Loading...
HomeMy Public PortalAbout323CITY OF MEDINA ORDINANCE NO.323 AN ORDINANCE AMENDING SECTIONS 415 AND 430 OF THE CITY CODE REGARDING SEASONAL WEIGHT LIMITS AND OVERWEIGHT VEHICLES THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section I. Section 415 Seasonal Limits is amended by adding the underlined material and deleting the stricken through material as follows: 415. SEASONAL WEIGHT LIMITS; OVERWEIGHT COMMERCIAL VEHICLES 415.01. Posting Authorized Seasonal Weight Limits. The Sepelwisef Director of Public Works may prohibit the operation of vehicles upon any city street, road or highway under the jurisdiction of the city or impose restrictions as to the weight of vehicles to be operated upon any city street, road or highway, when, in the judgment of the Supervisor of Public Works, by reason of deterioration, rain, snow, or climatic conditions, such city street, road or highway will be serieusl-y may be damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof he reduced. 415.03. Posting of Read Weight Limits. The Super-visef Director of Public Works shall cause to be posted on any such city street; rea appropriate signs designating such restriction. 415.05. Civil and Criminal Penalty Liable for Damages. Any person pemlit7 who violates a posted load or vehicle restriction shall be subject to the penalty established by the Minnesota State Legislature for a misdemeanor, together with a Civil Penalty, pa liable to the City, equal to the value for the full amount of the damages caused by such violation. 415.07. Declaration of Emergency. The Director of Public Works shall monitor the condition of all roads under the jurisdiction of the city and the use thereof by vehicles over 9000 pounds gross weight, which vehicles are defined as trucks for purposes of this ordinance. Whenever the Director determines that the excessive use of any city road by trucks is likely to endanger public health or safety or may damage or destroy the road due to any condition, including but not limited to road deterioration, rain, snow, climatic conditions, soil or subsurface conditions, or sight lines, the Director may declare an emergency and prohibit or restrict truck traffic on the road. The Director may set conditions or limitations on the use of the road to protect public health and safety or prevent damage to the road, including requiring that a letter of credit or other financial guarantee be posted to compensate the city for damage to the road. Unless revoked or modified by the Director at an earlier date, the declaration of emergency shall continue until the next regular meeting of the city council. The city council may continue, modify or terminate the RHB-187632v 1 ME230-5 1 Ordinance 323 10-17-00 declaration of emergency as it deems appropriate in order to protect public health and safety and to prevent or minimize damage to city roads. 415.09 Truck Restrictions. The city council may prohibit or restrict the use of any road under the jurisdiction of the city by trucks. The city council may prohibit or restrict trucks on its own initiative, upon recommendation by the Director of Public Works, or upon receipt of a petition by the owners of no less than 35 percent in frontage of the real property abutting the road. The city council shall take action to prohibit or restrict trucks only after a hearing following notice to the owners of all property likely to be affected by such regulation. In determining whether to prohibit or restrict the use of any road by trucks, the city council shall consider the following factors: a) the design capacity of the road; b) the designation of the road in the transportation plan element of the city's comprehensive plan; c) the land uses of the properties abutting the road, including the number of residential uses; d) the number of persons likely to be affected; e) the effect on traffic on other roads within the community; f) the nature and degree of the threat to public health and safety; g) the availability of alternative methods of addressing the problem; and h) any other factors which the city council deems important. If the city council determines to prohibit or restrict trucks, it may do so for a specific period of time or until specified conditions occur or are abated. The Director of Public Works shall cause signs to be placed on any road so restricted so that the regulation may reasonably be determined by reading such sign. 415.11 Exceptions. Section 415.09 shall not apply to the following: a) school buses; b) emergency vehicles; c) vehicles serving residential properties or such street; d) municipal or utility maintenance vehicles; and e) agricultural equipment servicing property on that street. RHB-187632v1 2 Ordinance 323 ME230-5 10-17-00 415.13 Violations. Any person violating this ordinance shall be guilty of a misdemeanor for each such violation. Section II. Section 430 Prohibiting Overweight Vehicles is hereby repealed in its entirety. Section III. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this l7`h day of October, 2000. CITY OF MEDINA Paul Robinson, Administrator -Clerk -Treasurer Published on the 25th day of January, 2001 in the Lakeshore Weekly News. RHB-187632v1 ME230-5 3 Ordinance 323 10-17-00 STATE OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned publisher or editor of the Lakeshore Weekly News, swear that said the newspaper has its office of issue at 10001 Minnetonka Blvd, in the City of Minnetonka, in the County of Hennepin, State of Minnesota, and is a third class free distribution newspaper with a combined circulation of 25,000. I further state an oath that the printed Legal Notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed therin in the English language one a week for weeks(s), that it was first so published on the Z3 day of ) A,, 2001, and last appeared on the 25 day of 0A, , 2001. The following is a copy of the lower case alphabet which is acknowledged to have been the size and kind or type used in the publication of said notice. abcdefghijklmnopgrs tuvwx Signed (Publisher o Subscribed and sworn to before me this day of 'F AL, , 2001. Notary Public CHELSEA A TANGEN NOTARY PUBLIC— MINNESOTA py COMMISSION EXPIRES 1-31-2005 i PUBLIC NOTICE ORDINANCE #323 AMENDING SECTIONS 415 AND 430 OF THE CITY CODE REGARDING SEASONAL WEIGHT LIMITS AND OVERWEIGHT VEHICLES The City Council of the City of Medina has adopted Ordinance No. 323. The ordinance combines section 415 regarding seasonal weight limits with the former section 430 regarding commercial (truck) traffic. The amended ordinance clarifies the authority of the citys director of public works to impose seasonal weight limits. The ordi- nance also allows the director of public works to prohibit or limit truck traffic on an emergency basis whenever pub- lic safety or damage to city streets is threatened. The ordi- nance allows the city council in non -emergency situations to prohibit or limit commercial traffic on city streets if the council determines the public interest will be served. ;The. ordinance contains criteria which the council must con- sider before determining to prohibit or limit truck traffic. The full text of Ordinance No. 323 is available at Medina city hall during regular business hours. Adopted by the City Council of the City of Medina on October 17, 2000. Paul Robinson, Administrator -Clerk -Treasurer Published in the Lakeshore Weekly News this 25th day of January, 2001.