Chapter 10.03
RULES OF THE ROAD
Sections:
10.03.020 Driving through funeral processions.
10.03.030 Use of coasters, roller skates and similar devices.
10.03.040 One-way streets and alleys.
10.03.060 Terminal access for interstate trucks.
10.03.010 Speed limits.
A. The City Council has determined upon the basis of an engineering and traffic survey that the prima facie speed limit of 55 miles per hour, as provided by the Vehicle Code of the State of California, for that portion of Orestimba Creek Road, between the westerly City limits of the City and the intersection of said Orestimba Creek Road and “T” Street, is more than is reasonable and safe and that a prima facie speed limit of 25 miles per hour for that portion of said Orestimba Creek Road is found to be most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.
B. The City Council has determined, upon the basis of an engineering and traffic survey, that a prima facie speed limit of 35 miles per hour for that portion of Merced Street and Hills Ferry Road easterly of the Southern Pacific Railroad right-of-way to the City limits is found to be most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.
C. The City Council has determined, upon the basis of an engineering and traffic survey, that a prima facie speed limit of 35 miles per hour for that portion of Upper Road from Patchett Drive to the southerly City limits is found to be most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.
D. The City Council has determined, upon the basis of a traffic survey, that a prima facie speed limit of 45 miles per hour for that portion of Canal School Road from Hills Ferry Road to the southerly City limits is found to be most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. (Ord. 2009-9 § 1, 9-8-2009; Ord. 2003-1, 2-11-2003; Ord. 89-17, 10-10-1989; Ord. 89-9, 6-13-1989; Ord. 168, 12-26-1950)
10.03.020 Driving through funeral processions.
It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral procession; provided, that such vehicles are conspicuously so designated. (Ord. 2009-9 § 1, 9-8-2009)
10.03.030 Use of coasters, roller skates and similar devices.
It shall be unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device to go upon any roadway or upon any sidewalk in the business district. (Ord. 2009-9 § 1, 9-8-2009; Ord. 108, 8-12-1930)
10.03.040 One-way streets and alleys.
All vehicular traffic on Fresno Street, between its intersection with the westerly boundary of M Street and its intersection with the westerly boundary of the right-of-way of the Southern Pacific Railroad Company shall proceed in a westerly direction only, and driving in an easterly direction in said portion of said public street is hereby prohibited. Signs indicating the manner in which traffic shall move over said portion of said public street shall be installed. (Ord. 2009-9 § 1, 9-8-2009; Ord. 229, 1-23-1962)
10.03.050 Truck routes.
A. The following streets and portions of streets shall be designated and described as “truck routes” in the City:
1. Merced Street east of “N” (State Highway 33).
2. All of “N” Street (State Highway 33) within the City limits.
3. Inyo Street east of “N” Street (State Highway 33).
4. “O” Street from Merced Street to Inyo Street.
5. Stanislaus Street from “O” Street to “L” Street.
6. “L” Street from Merced Street to the City limits.
7. “M” Street from Kern Street to Inyo Street.
8. Kern Street from “N” Street (State Highway 33) to “M” Street.
9. Yolo Street between “N” Street (State Highway 33) and “S” Street.
10. Orestimba Creek Road westerly from “S” Street.
11. Upper Road southerly from Inyo Street.
B. When such “truck routes” are established and designated by appropriate signs, it shall be unlawful for the operator of any moving van, dump truck, tank truck used or designated for the purpose of transporting petroleum products, or any vehicle designed or used for the transportation of commodities or materials which vehicle exceeds a maximum gross weight of 10,000 pounds to operate said vehicle upon any street other than upon and over a “truck route” for any purpose other than to make a pickup or delivery, or to service or secure repairs to said vehicle. In travelling to or from the point of delivery, pickup service to or repair of said vehicle, the operator of said vehicle shall drive as far as possible upon and over a truck traffic route or truck route.
C. It shall be unlawful for the operator of any vehicle to tow or pull or push any other vehicle on any street of the City other than upon a “truck route” for any distance greater than is absolutely necessary.
