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ORDINANCE NO. MC-524
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
10.24.190 OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING
3 SUBSECTION C TO PROHIBIT VEHICLES EXCEEDING THREE TONS ON VICTORIA
AVENUE; AND DECLARING THE URGENCY THEREOF.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. The Mayor and Common Council make the following
7 findings:
8 A. That on March 18, 1985, the Mayor and Common Council
9 directed that commercial vehicles over three tons be prohibited on
10 victoria Avenue.
11 B. Pursuant to said directions, signs indicating that
12 commercial vehicles over three tons were prohibited on a portion
13 of Victoria Avenue were installed. Said installation was
14 completed on March 27, 1985.
15 C. That since said signs were installed, the three-ton limit
16 has been enforced on victoria Avenue.
17 D. That said three-ton vehicle limit is hereby ratified by this
18 ord inance.
19 SECTION 2. Subsection C is hereby added to Section 10.24.190 of
20 the San Bernardino Municipal Code to read as follows:
21 "C. Pursuant to the authority and restrictions of Vehicle Code
22 Sections 35701, et seq., no person shall operate or drive any
23 vehicle exceeding a maximum gross weight limit of three tons upon
24 the following street, and the Director of Public Services' action
25 of installing the appropriate signs giving notice of such weight
26 limitation prohibition is approved:
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1. victoria Avenue between Mirada Road and the northern
28 terminus of victoria Avenue."
29 SECTION 3. Urgency. This ordinance is an urgent and
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1 emergency measure which shall take effect immediately and become
2 operative upon its adoption and approval. The facts constituting
3 such urgency are:
4 As set forth in the recitals and findings of fact in Section
5 1 of this ordinance, signs were erected in 1985 along portions of
6 victoria Avenue, north of Mirada Road, imposing a three-ton weight
7 limitation upon the operators of vehicles traveling thereon. The
8 Mayor and Common Council approved the imposition of the three-ton
9 weight limitation, but due to an oversight
an ordinance was not
10 adopted pursuant to Vehicle Code section 35701. In order to
1] immediately implement the intent of the Mayor and Common Council
]2 and to validate the enforcement of the three ton weight
]3 limitation, prevent challenges to the enforcement activities, to
]4 clarify the rights and responsibilities of law enforcement
]5 personnel and the motoring public, and to protect the safety and
]6 welfare of the public, it is necessary that this ordinance go into
]7 effect immediately. There will be no harm or injustice to the
]8 public because the signs imposing the three-ton weight limitation
19 are already in place, and the public is complying with the weight
20 limitations. The Mayor and Common Council further find that it
21 would be a waste of public funds and an unnecessary expenditure of
22 tax money to remove the weight limitation signs and then erect
23 them at the same locations a month and a half later when a new
24 ordinance might take effect and that such action would be
25 confusing and not in the best interest of the motoring public and
26 residents of the neighborhood using these portions of Victoria
27 Avenue.
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I HEREBY CERTIFY that the foregoing ordinance was duly
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1 adopted by the Mayor and Common Council of the City of San
2 Bernardino at a
regular
meeting thereof, held
3 on the
day of
May
, 1986, by the following
19th
4 vote, to wit:
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6
AYES:
Council Members Hernandez. Marks. Ouie] , Frazip.r
Strickler
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NAYS:
None
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ABSENT:
Council Members Estrada, Reilly
~.?l@~1;/
,/ City Clerk
The foregoing ordinance is hereby approved this 21st day
May
of
, 1986.
Bernardino
Approved as to form: .
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11: <t'~~) $~~#~~
Clty A torney
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