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HomeMy WebLinkAboutMC-524 1 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: 27 1. victoria Avenue between Mirada Road and the northern 28 terminus of victoria Avenue." 29 SECTION 3. Urgency. This ordinance is an urgent and MC-'j?1. .. , 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. 28 I HEREBY CERTIFY that the foregoing ordinance was duly -2- MC-5:!4' . . . , . . 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: 5 6 AYES: Council Members Hernandez. Marks. Ouie] , Frazip.r Strickler 7 NAYS: None 8 9 10 11 12 13 14 15 16 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: . 17 11: <t'~~) $~~#~~ Clty A torney 20 21 22 23 24 25 26 27 28 -3-