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Home My WebLink AboutORD 7 (1990)ORDINANCE NO. 7 (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE USE OF STREETS WITHIN THE CITY OF DIAMOND BAR BY COMMERCIAL VEHICLES AND BY ANY VEHICLE EXCEEDING A MAXIMUM GROSS WEIGHT OF TEN THOUSAND POUNDS, EXCEPT AS SPECIFIED HEREIN, ESTABLISHING PENALTIES THEREFOR AND REPEALING CHAPTER 15.48 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED. A. Recitals. (i) California Vehicle Code Section 35701 provides, in pertinent part, as follows: "(a) Any city,...may, by ordinance, prohibit the use of a street by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit, except with respect to any vehicle which is subject to Sections 1031 to 1036, inclusive, of the Public Utilities Code. "(b) The ordinance shall not be effective until appropriate signs are erected indicating either the streets affected by the ordinance or the streets not affected, as the local authority determines will best serve to give notice of the ordinance...." (ii) California Vehicle Code Section 35705 provides, in pertinent part, as follows: "Section 35701 shall not be applicable to any city street on which money from the State Highway Account in the State Transportation Fund has been or is used for construction or maintenance except in such cases as the legislative body of the city, after notice and hearing, determines to reduce weight limits on such streets..." (iii) A duly noticed public hearing, as required by California Vehicle Code Section 35705 was conducted by this City Council and concluded prior to the adoption of this Ordinance. 1 (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: section .1. In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2. Chapter 15.48 of Title 15 of the Los Angeles County Code, as heretofore adopted by reference, hereby is repealed, in its entirety. Section 3. (a) No commercial vehicle, and no vehicle exceeding a maximum gross weight of ten thousand (10,000) pounds, shall be used on any street within the City of Diamond Bar except a vehicle subject to the provisions of California Public Utilities Code Sections 1031 to 1036, inclusive, any vehicle otherwise exempted by any provision or provisions of State law, any vehicle complying with the provisions of Section 4 of this Ordinance and except as provided in subsection (b) of this section. (b) There are hereby established truck routes for use by vehicles exceeding a maximum gross weight of ten thousand (10,000) pounds and commercial vehicles during all hours of the day which truck routes are described as follows: 2 boundary; Lemon Avenue from Colima Road to the northerly City Colima Road from Lemon Avenue to Brea Canyon Road; Brea Canyon Road from Colima Road to the northerly City boundary; and Along Diamond Bar Boulevard from the Pomona Freeway (Route 60) northerly to 500 feet north of Sunset Crossing Road and are more specifically delineated by a plat set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Section 4. When any road, highway, street or streets are established and designated by appropriate signs as truck routes, the operator of any vehicle exceeding a maximum gross weight limit of ten thousand (10,000) pounds, or any commercial vehicle, shall not drive within the City of Diamond Bar on any route, street or highway not so designated, except when necessary to traverse a street or streets to a -destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck route as is reasonably necessary. The provisions of this Section shall not apply to passenger buses owned or operated by any public entity or to any vehicle subject to Sections 1031 to 1036, inclusive, of the California Public Utilities Code as the same presently exist or as they may be amended from time to time hereafter. 3 Section S. Violation by any person, firm, partnership or corporation of any of the provisions of this ordinance or for failure to comply with any of the requirements of this ordinance is an infraction. Every violation determined to be an infraction hereby is punishable by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation of the same provision or section of this ordinance within one year; and (3) a fine not exceeding $500 for each additional violation of the same provision or section of this ordinance within one year. section 6. The City Engineer hereby is authorized and instructed to post such signs as are reasonably necessary to advise motorists of the truck routes within the City established hereby. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. 1990. ADOPTED AND APPROVED this 19th day of June , 4 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of June , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of June , 1990, by the following vote: AYES: COUNCIL MEMBERS: Papen, Kim, Horcher, Mayor Pro Tem Forbing and NOES: COUNCIL MEMBERS: None Mayor Werner ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: N%1011%0TRUCKjDB5.8 Cit# Clej 3k :�of thY City of t)"Mobd _Ear H s i � l �� ,. -. � ��: ;' � � �� %�� ., ,. � r '. � � : I" ;� 1�3 r��- ,, ,; ;� � r' �� ,' }' � .;� N R. ��.�,, � .i' ..� <�� , 1 fi�� Y ., � � -: � � �� .. � � �� . _ . �� _ � �, ;; �� N �. � �� ,, .� �� ,.