Ordinance 833 ~ • ~
~ ORDINANCE N0. 833
I AN ORDINANCE OP THE CITY OF CUPERTINO, STATE OP CALIFORNYA,' '
ESTABLISHING TRURC TRAFFIC ROUTES AND REGt1LATING THE OPERA-
TION OF TRUCKS
THE CITY COUNCIL OF THE CITY OE CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Repealinst Clause
Seccion 1.1: Ordinaace No. 570 ie hereby repealed vith the enactment
of chis Ordinance.
SECTION 2. Definition; Truck:
For the purpose of this Ordinance, the work "cruck" shall mean any vehicle
as defined in the Vehicle Code of California, or a~ hereafter amended that
exceeds a ma~cimum groaa weight of three (3) [ons.
SECTION 3. Truck Traffic Routes Established; Sistns:
The following truck traffic routes within the City of Gupertino are
hereby established for the movement of any truck ae defined in Section 2:
Street Limits
De Anza Boulevard From the Souch City Limite to the North
City Limits. all portiona currently or
hereafter wi.thin the City Limits.
Foothill Boulevard - : From McClellan Road to Junipero Serra
' FreeWay (Route No. 280), all portions
currently or hereafter within the Citq
. . Limits.
Homestead Road From Stevens Creek Freeway (Route 85}
to Lawrence Expresaway, all portions cur-
rently ar hereafter within the City Limits.
Pruneridge Avenue FTOm Nolfe Road to Tantau Avenue.
Stevens Canyon Road _ From the South City Limita to McClellan
Road, all portions currently or hereafter
within the City Limits.
Stevens Creek Boulevard' - ' From the West Ci[y Limits co Foothill
Boulevard and from 4Jest Valley Freevay
(Route No. 85) to the East City Limits,
all portions currently or hereafter
within the City Limits.
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Street Limits
Tantau Avenue :-Prom SCeynna Craek Boulevard to Homeatead
~Road."
Wolfe Road Stevans Creek Boulevard to Homescead Road.
The Ci[y Eagineer is hereby directed to designate the ahove-named truck
traffic routea bq the erection of appropriate approved State standard signs
giving notice to this ordinance. ,
SECTION 4. Truck Trafflc Routes; Vehicles Required To Uae:
When authorized signs are in place giving notice of deaigaaced Tzaffic
Truck Routes, no person shall operate,drive, or cause or pexmit to be operated
or driven a truck as defined in Section 2 oa any atreet or streets withia the
City oE Cupertino other thaa on a truck traffic route except as otherwise
provided in this Ordiaance.
SECTION 5. WeighinR of Vehicle; AuthoritY to Require:
My peace officer having jurisdiction within the City of Cupertino or
acting under its authoricy ahall have che authority to require aaq peraon driving
or in control of any vehicle as defined in the Vehicle Code of California, or
as hereaf[er amended, not proceeding over a truck traffic route to praceed to
; any public or private scale available for the purpoae of aeighiag and determiaing
vhether this Ordinance has been complied with.
SECTION 6. Unrestricted Highvays:
Nothing contained in this Ordinance is intended to regulate the movement
of any vehicle as defiaed in the Vehicle Code of California, or as hereafter.
ameaded, upon any of the folloving named highways. portions of vhich are locaced
vithin the City of Cupertino~ and arhich are referzed to in this Ordinaace as
"unrestricted highWays":
, De Anza Boulevard (Route 085)
Foothill Expreasvay '
Junipero Serra Freevay (Route U280)
GTest Valley Fxeeway (Route P85)
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SECTION 7. Truck Traffic: Origin and Destination Poines:
Any truck as defined in Section 2:
(a) eatering the City of Cupertino for a destination point outside the
City ehall proceed only over a truck traffic route or other unrestzicted highway.
(b) on a trip originating vithin the City of Cupertino and traveling
in the City for a destination point outside of the City shall proceed by the
shortest and most direct route to the nearest truck traffic rout~ or other
unrestricted highway.
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(c) antering the City of Cupertino for one or more destiaation poiata
in che City ahall praceed only over a truck traffic route or othar unrestricted
highway, aad ehall deviate therafrom only by the shorteat and moet direct route
betweea each deatination point and the nearest truck traffic routa or other
unzestricted high~raq.
