HomeMy WebLinkAboutOrdinance No. O07-12ORDINANCE NO. O07-12
ORDINANCE FOR LAUREL CITY TRUCK ROUTES
AN ORDINANCE OF TI-IE CITY OF LAUREL, MONTANA, ESTABLISHING LOAD
LIMITS ON CITY STREETS; PROVIDING FOR TRUCK ROUTES AND FOR
LOADING AND UNLOADING; ESTABLISHING EXCEPTIONS; PROVIDING
ENFORCEMENT PROCEDURES AND DEFINITIONS;
AND PROVIDING FOR A PENALTY.
WHEREAS, based upon the following and for other reasons justified by the City of Laurel's
police power, the City of Laurel has determined that it is necessary to restrict heavy motor vehicle
traffic on certain roadways within the municipal boundaries oftha City of Laurel in order to protect
the public safety and general well being of its citizens and to preserve its local street and highway
infrastructure; and
WHEREAS, the City of Laurel is constituted by a majority of residential zoning districts and
streets, thereby creating roadways primarily used to connect those residential areas and for
residential purposes. Additionally, the residential streets are occupied by children at play and general
pedestrian traffic; and
WHEREAS, the City finds that these residential areas are not suited or safe for large and heavy
through vehicular traffic. Furthermore, the City finds it an imminent danger to the children and
citizens within these residential areas to have large and heavy motor vehicles utilizing such streets as
thoroughfares or cut through roadways; and
WHEREAS, many of the streets within the City are not constructed in width or otherwise to
adequately and sufficiently withstand the weight of heavy motor vehicles and use by such vehicles
has caused and will cause significant and premature damage to the integrity of the City's roadway
system. It is thereby necessary to restrict the usage of the roadways to protect and preserve the
integrity of the City's roadways; and
WHEREAS, the present roadway system within the City limits includes certain roadways, as
defined below, that are adequately constructed and designed for large and heavy motor vehicles and
that provide for travel and connectivity in east/west and north/south directions so that such vehicles
can and should utilize those roadways, pursuant to the following exceptions, in lieu of the other City
roadways for the protection and preservation of the public safety and general well being of our
citizens; and
WHEREAS, streets within the City limits of the City of Laurel, are not designed for trucks
carrying heavy loads and damage to the City streets often results; and
WHEREAS, trucks carrying heavy loads create public safety concerns for the City; and
WHEREAS, regulation of overweight trucks within the City will benefit and protect the public
safety and welfare of all citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LAUREL, MONTANA:
00% 12 Laurel City Truck Route 1
10.44.010 General
?,¥, V_ehicles_ with a combined base and total load weight is equal to or exceeding g 12 thousand pounds
cr mc. to shall not utilize any roadway within the City limits for travel and/or access through the City
unless the City has designated_ such roadway a truck route or alternative truck route. ~orw~aiot,s
10.44.020 Definitions
For the purposes of this chapter the following terms and phrases shall have the following meanings:
"Alternative Truck Route" mo. am roadways not daqigned as truck routes only for purposes ofdeliverin?
or receiving goods and services to a specific destination alon~, non-truck routes. If travel along a non
truck route is necessary for the above p~,mi~.qble purpose, then vehicles must use the nearest
intersection for entering and exiting restricted roadways.
"City" means the City of Laurel, Montana.
"Person" means any person, firm, partnership, association, corporation, company or organization of any
kind.
'Truck Route" means a way over certain streets, established by Resolution of the City Council, over and
along which trucks coming into, going out of and traveling within the City must operate.
"Restricted street" means all streets in the City except through truck routes and local truck routes as
herein established.
"Truck" is any vehicle designed or operated for the transportation of t.*'rcp~.~'-t,y materials whose
combined base and total load weight is equal to or exceeds g 12 thousand pounds; excepted herefrom
are unloaded agncu' ltural vehicles' ........ ~g~ *~ ~lflflmh~ ~.__1~ .... kg~.. ..... ~-..,--~]~'~a ~,.-~-'~ --v~-~ th*~ if used for the sole
purpose of passenger transportation when such vehicles emit no noxious or offensive'~dors.
