Ordinance No. 558ORDINANCE NO. 558
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS REPEALING SECTION 16 -74 OF CHAPTER 16 OF
THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, AND
ADDING SECTIONS 16 -74 AND 16 -74.1 TO THE CODE OF
THE CITY OF CYPRESS, CALIFORNIA, FOR RESTRICTED
USE OF CERTAIN STREETS.
The City Council of the City of Cypress, California does ordain
as follows:
Section 1: Section 16 -74 of Chapter 16 of the Code of the City
of Cypress, California is hereby repealed.
Section 2: The following sections hereby are added to the Code
of the City of Cypress:
Section 16 -74. Restricted Use of Certain Streets -- Truck
Routes
15
(a) Whenever any ordinance of this City 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 three tons, the City Traffic
Engineer is hereby authorized to designate the same by appropriate signs as
"Truck Routes" for the movement of vehicles exceeding a maximum gross weight
of three tons.
(b) When any such truck route or routes are established and de-
signated by appropriate signs, the operator of any vehicle exceeding a
maximum gross weight of three tons shall drive on such route or routes and
none other; provided, however, that nothing in this Section shall prohibit
the operator of any vehicle exceeding a maximum gross weight of three tons
from having egress and ingress by direct route to and from 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 re-
stricted 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.
(c) The provisions of this Section shall not apply to any
vehicle which is subject to the provisions of Sections 1031 to 1036,
inclusive, of the Public Utilities Code; to any vehicle owned by a public
utility or by a licensed contractor while necessarily in use in the construc-
tion, installation or repair of any public utility; or to any vehicle used
to transport students to and from a bona fide institution of learning while
in use for such transportation.
(d) The provisions of this Section shall not apply to any
vehicle having not more than three axles, designed by the manufacturer
thereof for the collection and transportation of garbage, rubbish or refuse
and which is used regularly for such collection and transportation by any
person engaged in the business of or in providing the service of collecting,
transporting, and disposing of garbage, rubbish, or refuse, provided that the
excess weight of such vehicle is not more than that permitted by Vehicle
Code Sections 35722 and 35723 and provided further that such vehicle is
engaged in the collection and transportation of garbage, rubbish, or refuse.
(e) Those streets and parts of streets set forth herein are
hereby declared to be truck routes for the movement of vehicles exceeding
a maximum gross weight of three tons:
1. Ball Road from west City limits to east City limits.
2. Cerritos Avenue from west City limits to east City limits.
3. Katella Avenue from west City limits to east City limits.
4. Knott Street from south City limits to north City limits.
16
5. Lincoln Avenue from west City limits to east City limits.
6. Moody Street from south City limits to north City limits.
7. Valley View Street from south City limits to north City
limits.
(f) No provision of the Vehicle Code or of this Section for which
signs are required shall be enforced against an alleged violator unless appro-
priate legible signs are in place giving notice thereof.
Section 16 -74.1. Loads Exceeding the Maximum.
(a) Permit Required.
It shall be unlawful for any person to move, or to permit or cause
to be moved, any vehicle or combination of vehicles or special mobile equip-
ment of a size or weight of vehicle or load exceeding the maximum specified
in the State of California Vehicle Code, upon any public street or place in
the City, without first obtaining a permit therefor from the County of Orange,
Permit Engineer as required by this Section.
(b) Application for Permit.
Application for a permit to move loads exceeding the maximum upon
the public streets of this City, together with the fee required for the type
of permit requested shall be filed with the County of Orange, Permit Engineer,
at least twenty -four (24) hours prior to the time such load is to be moved
upon the public streets of the City.
(c) Fee.
The fee for each permit issued under the provisions of this Section
shall be the current fee required by the County of Orange per vehicle or
combination of vehicles; and the fee for a permit for a twelve month period
shall be the current annual Orange County fee.
(d) Contents of Application.
Each application for each Overload Permit must show:
1. Length of time for which permit is requested, i.e., for
a single trip, or annual.
2. Except in requests for annual permits, a statement of
the route.
3. A description of the type of load to be moved, and if
the request is for an annual permit, the number of trips
contemplated.
4. The complete identity and address of the applicant.
5. A complete description of the vehicle or vehicles to be
operated, including the weight, and the name of the
registered owner of the vehicle.
6. Such other information as the County of Orange Road
Department determines necessary to carry out the provi-
sions of this Section.
(e) Action Upon the Application.
The Permit Ergineer, upon receipt of an application for a Permit,
shall immediately transmit a copy thereof to the Chief of Police.
