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287 ORDINANCE NO. 287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING CHAPTER 10.04 OF TITLE 10 OF THE GRAND TERRACE MUNICIPAL CODE BY . RELOCATING AND RENUMBERING ARTICLE X VIOLATIONS IN ITS ENTIRETY AS ARTICLE XI AND REPLACING ARTICLE X IN ITS ENTIRETY WITH A NEW ARTICLE X ENTITLED DESIGNATED TRUCK ROUTE WHEREAS, California Vehicle Code Division 11, Chapter 1, Article 3 and California Vehicle-Code Division 15, Chapter 5, Article 4 provides the authority for local agencies to restrict truck traffic. WHEREAS, the establishment of a City Truck Route is warranted to restrict noise and traffic pollution and address safety concerns in residential areas. WHEREAS, it was determined that State funds were used in the maintenance of the streets that comprise the proposed truck route. Therefore, beginning September 30, 2015, the City issued public hearing notices four consecutive weeks and sixty (60) days in advance leading up to December 8, 2015 pursuant to the California Vehicle Code. WHEREAS, on December 8, 2015, the City Council of the City of Grand Terrace conducted a duly noticed public hearing on Truck Route Amendment to the Municipal Code at the Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and concluded the hearing on that date. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows SECTION 1. Chapter 10.04, Article X of the Grand Terrace Municipal Code is hereby by repealed and replaced, as follows: "ARTICLE X. DESIGNATED TRUCK ROUTE Section 10.04.630 Truck Route A. Whenever any ordinance of the city council designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight of ten thousand (10,000) pounds, such street or portion thereof shall be deemed a truck route. ORDINANCE NO. 287 PAGE 1 OF 4 JANUARY 12, 2016 B. When any such truck route is established and designated by appropriate signs, the -� operator of any vehicle exceeding a maximum gross weight limit of ten thousand (10,000) pounds shall drive on such route and none other, except that the operator of any vehicle exceeding a maximum gross weight of ten thousand (10,000) pounds coming from a truck route may use restricted streets 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 streets 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 streets for which a building permit has previously been obtained. The phrase "maximum gross weight" used in this section shall have the same meaning as the phrase "manufactured gross vehicle weight rating" defined in the California Vehicle Code Section 390. C. The provisions of this section shall not apply to: 1. School buses and passenger buses under the jurisdiction of the Public Utilities Commission, Metropolitan Transit Authority; Schools or 2. Any vehicle owned by a public utility while necessarily in use in the construction, installation of or repair of any public utility or 3. Emergency service vehicles. D. The following streets and portions of streets are designated and established as commercial vehicle truck routes: 1. Barton Road (within Grand Terrace City limit) 2. Mount Vernon Avenue from Barton Road to Main Street 3. Main Street from the westerly City limit to Mount Vernon Avenue 4. La Cadena Drive (within Grand Terrace City limit) E. The use of any street or part of any street not established as part of the truck route is hereby prohibited by any commercial vehicle (as defined by California Vehicle Code Section 260) exceeding a maximum gross weight of ten thousand (10,000) pounds, except as allowed in subsections B and C above. Appropriate signs shall be posted as designated by the California Department of Transportation "Traffic Manual" in accordance criteria established by the Public Works Director of the City of Grand Terrace, showing which streets are truck route. It shall be unlawful for any person to operate or park, or cause to be operated or parked, any vehicle in violation of this provision. SECTION 2. Chapter 10.04 of the Grand Terrace Municipal Code is hereby amended with the addition of an Article XI as follows: "ARTICLE XI.—VIOLATIONS 10.04.640 - Infraction—Fine. Any person violating any of the provisions of this chapter or disobeying any signs or markings _ installed pursuant to this chapter is guilty of an infraction. Pursuant to the Vehicle Code, every ORDINANCE NO. 287 PAGE 2 OF 4 JANUARY 12, 2016 _ person convicted of an infraction for a violation of any of the provisions of this chapter, except as otherwise provided in the Vehicle Code, shall be punished upon a first conviction by a fine not exceeding fifty dollars; for a second conviction within a period of one year by a fine of not exceeding one hundred dollars; and for a third or any subsequent conviction within that period of one year, by a fine not exceeding two hundred fifty dollars." SECTION 3. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional,then all other provisions shall remain valid and enforceable. SECTION 4. This ordinance shall take effect thirty days from the date of adoption. SECTION 5. First read at a regular meeting of the City Council held on the 8th day of December, 2015 and finally adopted and ordered posted at a regular meeting of said City Council on the 12th day of January, 2015. ATTEST: PafJacqu s _ E,Darcy cNa City_Clerk Approved as to form: 'chard L. Adams, II City Attorney ORDINANCE NO. 287 PAGE 3 OF 4 JANUARY 12, 2016 1 I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on the 8 of December 2015, and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12`h day of January 2016,by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None Pat Jac qu are City Clerk ORDINANCE NO. 287 PAGE 4 OF 4 JANUARY 12, 2016