"Local Delivery" means the delivery of goods, wares and services from one point within the City of
Laurel to another point within the City of Laurel. From the point of origination to the point of
termination, the delivery shall use the most direct mute.
"Local Service" means limiting the authorized use of City streets or avenues to those trucks which have
either point of origin or destination for immediate business purposes within the corporate limits of the
City·
007-12 Laurel City Truck P,~ute 2
"Available Route" means a street, madway or highway dedicated for and open to public motor vehicle
travel.
"Gross Vehicle Weight" means the sum of all axle bads ora vehicle, helming any trailers or trailers
connected to a vehicle.
"Direct Route" means the most feasible mute fi.om the closest unrestricted street consistent with the
intent to limit the use of streets in the residence districts of the City by commercial vehicles.
"Destination" or "Destinations" mean either a single delivery or several deliveries within multiple
delivery zones.
10.44.030 Vehicles Required to Use Truck Routes
Those streets and parts of streets established by resolution of the City Council are declared to be track
routes for the movement of vehicles whose combined base and total load weight is equal to or exceeds g
12 thousand pounds or as herein described:
m Mct;r Trucks of throe (3) or more axles that are more than si~
- twelve thousand w,v,,,,~ ~ 12,000)
pounds un
b. Truck tractors;
c. Trailers and semi-trailers, designated or used for commercial purposes, excluding camping
trailers, trailer coaches and utility trailers, where the primary use of the vehicle is non-commercial;
d. Any vehicle transporting hazardous materials for commercial purposes that is regulated by the
Montana Vehicle Code or other lawful authority; or
e. Any other motor truck not specified that is regulated by the Montana Public Utilities
Commission or the Interstate Commerce Con~ssio~
f. This Section excludes passenger vehicles for hire, as well as pickup trucks with or without
campers or camper shells.
10.44.040 Truck Traffic Originating Outside of City
A. No truck shall enter, leave or travel throu~,h the City unless traveling on a desionated truck mute.
B. All trucks entering the City for destinations outside the C~ty shall operate .... ~ .... on a through
truck mute.
C. All trucks entering the City for destinations in the City shall proceed,,.~ ...... .... on a *~ ..... ..... r~' truck
route and shall only deviate fi.om the truck mute to make a local delivery{s) ~ by the
007-12 Laurel City Truck Route 3
shortest and most direct route, tv, +~ ....... + 4.1~,,=~1~ ~. 1~1 '--I~[ .... $ ..... ' ,4 · A truck may go
directly to the next destination within the City by the shortest and most direct mute without returning to
the ~aq~41m~g~ truck route if it will result in a shorter distance being traveled on restricted
streets.
10.44.050 Truck Traffic OrbinatLn~, Inside the City
A. If any portion ora truck's trip is outside the City, even though its origin is inside the city, it shall be
considered as an outside origin trip upon re-entry into the City.
B. All trucks on a trip originating in the City and traveling in the City for destinations outside the City,
shall proceed by the shortest and most ' ,~.....~ ~. 1~1
direct mute to the nearest ..... c~ ....... truck mute.
C. All trucks on a trip originating in the City and traveling entirely within the City for destinations
within the City, shall proceed by the shortest and most direct mute to the nearest t?~'~ug~
...... truck
mute and shall deviate th~; ~m only by the shortest and most direct route between each destination
and the nearest t.~cA:g.h er !,~,al truck route except that a truck may go directly to the next destination by
the shortest and most direct mute without returning to the nearest ..... ~ ......... truck route if it will
result in a shorter distance being traveled on restricted streets.
10.44.060 Trucks Prohibited on Restricted Streets
A. All streets or parts of streets in the City of Laurel other than those designated '~- ..... k ~' ]hh~l
truck mutes are hereby designated as restricted streets.
B. When appropriate signs are erected, as hereinafter provided, no person shall operate, drive, cause or
permit to be operated or driven, any truck, as defined in this ordinance, on any restricted street, except
as hereinafter provided.