In accordance with Sections 35780 through 35784, Vehicle Code, State
of California, upon an application in writing, and if the applicant shows good
cause, the Permit Engineer may, in his discretion, issue a permit in writing
authorizing the operation, upon a City street or streets, of a vehicle or
2.
17
combination of vehicles the size or weight or load of which exceeds the
maximum specified in the Vehicle Code, Division 15. The permit may be for
such length of time, up to a period of twelve months, and for such number
of operations, limited or unlimited, as the Permit Engineer may deem advisable.
In granting the application, the Permit Engineer may make such
conditions and restrictions as may be reasonably necessary to protect the
public peace, health, and safety of the citizens of the City, and to cause
the least possible damage to public streets and alleys including signs, trees,
street lights, and any other public improvements in the right -of -way, public
utility poles, lines, water mains, gas mains, and like appurtenances.
(f) Displacement of Property of Public Utility.
Whenever the moving of any overload shall require the removal or
displacement of any wire or other property of any public utility, it shall
be the duty of the applicant to give notice and make such deposits as are
required by the affected public utility, and of the public utility to act in
an efficient and expeditious manner to remove or displace or cause to be
removed or displaced, such wire or other property.
(g) Movement.
When any overload must be moved at night, and the Permit Engineer
has issued a permit therefor, warning lights must be placed upon such over
load to indicate the clearance of such overload in the front, and on the rear,
and each side. Such warning lights must be visible from a distance of 1,000
feet from the front, rear and each side and there must be at least four such
warning lights visible from the front, rear, and each side of such overload.
Pilot vehicles must be employed to warn approaching traffic of the presence
of such overload. The Permit Engineer may require such additional warning
and signs he deems necessary for the protection of other drivers.
(h) Insurance and Bond Requirements.
(1) Public Liability Insurance.
The applicant shall indemnify and save harmless the City, the
City Council, the Director of Public Works, and other City employees from
any suits, claims or actions brought by any person or persons for or on
account of any injuries or damages sustained because of or arising out of
the movement of an overload upon the City streets. The applicant shall fur-
nish to the County, and maintain during the period for which an overload
permit is issued, a public liability policy in which the City is named as
an additional insured. The policy shall insure the City, its officers and
employees while acting within the scope of their duties, against all claims
arising out of or in connection with the movement of, or having on the
streets, the overload. The policy shall provide for not less than the followilw
amounts:
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $100,000 each accident
(2) Report of Damage.
Permittee shall report any damage to any property, public or
private, as a result of moving or having upon public streets, any overload.
Such report shall be presented to the Director of Public Works within 24 hours
after such damage is caused. Such report shall include the location, cause,
and description of any such damages, and the names of any witnesses.
(3) Responsibility for Damage.
The City, the City Council, the Director of Public Works, or
any City employee shall not be liable for any loss or damage arising out of
any violation or failure to comply with this Section.
(i) Approval of Ordinance.
Any provision of this Ordinance which regulates traffic or delegates
the regulation of traffic upon State Highways in any way for which the approval
18
of the State Department of Transportation is required by law shall cease to
be operative six months after receipt by the City Council of written notice
of withdrawal of approval by the State Department of Transportation.
Whenever this Ordinance delegates authority to a City officer, or
authorizes action by the City Council to regulate traffic upon a State Highway
in any way which by law requires the prior approval of the State Department of
Transportation, no such officer shall exercise such authority, nor shall such
action by the City Council be effective, with respect to any State Highway
without the prior approval in writing of the State Department of Transportation
in and to the extent required by Section 35702 of the Vehicle Code.
(j) Delegation of Authority to Road Commissioner.
Pursuant to the provisions of Section 35796 of the California
Vehicle Code, all of the powers listed in Section 16 -74.1 of this Ordinance
are hereby delegated to the County of Orange Road Commissioner and /or his
authorized appointed official.
(k) Exclusions, Movement of Buildings.
Nothing contained herein shall relieve a person proposing to move
a building over city streets from the requirement of obtaining a housemover's
permit pursuant to Sections 5 -5 through 5 -11 of this Code.
Section 3. Severability.
If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the deci-
sion of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance or its application
to other persons or places. The City Council hereby declares that it would
have adopted this ordinance, and each section, subsection, subdivision, sen-
tence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases,
or portions or the application thereof to any person or place, be declared
invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 8th day of September, 1975.
ATTEST:
7
CITY C ERK T
`HE CITT?OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
--mAioROFTfii CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the 8th day of September, 1975, by the following
roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
4.
F THE OF CYPRESS
E TY