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HomeMy Public PortalAbout396CITY OF MEDINA ORDINANCE NO.396 An Ordinance Amending Section 415 of the Code of Ordinances Regarding the Regulation of Truck Traffic The city council of the city of Medina ordains as follows: SECTION I. The Medina code of ordinances is amended by deleting the stricken material and adding the underlined material as follows: 415. Seasonal Weight Limits; Commercial Vehicles Regulation of Truck Traffic. 415.01. Seasonal Weight Limits. The Director of Public Works may prohibit the operation of vehicles upon any street under the jurisdiction of the city or impose restrictions as to the weight of vehicles to be operated upon any city street when, by reason of deterioration, rain, snow, or climatic conditions, such city street may be damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof reduced. 415.03. Posting of Weight Limits. The Director of Public Works shall cause to be posted on any such city street appropriate signs designating such restriction. 415.05. Liable for Damages. Any person who violates a posted load or vehicle restriction shall be liable to the City for the full amount of the damages caused by such violation. 415.07. Deelaratien-ef-EniefgeneyAdministrative Regulation of Trucks. The Director of Public Works shall monitor the condition of all streets 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 street by trucks has or is likely to endanger public health or safety or that such use has or may damage or destroy the street 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 restrictregulate, restrict or prohibit truck traffic on the street. The director may set conditions or limitations on the use of the street to protect public health and safety or to prevent damage to the street, including requiring that a letter of credit or other financial guarantee be posted to compensate the city for damage to the street, establishing haul routes and restricting hours of operation. Any person aggrieved by a decision of the Director of Public Works regarding regulation of truck traffic under this section may appeal that decision to the city council. 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 declaration of emergencyregulations as it deems appropriate in order to protect public health and safety and to prevent or minimize damage to city streets. Ordinance No. 396 December 6, 2005 415.09 Truck RestrictionsRegulation of Trucks by City Council. The city council may prohibit or restrict the use of any street 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 50 percent in frontage of the real property abutting or accessing the street. 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 street by trucks, the city council shall consider the following factors: a) the design capacity of the street; b) the designation of the street in the transportation plan element of the city's comprehensive plan; c) the land uses of the properties abutting the street, including the number of residential uses; d) the number of persons likely to be affected; e) the effect on traffic on other streets 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 street 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 on such street; d) municipal or utility maintenance vehicles; and e) agricultural equipment servicing property on that street. Ordinance No. 396 December 6, 2005 2 415.13. Violations. Any person violating any provision of this ordinance shall be guilty of a misdemeanor for each such violation. SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the city council of the City of Medina this 6a' day of December, 2005. ce D. Wor an, Mayor ATTEST: a4. A(_,„„..„ Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 12`h day of December, 2005. Ordinance No. 396 December 6, 2005 3