10.44.070 Exc_._eptions
This Title shall not protu'oit:
a. The operation of trucks upon any street where necessary to the conduct ofbusineas at a designation
point; provided, streets upon which such traffic is permitted are used until reaching the intersection
nearest the destination point.
b. The operation of emergency vehicles upon any street in the City.
c. The operation of trucks owned or operated by the City or contractors of the City ~
c~ntra~r cr :r. atcrZ'.a! ma~ while engaged in the repair, maintenance or construction of streets, street
improvements or street utilities within the City.
d. The operation of trucks upon any officially established detour in any case where such trucks could be
lawfully operated upon the street for which such detour is established.
e. The operation of unloaded trucks upon any street where such trucks are being driven to the owner's
or operator's premises for storage; provided, that streets upon which such traffic is permitted are used
until reaching the intersection nearest the destination point.
f. Truck travel offdesignated truck mutes pursuant to a Special Permit issued by the Mayor or his/her
designee pursuant to this Title.
1 0.44.080 Special Perrnit.q
The Mayor or his/her designee, may upon application in writing by the truck driver/owner, and for good
cause being shown therefore, may issue a Special Permit in writing authorizing the applicant to operate
or move a truck upon any public street, avenue or alley in the jurisdiction of the City. However, the
O0%12 Laurel City Truck Route 4
City may at its sole discretion, attach any conditions to the permit as are necessary to reasonably protect
the public safety and property.
The Mayor or his/her designee shall inspect the public street and shall determine the Pavement
Condition Index (PCI) of such street, avenue or alley requested to be traveled upon to determine
whether the street, avenue or alley at issue would withstand the repetitive passage of heavy-loaded
trucks.
The Mayor or his/her designee shall request a bond be posted, if deemed necessary, sufficient to cover
the extent of anticipated prospective damages that may be caused to the street, avenue or alley in the
jurisdiction of the City.
The Mayor's decision may be appealed to the City's Board of Appeals, that shall be heard at a specially
called meeting. The person(s) appealing the Mayor's decision shall prepare a written appeal and deliver
it to the Mayor. The Mayor shall forward the written appeal to the Board of Appeals for consideration
and hearing. The Board of Appeals shall schedule a meeting to hear the appeal no later than ten
working days after receipt of the appeal. The City shall notify the applicant of the meeting date, time
and location.
The Board of Appeals, upon reviewing and hearing the appeal, may affirm, deny or modify the decision
of the Mayor. The Board of Appeals' decision shall be rendered no later than five working days atter
the meeting. The Board of Appeals' decision is final.
10.44.090 Permit Fee
The City shall establish and collect a fee for the special permit through resolution of the City Council.
Peiafits may be issued for any reasonable period of time not exceeding one year. The fee shall be
collected by the City Clerk/Treasurer as a condition of the issuance of any Special Permit.
10.44.100 Revocation of Special Permit~
The Mayor or his/her designee may revoke any Special Permit granted pursuant to this Title upon
reasonable cause being shown that:
The permittee violated pemdt conditions or provisions; or
b. Public safety and/or property are endangered by the continuation of the periifit.
c. The City shall provide permittee notice of revocation in writing by the Mayor or his/her designee by
certified mail or hand delivery.
O07-12 Laurel City Truck l~ute 5
10.44.110 Penalties for Violation
Any person, violating the provisions of this Title or the terms or conditions of a Special Permit issued
pursuant to this Title, shall be liable for an infraction and upon first conviction thereof shall be fined not
less than fif[y dollars ($50) nor more than one-hundred dollars ($100). Upon a second conviction, the
violator may be assessed a fine of not less than one-hundred dollars ($100) nor more than two-hundred
dollars ($200). Upon a third or subsequent conviction a violator shall be fined not less than two-
hundred dollars ($200) or up to a maximum of five-hundred dollars ($500). For the purposes of
determining the number ofconvietions, the city court may include as prior convictions violations of this
chapter by operators of trucks owned by the same person, partnership or corporation, regardless of the
identity of the drivers involved in each violation.
10.44.120 Posting of Sien.q
The City shall cause all truck routes except highways that are part of the National System of Interstate
and Defense Highways and state highways to be posted with signs identifying them as truck mutes.
Signs designating a truck mute must specify the maximum axle weight permitted on the truck mute and,
by means of an arrow, shall specify the exact course of the truck mute. A street, mad or highway is not a
truck mute, or part thereof; unless posted as such, or unless the highway is a state highway or part of the
National System of Interstate and Defense highways.
