Ordinance No. 009 - Vehicle Weight Limit on City StreetsORDINANCE NO. 9
AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING THE
MUNICIPAL CODE BY ADDING SECTION 3305 TO THE SAID
MUNICIPAL CODE, WHICH SECTION PROHIBITS THE USE OF
CERTAIN CITY STREETS BY VEHICLES EXCEEDING A MAXI-
MUM GROSS WEIGHT LIMIT OF MORE THAN 4000 POUNDS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1: AMENDING MUNICIPAL CODE.
The Rosemead Municipal Code is amended by adding Section
3305 thereto, which Section shall read as follows:
"SECTION 3305. A MAXIMUM GROSS WEIGHT LIMIT.
A. Pursuant to the provisions of Section 713 of
the Vehicle Code of the State of California, no person, firm
or corporation shall use or operate any commercial vehicle
or any vehicle exceeding the maximum gross weight limit of
4000 pounds on or over any of the following-described streets
within the City of Rosemead:
1.
• 3.
4.
5.
6.
Whitmore Avenue from Rosemead Place East
to the City Limits;
Sullivan Avenue;
Garrett Street;
Driggs Avenue;
Hegglis Avenue;
Rosemead Place;
B. The provisions of this Section are not applicable
with respect to any vehicle which is subject to the provisions
of Section 1031 - 1036 inclusive of the Public Utilities Code.
C. This Section shall not become effective until
signs are erected indicating those streets which are affected
by the provisions of this Section.
D. This Section shall not prohibit any commercial
vehicle coming from an unrestricted street for egress or
ingress by truck route to and from the restricted streets
as set forth in this Section when necessary for the purpose
of making pick-ups or delivering of goods, wares or merchan-
dise from and to any building or street located on any re-
stricted street or for the purpose of delivering materials
to be used in the actual or bona fide repair, alteration
or construction of any building or structure upon a public
restricted street for which a building permit has previously
been obtained therefore.
E. This Section shall not apply to any vehicle owned
by a public utility while necessarily in use in the construc-
tion, installation, or repair of any public utilities."
SECTION 2: VIOLATION, A MISDEMEANOR.
No person, firm or corporation shall violate any of the pro-
visions, or fail to comply with any of the requirements of this
Ordinance. Any person, firm or corporation 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, firm
or corporation convicted of a misdemeanor under the provisions of
this Ordinance, shall be punishable by a fine of not more than Five
Hundred Dollars, or by imprisonment in the City or County Jail for
a period not to exceed six months, or by both such fine and imprison-
ment. Each such person, firm or corporation shall be guilty of a
separate offense for each and every day during any portion of which
any provision of this Ordinance is committed, continued, cr permit-
ted by such person and shall be punishable accordingly.
1.
SECTION 3: EFFECTIVE DATE OF ORDINANCE.
Pursuant to the provisions of Section 36937 of the Government
Code of the State of California, this ordinance is hereby declared
to be an Ordinance for the preservation of public peace, health and
safety and shall therefore take effect immediately. The following
is a declaration of the facts constituting the urgency:
1. The City of Rosemead was incorporated as a general law
city of the State of California on the 4th day of August, 1959. On
the date of incorporation the City Council adopted by reference
the Traffic Ordinance of the County of Los Angeles, being Ordinance
No. 6544. Since the date of incorporation the City Council has
made a determined effort and study of the traffic problems and con-
ditions that exist within the City of Rosemead. The Road Commission-
er of the County of Los Angeles acting as the Road Commissioner of
the City of Rosemead has submitted his report to the City Council
of the City of Rosemead that the streets which are set forth in
this Ordinance are residential streets, are of narrow width, and
are of such a construction so that truck traffic on the same will
cause said streets to become deteriorated. Said streets are designed
solely for residential use, and to permit said streets to be used
by trucks or vehicles in excess of 4000 pounds will be injurious
and detrimental to the health and safety of the persons and children
who reside in the homes abutting said streets. The City of Rosemead
has at the present time no rules or Ordinances in effect which will
protect the said streets from unauthorized use and this Ordinance
must therefore take effect immediately.
SECTION 4. VALIDITY OF ORDINANCE.
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 ,juris-
diction, such decision shall not affect the validity of the remain-
ing portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, phrases, or por-
tions be declared invalid or unconstitutional.
PASSED AND ADOPTED this 23rd day of September , 1959 at
a regular meeting of the city Counc 1 of t e ' y of osemead, by
the following called vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
MAYOR OF HE CITY OF ROSEMEAD
ATTEST:
CITY CLERK OF THE CITY OF ROSEMEAD
2.