Loading...
HomeMy WebLinkAbout1673 ORDINANCE NO. 1673 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 3214.15 INCREAS- ING THE PERMIT AND FILING FEES FOR USE OF RESTRICTED STREETS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 3214.15 of the Arcadia Municipal Code is hereby amended to read as follows: "3214.15. SECTIONS 13.4 THROUGH 13.14 ADDED. To Article XIII of said Uniform Traffic Ordinance are added new Sections 13.4 through 13.14, the same to read respectively as follows: Section 13.4. Permit to Use Restricted Street. Notwith- standing any other provisions of this Article, vehicles exceeding the maximum gross weight limit set forth in sub-paragraph (a) of Section 13.3 may be permitted to operate upon restricted streets from which they are excluded by this Article and by resolution of the Council upon obtaining a permit therefor pursuant to this Article. Section 13.5. Same. Application. Any person desiring to operate a non-exempt vehicle or vehicles exceeding a maximum gross weight limit of three (3) tons each along or upon any re- stricted street shall file an application, in triplicate, for a permit to do so, with the City Clerk, the original of which shall be verified. The application shall set forth the following in- formation: -1- 1673 ,a) ~ IU~~ ~aen~~I~ca~~on, ana ~ne re5~aence ~nQ ous~neS5 address of the applicant, including all members of any firm or part- nership, 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 identifi- cation of such person and his business and residence address, shall be given. (b) The (c) The (d) The and completed, and be conducted. facts constituting the necessity for the use. amount of materials expected to be hauled in tons. dates on which the use is intended to be commenced the times of day during which use is intended to (e) The particular streets or highways over which a per- mit to operate is requested. (f) The time interval between vehicles, and the number of vehicles per hour, which will travel over the route for which the permit is applied. (g) The locations of the place or places of delivery of the materials; provided, 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. (h) A specific description of the vehicle or vehicles and load to be operated or moved. (i) Whether such permit is requested for a single trip or for continuous operation. (j) Such further information as the City Manager may require. -2- 1673 Sec tion 13.6. . Same. Inves tiga tion . Imlnedia tely UDon the filing of an application for a permit pursuant to this Article, the City Manager shall make or cause to be made an investigation of the facts stated in the application. Section 13.7. Same. Application filing fee. At the time of filing an application for a permit pursuant to this Article, the applicant shall pay to the City, at the office of the City Treasurer, a filing fee of one hundred dollars ($100..00)' to cover the cost of the city's investigation of such application. Section 13.8. Same. Issuance; terms and conditions. If the City Manager, after considering the application and the results of the investigation required by Section 13.6, finds that the vehicle or vehicles described in said application may be operated upon the restricted streets set forth in the application without undue damage to the roadway, foundations, surfaces and structures of such restricted street or streets and that such proposed use is not inconsistent with the public health, safety, vlelfare and convenience, he ~ay, if good cause appears therefor, issue a permit upon the terms and conditions that he believes are necessary to assure against such damage and to protect the public health, safety, welfare and conven- ience authorizing the applicant to operate a non-exempt vehicle or vehicles over and upon restricted streets within the City for a period not to exceed six months. The Manager shall render his de- cision in writing on the application within ten (10) days of the filing thereof. Section 13.9. Same. Permit fees. Any permittee authorized by permit issued pursuant to this Article to operate a non-exempt vehicle over three (3) tons gross weight over or upon a restricted street within the City shall pay to the City, as a liquidated Slli~, in paJ~ent for and in full satisfaction of all carnages and injury to such restricted street which will be caused by such vehicle operating on said street, the sum of two cents per ton for ~ach ton - 3- 16.73 of vehicle and load carried therein times each 528 feet or part thereof of 'such restricted street Upon which said vehicle is operated. Payment of such sum is necessary to protect such restricted streets from the actual damage and injury which will result from the operation of such vehicles and by reason of the difficulty in computing such damages. ~~o cents per ton per 528 feet of such restricted street shall be a reasonable SQm for the use of such restricted streets as a condition of operation of such vehicles thereon. The City Manager is authorized to accept such sums in full satisfaction for all damages and injury to such restricted streets to be caused by such vehicles and is authorized to enter into an agreement, stipulating to the acceptance of such sums as full satisfaction for all damages and injury to occur from the use of such restricted streets by said vehicles. Payment of such fees shall be made in monthly installments and shall be paid to the City Treasurer on or before the tenth day of the month succeeding the use of said restricted street or streets with the deposit required by this Article to be applied on the pay",ent due fo~ the last calendar month of operation O~ part thereof, Section 13.10. Same. Deposit required. The City Manager shall require, as a condition to the issuance of any permit pursuant to this article, that the applicant, prior to the issuance of the permit, deposit with the City Treasurer as security for the pay~ent of fees specified in section 13.9, a SQm of money to be fixed by the City