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ORDINANCE NO. 555
AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA
AMENDING RESOLUTION NO. 1972-17 WHICH AMENDED ORDINANCE NO.
369, PROHIBITING THE USE OF RESIDENTIAL STREETS AND
AREAS BY HEAVY COMMERCIAL VEHICLES
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Part IV - Truck Routes - of Resolution No. 1972-17
which amended Ordinance 369 is amended by adding supplemental pro-
visions as follows:
Use of Residential Streets by Heavy Vehicles Prohibited.
(a) Purpose.
The regulation and control of the use of residential
streets and areas by commercial vehicles shall be governed by the
provisions of this Section. The purpose of this Section is to
promote traffic safety, to protect and maintain the residential
character and uses of streets and neighborhoods set aside for
dwellings, to prevent damage to residential streets caused by heavy
truck traffic thereon, to prevent nuisances, including noise, odor,
unsightliness, exposure to hazardous cargo, and reduce visibility
on City streets caused by truck traffic and parking in residential
neighborhoods, and to prevent a reduction in property values caused
by the unsightly appearance of off-street or on -street truck parkin
in such neighborhoods.
(b) Commercial Vehicles Prohibited on City Streets.
It shall be illegal for any commercial vehicle having
a manufacturer's gross vehicle weight rating of 10,000 pounds or
more and registered for commercial purposes pursuant to the appli-
cable provisions of the Vehicle Code of the State of California,
to be parked or left standing for more than 30 consecutive minutes
within any area, whether off-street on on -street, in the City of
Beaumont which is presently or hereafter designated on the zoning
map of the City as R-1, R -A, R-2, R-3, R -MH, R -T or R-0, unless in
the case of a street, such street has been designated as a truck
route in accordance with Part IV of Resolution No. 1972-17 in which
case the right of transport use shall be maintained upon such pro-
vided for street, but the restricted parking of this section shall
apply.
(c) Exemptions.
This section shall not apply to any recreational vehi-
cle, nor to commercial vehicles making pick-ups or deliveries of
goods, wares and merchandise from or to any building or structure
located in such residential areas as defined in Paragraph 2 of
Section 15 of Resolution 1972-17, or delivering materials to be
used in the construction, repair, alteration or remodeling of any
building or structure located within such designated residential
areas, for which a building permit has been obtained.
(d) Penalty.
No person shall violate any provisions or fail to com-
ply with the requirements of this section. Any person violating
any of the provisions or failing to comply with the requirements of
this section is guilty of an infraction, and shall be punished
upon a first conviction by a fine not exceeding $50.00; and for a
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second conviction by a fine not exceeding $100.00; and for a third
or any subsequent conviction within a period of one year by a fine
not exceeding $250.00. Each such person is guilty of a separate
offense for each and every day during any portion of which any vio-
lation of any provision of this section is committed, continued or
permitted by such person and shall be punished accordingly.
(e) Abatement of Nonconforming Uses.
Notwithstanding the above provisions, any resident of
the City of Beaumont who establishes an existing nonconforming use
of a commercial vehicle in a residential area by the procedures set
forth in section (f) of this ordinance, may continue such use for a
period not to exceed twelve (12) months following the effective dat
of this ordinance, provided such use meets all of the following
conditions:
(i) No commercial vehicle subject to the provisions
of this ordinance may be parked upon any residential street.
(ii) Off-street parking for such vehicle must be pro-
vided upon the owner's property, located so as not to intrude
into the front yard set -back of such property nor to be closer
than fifteen (15) feetto any neighboring residence.
(iii) Refrigeration units or other noisy motors may not
be operated between the hours of 10:00 p.m. and 6:00 a.m.
(iv) Dangerous or offensive cargos are not permitted
in residential neighborhoods at any time.
(v) Adequate ingress and egress to the off-street
parking area must be provided.
(vi) No work, other than minor repairs, may be per-
formed upon a commercial vehicle in a residential area.
Failure to comply with any of the above conditions
shall be grounds to deny verification of a nonconforming use, and
shall be cause to terminate such use, after notice and a hearing
by the Chief of Police, where a use has been previously established
by the provisions of this ordinance.
(f) Verification of Nonconforming Use: Procedure.
Any person desiring to establish nonconforming use status
for a commercial vehicle in a residential area may, no later than
thirty (30) days after the effective date of this ordinance, re-
quest verfication by the Chief of Police. Upon receipt of such
request, the Chief of Police shall undertake an investigation and
shall determine the status of the use and the compliance or non-
compliance with the conditions of use required by section (e). A
fee of $25.00 shall be charged as the reasonable costs of such
investigation.
Each such nonconforming commercial vehicle use established
by the provisions of this section shall receive an identification
card or tag, which must be displayed upon the commercial vehicle
at all times.
, SECTION 2: The City Clerk shall certify the adoption of this
ordinance, and shall cause same or a summary thereof to be pub-
lished once within fifteen days from the date of its passage in the
Record -Gazette, a newspaper of general circulation, printed, pub -
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lished and circulated in the City of Beaumont, and thirty (30) days
after its adoption , this ordinance shall be in full force and
effect.
MOVED, PASSED AND ADOPTED UPON SECOND READING this 27th
day of September , 1982, upon the following roll call vote:
AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
CITY C
RK
(17) ,ttn,-`L o Cr
YOR OF THE ITY OF BEA MONT
CERTIFICATION
I, Edna J. Burkett, City Clerk of the City of Beaumont DO HEREBY
CERTIFY that the foregoing ordinance was introduced at a regular
meeting of the City Council of said City held on the 13th day
of September , 1982, and was duly adopted on the 27th day
of September , 1982.
CITY CL
Page 3
K, CITY OF BEAUMONT