 . . . . . . . . . . . . . . . 280.00 7,251 - 7,500 . . . . . . . . . . . . . . . 310.00 7,501 - 7,750 . . . . . . . . . . . . . . . 340.00 7,751 - 8,000 . . . . . . . . . . . . . . . 370.00 - 5 - Y' 'c'. - 6 - ja J 8,001 - 8,250 . . . . . . . . . . . . . . . 400.00 8,251 - 8,500 . . . . . . . . . . . . . . . 435.00 8,501 - 8,750 . . . . . . . . . . . . . . . 470.00 8,751 - 9,000 . . . . . . . . . . . . . . . 505.00 9,001 - 9,250 . . . . . . . . . . . . 540.00 9,251 - 9,500 . . . . . . . . . . . . . . . 580.00 9,501 - 9,750 . . . . . . . . . . . . . 620.00 9,751 -10,000 . . . . . . . . . . . . . 660.00 10,001 -10,250 . . . . . . . . . . . . . . . 700.00 10,251 -10,500 . . . . . . . . . . . . . . . 730.00 10,501 -10,750 . . . . . . . . . . . . . . . 760.00 10,751 -11,000 . . . . . . . . . . . . . . . 790.00 11,001 -11,250 . . . . . . . . . . . . . . . 820.00 11,251 -11,500 . . . . . . . . . . . . . . . 850.00 11,501 -11,750 . . . . . . . . . . . . . . . 880.00 11,751 -12,000 . . . . . . . . . . . . . . . 910.00 124001 -12,250 . . . . . . . . . . . . . . . 940.00 12,251 -12,500 . . . . . . . . . . . . . . . 970.00 12,501 and over , , , , , , , , , , , , , , 1,000.00 The maximum fine under this section shall be one thousand dollars ($1,000). SECTION 9-208, Any provisions of Ordinance No. 17 heretofore enacted that are inconsistent or in conflict with the provisions of this amendment are hereby repealed. SECTION 9-209. This Ordinance shall be posted in 3 publlo places within the Town of Los Altos Hills and shall become effective 31 days after its adoption. Adopted at a regular meeting of the City Council, Town of Los Altos Hills this 14th day of January, 1957, by the following vote: AYES: Councilmen Bledsoe, Rothwell, Hoefler, Mayor Treat NOES: None. ABSENT: Councilman J.M. Fowle. Mayor of th Own of Los Altos Hills ATTEST: Clerk of the Town of Los Altos Hills - 6 - CERTIFIE 1 A True opy City Clark