HomeMy WebLinkAbout2006-12-19; City Council; 18849; Revision to the CMC section 10.32.090CITY OF CARLSBAD - AGENDA BILL^gg^7
AB# 18,849.
MTG. 12/19/06
DEPT. ENG
REVISE CARLSBAD MUNICIPAL CODE
SECTION 10.32.090 TO INCORPORATE AN
ADDITIONAL WORD TO COMPLY WITH A
COURT INTERPRETATION
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DEPT. HEAD fZjTzT
CITY ATTY. £0£2r
CITYMGR. ~~5l>"VTl
RECOMMENDED ACTION:
Introduce Ordinance No.
Section 10.32.090.
ITEM EXPLANATION:
NS-827 to add the word "rating" to Carlsbad Municipal Code
When a vehicle (truck) is stopped for inspection, the weight rating of the truck is obtained by checking
the manufacturer's plate on the door frame.
Several citations written by Carlsbad police officers have been recently dismissed in the San Marcos
Court due to the absence of the word "rating" in Section 10.32.090 of the Carlsbad Municipal Code
when referring to the prohibition of "...all commercial vehicles exceeding a maximum gross vehicle
weight of fourteen thousand pounds." The ordinance, amended in 1987 to include such vehicles,
is now being challenged as needing clarification. California Vehicle Code Section 15210(k) states that,
"Gross vehicle weight rating "means the value specified by the manufacturer as the maximum loaded
weight of a single vehicle, as defined in Section 390." The intent of the Carlsbad Municipal Code is to
use the same definition as the Vehicle Code. Therefore, the attached ordinance modifies the
municipal code to include the word "rating" in Section 10.32.090 when describing the gross vehicle
weight rating of a vehicle. Signs that have been installed in the field to prohibit trucks over 14,000
pounds G.V.W.R. from using non-designated truck routes currently incorporate the word "rating" by
specifying on the sign the letters G.V.W.R. to refer to Gross Vehicle Weight Rating.
ENVIRONMENTAL IMPACT:
There are no environmental impacts from this action.
FISCAL IMPACT:
Minor costs to amend the Carlsbad Municipal Code.
EXHIBITS:
Ordinance No. NS-8271.
2.
pounds gross vehicle weight rating.
to prohibit commercial vehicles in excess of 14,000
Redline/strikeout version of Ordinance No.NS-827 to prohibit commercial
vehicles in excess of 14,000 pounds gross vehicle weight rating.
DEPARTMENT CONTACT: Robert T. Johnson, Jr., (760) 602-2752, bjohn@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN d
RETURNED TO STAFF D
OTHER-SEE MINUTES D
ORDINANCE NO. NS-827
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.32,
OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF
4 SECTION 10.32.090 TO PROHIBIT COMMERCIAL VEHICLES IN
EXCESS OF 14.000 POUNDS GROSS VEHICLE WEIGHT RATING.
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The City Council of the City of Carlsbad, California, hereby ordains as follows:
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SECTION 1: That Title 10, Chapter 10.32, of the Carlsbad Municipal Code is amended
7 by the revision of Section 10.32.090 to read as follows:
"10.32.090 Truck routes - Generally.
The use of all streets within the City, excepting those streets
described in Section 10.32.091, is prohibited as to all commercial
vehicles exceeding a maximum gross vehicle weight rating of
fourteen thousand (14,000) pounds."
., EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
. ~ the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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1 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
2 day of , 2006, and thereafter
3 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
4 California, on the day of , 2007, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
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APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
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ORDINANCE NO. NS-827
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.32,
OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF
4 SECTION 10.32.090 TO PROHIBIT COMMERCIAL VEHICLES IN
EXCESS OF 14.000 POUNDS GROSS VEHICLE WEIGHT RATING.
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The City Council of the City of Carlsbad, California, hereby ordains as follows:
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SECTION 1: That Title 10, Chapter 10.32, of the Carlsbad Municipal Code is amended
7 by the revision of Section 10.32.090 to read as follows:
"10.32.090 Truck routes - Generally.
•* The use of all streets within the City, excepting those streets
described in Section 10.32.091, is prohibited as to all commercial
vehicles exceeding a maximum gross vehicle weight rating of
fourteen thousand (14,000) pounds."
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
,,, the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
.. a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 19th day of December, 2006, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2007, by the following vote:
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6 AYES:
7 NOES:
ABSENT:
9 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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16 CLAUDE A LEWIS, Mayor
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18 ATTEST:
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20 LORRAINE M. WOOD, City Clerk
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