D. Nothing herein shall be construed to prevent the driving and operating of fire apparatus upon any streets of the City, nor shall this section, by its terms, prevent equipment owned by the City from being operated upon any of the streets of the City. Neither shall this section by its terms be construed to apply to the moving of houses, buildings or structures upon and over the streets of the City where the permits required by ordinances or resolutions of the City, or any amendments thereto, have been first obtained. The provisions of this section shall not apply to:
1. Passenger buses under the jurisdiction of the Public Utilities Commission.
2. Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.
E. Any police officer shall have the authority to require any person driving or in control of any vehicle not proceeding over a “truck route” to proceed to any private or public scales available for the purpose of weighing and determining whether this section has been complied with.
F. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $500.00, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 2009-9 § 1, 9-8-2009; Ord. 87-7, 4-14-1987)
10.03.060 Terminal access for interstate trucks.
A. Authority. California Vehicle Code Sections 35401.5(b) and 35780.
B. Definitions. The following words and phrases shall have the meanings set forth, and if any word or phrase used in this section is not defined in this section, it shall have the meaning as set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage:
“Director of Public Works” means the Director of Public Works of the City of Newman, or his authorized representative.
“Interstate truck” means a truck tractor and semi-trailer or truck tractor, semi-trailer and trailer with length as required by the Vehicle Code.
“Oversized interstate trucks” means a semi-trailer while being towed by a motor truck or truck tractor, if the distance between the king pin to the rear most axle of the semi-trailer exceeds 40 feet for semi-trailers having two or more axles, or 38 feet for semi-trailers having one axle. Oversized interstate truck includes a combination of vehicles coupled together, including any attachments thereto, which consist of a truck tractor, a semi-trailer, and a trailer, exceeding 75 feet or a combination of any other vehicles exceeding a total length of 65 feet.
“Terminal” means any facility at which freight is consolidated to be shipped or when full load consignments may be loaded and off loaded, or at which the vehicles are regularly maintained, stored or manufactured.
C. Oversized Interstate Truck Permits Required.
1. Oversized interstate truck special permits shall be required for all oversized interstate trucks operating within the City.
2. This subsection shall not apply to State highways, the National System of Interstate and Defense Highways, or to highways specifically established and identified as providing reasonable access to facilities for fuel, food, lodging, and repair services.
D. Application for Oversized Interstate Truck Special Permit.
1. Application for an oversized interstate truck special permit shall be filed with the Department of Public Works, in writing, on a form prescribed by the Director, and shall be signed by the owner or operator of such interstate truck.
2. The application shall be accompanied by route maps as required by the Director, to show the proposed oversized interstate truck route requested with sufficient detail to show how such trucks can be accommodated on the proposed route.
3. A filing fee, in such amount as may be fixed from time to time by order or resolution of the City Council, shall be paid at the time the application is filed.
4. Special permits issued pursuant to this authority may be issued on a daily or annual basis as requested by the applicant and approved by the Director.
E. Special Permit Approval by the Director of Public Works.
1. Upon receipt of a completed application, the required application fees, and the proposed route maps, the Director of Public Works may, in his discretion, issue or deny the special permit requested.
2. The Director of Public Works shall consider public safety and preservation of highways when determining whether to issue a special permit for oversized interstate trucks pursuant to this section.
3. The Director of Public Works is authorized to issue permits for oversized interstate trucks when, at his discretion, it is determined that public safety and the preservation of highways justifies issuance of a special permit as authorized in this section.
4. An applicant denied a special permit or granted a conditional special permit under this section may appeal such action to the City Council within 10 days of said special permit action.
5. Upon receipt of an appeal from an applicant for review of special permit action, the City Council shall fix a time and place for public hearing of the application and give notice to all parties thereof no later than 10 days before such hearing.
6. At the conclusion of any hearing held by the City Council, the Council may approve or deny the application or may modify any of the proposed conditions attached to the approval of the application by the Director of Public Works.
7. Upon approval of an application, the City Council shall direct the Director of Public Works to issue the special permit. (Ord. 2009-9 § 1, 9-8-2009; Ord. 87-10, 10-27-1987)
10.03.070 Penalty.
Any person violating the provisions of this chapter shall be guilty of an administrative violation. (Ord. 2009-9 § 1, 9-8-2009)