10.44.130 Evidence of Points of Ori~qn and Destination
Any person operating a truck upon a street, mad, highway or portion thereof ........ that is not a truck
route shall have in his or her possession a log book, delivery slip or other evidence of his or her points
of ori_gin and destination to justify the presence of his or her truck upon such street, mad or highway.
O07-12 Laurel City Truck Route 6
Failure to produce such evidence upon the request of a police officer shall constitute a violation of City
this ordinance.
10.44.140 Enforcement
The City shall keep and maintain accurate maps setting forth the truck mutes and streets upon which
truck traffic is permitted. The maps shall be kept on file and made available to the public at tt~ City
Hail and the Police Department .................................. z. The Chief of Police or his or
her designee shall have the authority to require any person driving or in control ora truck to proceed to
any public or private scale available for the purpose of weighing and determining whether this
ordinance has been complied with. Upon such weighing, if it is determined that the truck so weighed is
in excess of the load limit, then the cost of such weighing shall be immediately due and payable by the
operator of the truck, and the track may be lawfully detained by the Police Department until such charge
has been paid. In the event that the weight of such truck is not in excess of the load limit, any charges
for weighing shall be paid by the City. Any charge for weighing under the terms of this Section shall be
in addition to any fine imposed for a violation of this Section,
10.44.150 Track Parkim,
It is unlawful and constitmes a public offense for any person to park a truck as defined above on any
street or avenue within the City, and outside of that area which may from time to time by the city
ordinance be designated as the centrai business district, except for an emergency or for loading and
unloading purposes.
10.44.160 Parking in F_reigN Loading Z_ones P_rohibited
A. No person shall stop, stand, or park any vehicle within a freight loading zone described in Section
!07.~..~30 10.48.030 for any purpose or period of time other than and while actually engaged in
expeditious loading and unloading, or pickup and loading ofmateriais.
B. The driver of any vehicle may stop temporarily in a fi.eight loading zone for the purpose of; and
while actuaily engaged in, loading or unloading passengers when such stopping does not interfere with
the use of the freight loading zone by any vehicle used for the pickup, delivery or transportation of
materials.
C. This section does not alter, affect, or amend any of the provisions of Sections 10.48.130 or
10.48.150 of this cede.
10.44.170 Liability for Street Damage
Applicability: Any person driving any vehicle, object or contrivance upon any street or street structure
shall be liable for all damages which the street or structure may sustain as a result of any illegal
operation, driving or moving any vehicle, object or contrivance, or as a result of operating, driving or
moving any vehicle, object or contrivance weighing in excess of the maximum weight in this title
O07-12 Laurel City Truck Route
7
except as provided by special permit.
10.44.180 Owner and Driver of Vehicle Jointly Liable
Whenever such driver is not the owner of such vehicle, object or contrivance, but is so operating,
driving or moving any vehicle, object or contrivance with express or implied permission of the owner,
then the owner and driver shall be jointly and severally liable for any damages caused by the driving of
such vehicle, object or contrivance upon the City streets or avenues or other City rights-of-way.
10.44.190 Civil Action
Such D_amage_s to city streets may be recovered in a civil action in the appropriate court of competent
jurisdiction brought by the City against the owner and/or driver of the vehicle, object or contrivance.
10.44.200 Municipal Court Hearin~
In any hearing in city court, unless credible evidence is produced demonstrating such immediate
business purposes such as a bill of lading or routing schedule, the operation of such truck on a
prohibited street or avenue shall be prima facie evidence of such violation of this title.
10.44.210 Reneal of Conflicting Ordinances
All ordinances and resolutions and parts thereof in conflict thereof are repealed.
This Ordinance shall become effective thirty (30) days after final passage by the City Council and
approval by the Mayor.
Introduced and passed on first reading at a regular meeting of the Laurel City Council on this 6th
day of November, 2007 by Council Member Hart
PASSED and ADOPTED by the Laurel City Council on second reading this 18th day of
December ,2007, upon motion of Council Member Dickerson
APPROVED BY THE MAYOR this 18th day of December ,2007.
ATTEST:
Mary Efi~bleton, Clerk-Treasurf~
~arr~S. P~L~g~l'-~u~l
Elk River Law Office, P.L.L.P.
O07-12 Laurel City Track Route 8