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HomeMy WebLinkAbout1721 ARCADIA MUNICIPAL CODE BY ADDING SECTION 3214.17 THERETO WHICH ADDS SECTION 10.16 AND ITS SUBSEC- TIONS TO ARTICLE X.OF THE UNIFORM TRAFFIC ORDINANCE RESTRICTING THE PARKING OF VEHICLES TRANSPORTING HAZARDOUS MATERIALS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by add- ing thereto Section 3214.17 which adds Section 10.16 and its subsections to Article X of the Uniform Traffic Ordinance, to read as follows: "3214.17. SECTION 10.16 ADDED. To Article X of said Uniform Traffic Ordinance is added Section 10.16 and its subsections as follows: Section 10.16. Vehicles Transporting Hazardous Materials. A vehicle transporting a hazardous material or substance as identi- fied in Title 49 of the Code of Federal Regulations, as amended from time to time, a copy of which is on file with the office of the City Clerk, Arcadia Police Department, and Fire Department, which materials and sub- stances are by this reference incorporated herein, must be attended at all times by its driver or a qualified representative of the motor car- rier that operates it, and shall not be parked on any highway, highway shoulder, street, alley, public way or public place, or within 5 feet of the traveled portion thereof, within a residential zone or within 1,000 feet of any school or hospital or within 300 feet of any bridge or tunnel, except for brief periods when mechanical or equipment failure or disablement or malfunction of the vehicle, or the necessities of operation require the vehicle to be parked and make it impractical to park the vehicle in any other place. Section 10.16.1. Same. Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel delivery, and vehicles delivering life support and health commodities, while servicing residential areas or schools, are exempt from the provisions of Section 10.16. Addition- ally, such exempt vehicles need not be attended.while the drivers are performing duties that are evident and necessary as the operator of the vehicle or the provider of the service. -1- 1721 - . . _ __ ...................L........u ..LV...LV allU It:S subsections: A. A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his unobstructed field of view. B. A qualified representative of a motor carrier is a person who: (1) Has designated by the carrier to attend the vehicle. (2) Is aware of the nature of the hazardous material or substance contained in the vehicle he attends. (3) Has been instructed on the procedures he must follow in emergencies concerning hazardous materials or substances. (4) Is authorized to move the vehicle and has the means and ability to do so. Section 10.16.3. Same. The rules of Section 10.16 and its sub- section do not relieve a driver from any obligation imposed by Federal, State, or local laws relating to the transportation of hazardous materials or explosives, motor carrier safety regulations, or the placement of warn- ing signs or devices when a motor vehicle is stopped on a public street or highway. II SECTION 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3.. In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. -2- 1721 , a no a ect t e validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution fOr violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal pro- visions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify passage and adoption of this ordinance and shall cause the published in the official newspaper of the City of Arcadia fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL at its regular meeting.h~ld on the 19th SIGNED AND APPROVED this 19th to the same to within be ATTE~T' . 2~ 1-iJ ~ ~y Cle~f the City of Arca ~a of the City of of May, 198!. May, 1981 Arcadia Mayor of the City of Arcadia I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 19th day of May, 1981, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Dring, Haltom, Pellegrino, Saelid and Gilb NOES: None ABSENT: None ~Aj~~. C~ty Clerk of t e C~ty of Arcadia -3- 1721 . '., . ~