HomeMy WebLinkAboutOrdinance 1872 (Gerstle Park Weight Limits)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1872 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING MUNICIPAL CODE SECTION 5.52.021 `WEIGHT LIMITS' TO
INCLUDE VARIOUS STREETS IN THE GERSTLE PARK NEIGHBORHOOD"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 15th day of December, 2008,
was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a
newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said
City at a REGULAR meeting of the City Council of said City, held on the 5th day of January,
2009, by the following vote, to wit:
AYES COUNCILMEMBERS: Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Brockbank
WITNESS my hand and the official
seal of the City of San Rafael this
7`h day of January, 2009
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1872
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING MUNICIPAL CODE SECTION 5.52.021 `WEIGHT LIMITS' TO
INCLUDE VARIOUS STREETS IN THE GERSTLE PARK NEIGHBORHOOD
WHEREAS, California Vehicle Code section 35701 permits cities, by means of an
ordinance, to restrict the use of certain City streets by commercial vehicles over certain weight
limits; and
WHEREAS, the Gerstle Park Neighborhood Association (GPNA) advocated restriction
of commercial vehicles on the residential neighborhood streets; and
WHEREAS, the City staff reviewed said request as part of the `Gerstle Park
Neighborhood Traffic Operations Study'; and
WHEREAS, San Rafael Municipal Code Section 5.52.021 currently prohibits
commercial vehicles with a gross weight over five tons, to use the following City Streets:
- All of Twin Oaks Avenue, from its terminus to Fairhills Drive;
- Fairhills Drive from Twin Oaks Avenue to Forbes Avenue;
- All of Forbes Avenue from its terminus to Mission Avenue;
- All of "H" Street from Fourth Street to Forbes Avenue.
WHEREAS, the City staff recommends that San Rafael Municipal Code section
5.52.021 be amended to prohibit commercial vehicles with a gross weight over five tons, to use the
following additional streets:
- Hayes Street between First and Second Streets;
- Miramar Avenue between First and Second Streets;
- Shaver Street between First and Second Streets;
- E Street between First and Frances Streets;
- D Street between Second Street and the City limit at Wolfe Grade;
- First Street between Hayes Street and Miramar Avenue;
- Entire Bayview Street;
- Entire Octavia Street;
- C Street between First Street and Wolfe Avenue;
- Woodland Avenue between Lindaro and B Streets;
- Entire Treanor Street; and
- Entire Taylor Street.
NOW, THEREFORE, the City Council of the City of San Rafael does ordain as
follows:
DIVISION 1:
The current section 5.52.021 of the San Rafael Municipal Code, "Weight Limits", is hereby repealed.
DIVISION 2:
A new section 5.52.021, "Weight Limits", is hereby added to the San Rafael Municipal Code, to read
as follows:
"A. No person shall operate any vehicle that exceeds a maximum gross weight of five tons upon the
following described streets or portions thereof:
(1) All of Twin Oaks Avenue, from its terminus to Fairhills Drive;
(2) Fairhills Drive from Twin Oaks Avenue to Forbes Avenue;
(3) All of Forbes Avenue from its terminus to Mission Avenue;
(4) All of "H" Street from Fourth Street to Forbes Avenue.
(5) Hayes Street between First and Second Streets.
(6) Miramar Avenue between First and Second Streets;
(7) Shaver Street between First and Second Streets;
(8) E Street between First and Frances Streets;
(9) D Street between Second Street and the City limit at Wolfe Grade;
(10) First Street between Hayes Street and Miramar Avenue;
(11) Entire Bayview Street;
(12) Entire Octavia Street;
(13) C Street between First Street and Wolfe Avenue;
(14) Woodland Avenue between Lindaro and B Streets
(15) Entire Treanor Street; and
(16) Entire Taylor Street.
B. This section shall not apply to any vehicles described in Sections 35703 and 35704 of the Vehicle
Code of the state of California.
C. This section shall not be effective until appropriate signs are erected, indicating the streets
affected by this section.
D. Any violations of this section shall be deemed to be a misdemeanor and shall be punishable in
accordance with the provisions of the Municipal Code of the City of San Rafael.
DIVISION 3:
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The
Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase be declared invalid.
DIVISION 4:
This ordinance shall be published once in full before its final passage, in a newspaper of general
circulation, published and circulated in the City of San Rafael, and shall be in full force and effect
thirty (30) days after its final passage.
A BE J. B , Mayor
ATTEST:
e )ge4 K-11
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1872 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the fifteenth day of December, 2008, and ordered passed
to print by the following vote to wit:
AYES: Councilmembers Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: Councilmembers None
ABSENT: Councilmembers None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the fifth day of January, 2009.
ESTHER C. BEIRNE, City Clerk `