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HomeMy Public PortalAbout420CITY OF MEDINA ORDINANCE NO.420 AN ORDINANCE REGARDING REGULATION OF TRUCK TRAFFIC; ESTABLISHING TRUCK LOAD LIMITS; ESTABLISHING TRUCK PERMITS FOR EXCEEDING LOAD LIMITS The City Council of the City of Medina ordains as follows: Section I. Section 415 of the code of ordinances of the city of Medina is amended by adding the underlined and deleting the stricken language as follows: 415. SEASONAL WEIGHT LIMITS; REGULATION OF TRUCK TRAFFIC 1. Section 415.01. Seasonal Weight Limits; Posting. The Director of Public Works Superintendent 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. Section "' ting of Weight Limits. The Director of Public Works Superintendent shall cause to be posted on any such city street appropriate signs designating such restriction. 2. vehicle restriction shall be liable to the City for the full amount of the damages caused by such violation. eeetion 4, S 7. Section 415.03. Administrative Regulation of Trucks. The Director of Public Works Superintendent shall monitor the condition of all readsstreets under the jurisdiction of the city and the use thereof by vehicles over 90009,000 pounds gross weight, which vehicles are defined as trucks for purposes of this ordinancesection. Whenever the Director Superintendent determines that the excessive use of any city feadstreet by trucks has or is likely to endanger public health or safety or that such use has or may damage or destroy the roadstreet due to any condition, including but not limited to roadstreet deterioration, rain, snow, climatic conditions, soil or subsurface conditions, or sight lines, the Director Superintendent may regulate, restrict, or prohibit truck traffic on the roadstreet. The Direeter Superintendent may set conditions or limitations on the use of the feadstreet to protect public health and safety or to prevent damage to the roadstreet, including requiring that a letter of credit or other financial guarantee be posted to compensate the city for damage to the feadstreet, establishing haul routes and restricting hours of operation. Any person aggrieved by a decision of the Director of Public Works Superintendent regarding regulation of truck traffic under this section may appeal that decision to the city council. The city council may continue, modify or terminate the regulations as it deems appropriate in order to protect public health and safety and to prevent or minimize damage to city readsstreets. Ordinance No. 420 February 20, 2007 1 3. Section 415.05. Minnesota Statutes, Chapters 168, 169 and 171 Adopted by Reference. Except as otherwise provided in this ordinance, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Traffic Regulation Act) and Chapter 171, as amended through Laws of 2006, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. 4. Section 415.07. Truck Traffic. The city council finds that certain streets within the city receive excessive wear and damage as a result of heavy truck traffic. The council also finds there is an increased danger to children and other citizens as a result of heavy truck traffic over certain city streets and that truck traffic can reasonably be prohibited on certain streets to eliminate a majority of the safety and property damage concerns. 5. Section 415.09. Reeulation-of-Trueks-hv-Git-he-eit-y-c-elineil-may prohibit or restrict the use of any road under thc jurisdiction of thc 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 35 percent in frontage of the real property abutting the road.Desi2nation of Truck Routes. a) The city council is hereby authorized to prohibit truck traffic on certain routes within the city. Such designation shall be by city council resolution. The city council shall take action to prohibit or restrict trucks only after a hearing following notice to the e fall port., likely to be aff cted by s ,ch , R,.l.,t;on I., ,atop. ini g whether to prohibit or restrict the use of any road by trucksalso cause the truck route designation resolution to be published and shall clearly mark the prohibited streets with appropriate signs. b) In designating which streets may not be used by trucks prior to adoption of the designation resolution or when amending the same from time to time, the city council shall consider the following factors: (al) the design capacity of the roadstreet; (b2) the designation of the roadstreet in the transportation plan element of the city's comprehensive plan; (e3) the land uses of the properties abutting the readstreet, including the number of residential uses; 014) the number of persons likely to be affected; (e5) the effect on traffic on other readsstreets within the community; (f6) the nature and degree of the threat to public health and safety; (g7) the availability of alternative methods of addressing the problem; and Ordinance No. 420 February 20, 2007 2 (h8) 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 Superintendent shall cause signs to be placed on any roadstreet so restricted so that the regulation may reasonably be determined by reading such sign. 6. Section 415.011. Trucks Subject to Designated Route. All trucks that are licensed for a gross vehicle weight in excess of thirty-five thousand pounds (35,000 lbs.) shall be subject to this ordinance. 7. Section 415.11415.013. Exceptions. Section /115.09415.11 shall not apply to the following: (a) school buses; (b) emergency vehicles; (c) vehicles serving residential properties or such streetgarbage or recycling vehicles while on their collection routes; (d) municipal or utility maintenance vehicles while engaged in constructing, maintaining or repairing streets or utilities; and (e) agricultural equipment servicing property on that street. 8. Section 415.15 Permit to Exceed Weight Limit. Subd. 1. Application. The city administrator may, upon application, issue a permit for use of the streets within the city by vehicles having a licensed gross weight in excess of 35,000 pounds if travel on a non -truck route is reasonably required in order to accomplish a local pick up or delivery to a property located on a street from which trucks are otherwise prohibited. The permit shall be issued only after approval by the city administrator of the route to be traveled. The permit shall be issued upon the conditions that the applicant assumes all responsibility for damages caused to any street by such excess load and agrees to reimburse the city for all reasonable and necessary expenditures to repair and replace the street to its former condition. The permit shall be valid only over such non -truck street or segment thereof as is reasonably necessary to travel to and from a designated truck route and the point of pick up or delivery. Subd. 2. Fee. The fee for the issuance of the permit shall be as specified in the city's fee ordinance. 10. Section 44415.19 Violations and Liability for Damages. a) Any person violating this ordinance shall be guilty of a misdemeanor for each such violation. In Ordinance No. 420 February 20, 2007 3 addition to the driver or operator, the owner of any truck being operated with his permission and consent shall be liable for any violation of this ordinance. b) 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. Section II. This ordinance shall take effect upon its adoption by the city council and publication in the city's official newspaper. Adopted by the Medina city council on the 20`h d of February, 2007. 7ILA-6g/ it) ,.214i/Y Carolyn A($mith, Acting Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this 26th day of February, 2007. Ordinance No. 420 February 20, 2007 4