Manager. Such deposit shall be based upon the estimated fees which will become due during the first month of permittee's use of restricted streets pursuant to the permit. Upon completion or termination of the use permitted by said permit the deposit shall be applied to the SQm due from the permittee for J, -~- 1673 the previous month's qperation or use and any excess ~~all be returned to the permittee by the City Treasurer. In the event the amount of the deposit is less than the amount due from the permittee for the last month of his operation or use of restricted streets as computed pursuant to section 13.5, the permittee shall pay such deficiency on or before the lOth day of the first month after the permittee ceases to use said restricted streets as authorized by said permit. The amount of the deposit under this section shall be returned to the applicant if, prior to the commencement of any use pursuant to such application, the applicant notifies the City Manager in writing of his intention not to engage in the permitted use and demands return of such deposit. In such event the City Manager shall cause the deposit to be returned to applicant and the permit shall thereupon become null and void. Section 13.11. Same. Surety bond. The City Manager may if he deems it desireable and .necessary ~o protect the interest of the City and its citizens require in addition to the deposit set forth in section 13.10, as a condition of the issuance of any permit pursuant to this article, a cash bond or in lieu thereof, a corporate surety bond, in an amount to be fixed by the City Manager, in a form to be approved by the City Attorney, inuring to the benefit of the City and guaranteeing that the applicant will faithfully perform all of the conditions and requirements specified in the permit. Section 13.12. Same. Display. A copy of every permit issued pursuant to this Article shall be carried in the vehicle or combination of vehicles to which it refers and said copy of the permit shall be open to inspection by any peace officer or any other officer or governmental employee charged with the care or -5- 16J3 protection of such streets. Section 13.13. Same. Right of Appeal. a. In the event the City Manager denys an application for permit made pursuant to the provisions of this Article or imposes conditions or terms which the applicant feels are inappropriate or unwarranted the applicant may, within five days after the date the City Manager notifies the applicant in writing of his decision on the said application, file with the City Clerk a written notice of appeal to the City Council from such decision. Before accepting for filing any such notice of appeal the Clerk shall charge and collect a fee of Twenty Five dollars ($25.00). Upon receipt of said notice of appeal and the payment of said fee, the City Clerk shall set a hearing on such appeal before the City Council for the next succeeding regular meeting after the date of filing of such notice. b. At the time set for hearing the City Council may summon witnesses and hear evidence relating to the application. The Council may, if it deems it necessary, 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 appropriate. The findings and order of the City Council shall be final and conclusive on the application. Section 13.14. Same. Suspension and revocation. a. The Council may revoke any permit issued by the City Manager or the Council under the provisions of this Article upon any ground upon which such permit could or should have been denied in the first instance or whenever the Council is satisfied -6- 1673' that the conduct. of toe permittee's Uqe of such restr~cted streets does or will in any manner endanger, threaten or Jeopardize the public health, safety, peace or welfare or that such permit was obtained upon false or misleading statements or representations of or on behalf of the applicant. b. The Council may revoke or suspend any permit issued by it or the City Manager under the provisions of this Article where the permittee or his employees violate or permit any infraction of any law of the State, or any provision of this Code, or any condition of the permit in connection with permittee's use of such restricted streets under the terms of said permit. c. For' any of the reasons specified in the preceding sub-sections the Council may suspend or revoke any permit under the provisions of this Article after a public hearing afforded the permittee upon at least five days written notice mailed to the permittee at the address shown in his application for such permit. d. For any reasons specified in the preceding sub- sections the City Manager may by written order temporarily suspend any permit issued under the provisions of this Article by mailing a copy of said written order to the permittee at the address shown on his application for such permit or by personally serving a copy upon the permittee. Such suspension shall remain in full force and effect until the next regular meeting of the Council, at which time the Council shall consider the matter of the temporary suspension and may thereupon rescind, modify or continue such suspension or may revoke such permit or affix new. or different terms to the continuation of such permit. " -7- 1673 .SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the 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 de~lared invalid or unconstitutional. SECTION 3. 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 com- mitted prior to the effective date hereof, nor be construed as affect- ing any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions 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 4. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 3rd day of April , 1979. SIGNED AND APPROVED this 3rd day of April , 1979. 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 3rd day of April 1979, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Saelid and Parry NOES: None ABSENT: Councilmen -8- 1673