(d) on a trip originating in tha City of Cupertino and traveling in the
City for one or more descination poiats in the City, shall proceed by the
shortest and moat direct route to the nearest truck traffic route or other
unrestricted highi+ay, aad shall deviate therefrom only by the shortest and moet
~ direct route between each deatination point and the nearest truck craffic route
I or other unreatricted highway.
(e) traveling in the City of Cupertino for more than one deatinatioa
point in the City may proceed directly from one destiaation poiat co the next
destination poia[ by the shortest and moet direct route aithout returniag co the
nearest truck traffic route or other unrestricted highway if it aill reault
in a shorter diatance being traveled on atreets upon which such a truck otdinarily
would no[ be allo~+ed to travel notwithstanding the requirements of subaectlons
(c) and (d).
SECTION 8. Exceptione• Deliveries of Goods and Materials:
For the purpose of this Section, a"reatricted atreet" ia any atraet
which is neither a truck traffic route aor an unrestricted highvay. Nothing
contained in thia Ordinance shall prohibit the operation of any commercial
vehicle as defiaed in the Vehicle Code of California, or as hereafter amended,
coming from a truck traffic rouce or unrestricted highway having ingress or
egresa by direct route to and from a restrictad street when necessary for the '
purpose of making pickupa or deliveries of goods, wares, and merchandiae fram
or to any building or struc[ure located on the restricted atreet, or for the
purpose of delivering materials to be uaed in the actual and boaa fide repair,
alteration, remodeling, or construction of any building or structure upon the
restricced atreec for which a building permit previously has been obtained.
SECTION 9. Exceptions: Types of Vehicles:
The provisions of this Ordinance ahall not apply to any of the following:
(a~ Passenger buaea under che jurisdicition of the Public Utilities
Commission of California, and school buses. ~
(b) Any authorized emergeacy vehicle as defined in Section 165 of the
Vehicle Code of California, or as hereafter amended. '
(c) Any vehicle ovned, leased, operated or controlled by:
(1) The City of Cupertino;
(2) a public utility or licensed contractor vhile necessarily in
use in the construction, installation, or in repair of any public u[ility,
within the City; '
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(3) The holder of a franchiae ieaued by the Cicy of Cupertino for
the ra~val of garbage, waete or sefuae; and
(4) any liceased contraceor while aecessarily in the coaatruction.
maintenance, or repair of a public vorks project on vhich bide vere opened
by the City of Cupertino prior to the adoptioa of this Ordinence unless an
alternate direct route is provided subatantially vithia the City of Cupertino.
SECTION 10.
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If any aection. aubaection, eentence, clause or phrase of this Ordinance
is for any reason held to be uncoastitutional, such decision ehall not affect
the validity of the remaining portiona of this Ordinance. The legielative
body hereby declarea that it vould have pasaed this Ordinance aad each aection,
su6aection. sentence, clause or phrase thereof, izrespective of the fact that
any one or more aectiona~ aubaections. sentences, clauses or phrasea be declared
unconstitutioaal. ,
SECTION 1L
Any peraon, firm, or corporation violating anq provision of this Ordinance
shall be deemed guilty of a misdemeanor, and upoa coaviction chereof, shall be
punished by a fine not to exceed Five Hundred Dollars (S500.00) or by imprison-
ment in the County Jail not to exceed six months (6) for each violation, or bq
both such fine and imprieonment.
SECTION 12.
The City Clezk is hereby authorized and instructed to file a certified
copy of this Ordinance upon its becoming effective vith the Sheriff's Office
oE the County of Santa Clara, State of California.
INTRODUCED at a regular meeting of the City CounciL of the City of Cuper-
tino thia day of p~v
mh~_. 1977. and &*iACTED at,a regular meetiag
of the City ouncil of the City of Cupertlno thia 21at day of November ,
1977, by the following vote:
Vote Members of the CitY Couacil
AYES: Jackaon, Meyere~ Ne11ie, 0'Reefe, Frolich
. NOES: None
• ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
~ m~-~-lQ ~ ~~ru---~-~.
City Clerk • Mayor, City of Cupercino
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I harebq cert ehat tha Cit o
~9 y f Cupertiao Osdina:tce No. R33
attach~d herseo is a tsue aad corrset copy'of said Ordiaanca Wh3ch has
baea publiah~d or posted purtuaat to law.
Wm. Ryder
Citq Clerk