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HomeMy WebLinkAboutORDINANCES - 01191920 - 0154 l ORDINANCE N 154 0#' t An Ordinance to Provide for the express, live stock and merchandise trucks weighing in excess of 10,000 {! Licensing of Persons, Firms, Co- for a period of time not later than pounds, including the load. Partnerships and Corporations Main- the subsequent 1st day of February. Section 12. Each person to. whom taining and Operating; Vehicles in Section 6. DELINQUENCY: The such license is issued, shall cause Trucking and Hauling in Contra license fee required in this ordinance to be placed and kept in a conspic- Costa Couinty, Regulating Loads to be paid, if not so paid, shall be- uous place on the outside of said I Thereon and for the Payment and come delinquent forthwith upon the automobile, truck or motor vehicle 'an Collection of License Fees There- operation of any truck as herein de-. aluminum or other metal seal to be. for: To Provide for the Carrying fined, over or upon the public high- furnished by the County, bearing the a an time 9-- Contra Costa Count Out of the Objects of said Orth- ways of said County t y words, 1. Co Y nance and Penalty for Violation after ten days from the day on which License for Motor Truck No. " Thereof, and to Provide for- the said ordinance shall take eff ect. If and bearing a number which shall Time that this Ordinance Shall go any license fee is allowed to become correspond with the number which in Effect, and for the Disposition delinquent as herein provided a pen- shall be placed upon the said license of License Fees Collected Under alty shall be added to the amount and shall also display in a conspic- the Provisions of this Ordinance, of such license fee in an amount.of uous place on a card or sign showing and Repealing Ordinance No. 151 Fifteen ($15.00) Dollars, and such the name of the owner, the registered of-said County. fee, together with the amount of said weight of truck, and the maximum G penalty, shall be a lien upon the permissible load as shown in the office The Board of Supervisors of Contra vehicle in regard to which said li- of the County Tax Collector. Costa County do ordain as follows: cense fee shall be delinquent; and Section 13. The provisions of this Section 1. DEFINITIONS:* The, word the County of Contra Costa shall ordinance shall apply equally to "Truck" as employed in this ordi- have power, and it is hereby made trailers as defined in the California nance shall include all vehicles not its duty 'to collect the said fee, to- Motor Vehicle Act, as amended in propelled by muscular power, and all gether with the penalty by seizure 1919 which shall exceed two tons motor vehicles of a load capacity in of such vehicles from the person in in weight. excess of 2 tons (4000 pounds) which possession thereof, and by the sale Section 14, PENALTY: Any person, load capacity shall be determined by thereof. The seizure and sale herein firm, co-partnership or corporation; the manufacturer's rating of said authorized shall be conducted and violating any of the provisions of this truck, either of which shall be carried out in the same manner as is ordinance, shall be guilty of a mis- maintained or operated in the County provided for by law'for the seizure demeanor and upon conviction, of Contra Costa, State of California, and sale of personal property by the thereof,•shall be punishable by a fine for the purpose of carrying, hauling, County Assessor for the collection of not exceeding Five Hundred transporting or conveying freight or of taxes due on said personal prop- ($500.00) Dollars or by imprisonment express over, upon, or along the erty. in the County Jail of Contra Costa i public highways of said County. Section 7. DISPOSITION OF FUNDS: County, State of California, for a Section 2. PERMIT, LICENSE: No All money received by the County period of not exceeding six (6) person, firm, co-partnership, or cor- Tax Collector under any of the pro- months or by both such fine and poration, its lessee, trustees, or re- visions of this ordinance shall be imprisonment. ceiver, shall maintain or operate any paid into the "General Road Fund," Section 16. CONSTITUTIONALITY: truck of a load capacity in excess of said County, and administered and If any section, sub-section, sentence, of 2 tons (4000 pounds) which load applied in accordance with the stat- clause, or phrase of this ordinance capacity shall be determined by the utes and ordinances applicable there- is for any.reason held to be void, or manufacturer's rating of said truck, to. unconstitutional, such decision shall as herein defined for the transporta- Section 8.' TRANSFER: No person, not effect the validity of the re- tion of any freight or express, over, firm, co-partnership or corporation to maining portion of this ordinance. upon or along any public highway whom license shall be issued here- The Board of Supervisors hereby in the County of Contra Costa, un- under, shall transfer, loan, rent or declares that it passes this ordinance less a license shall have first been sell to, or permit- the use, by an- for the purposes of`regulating traffic secured therefor as herein provided. other, of such license., and the prevention of damage to Section 3. APPLICATION: Every Section 9. MISREPRESENTATION: county highways, under the general person, firm, co-partnership, or cor- Any person, firm, copartnership or police power granted said Board, and poration, owning, maintaining or op- corporation 'who shall make or cause not for the purpose of imposing a erating any truck as herein defined, or permit to be made, any misrepre- tax upon said traffic; that it would over, upon or along the public high- sentation as to a material fact here- have passed this ordinance, and each ways of the County of Contra Costa in required to be stated, shall be section, sub-section, sentence, clause, shall for each truck so owned, main- guilty of a misdemeanor and punish- and phrase thereof irrespective of tained or operated file in writing able as herein provided. the fact that any one or other sec- with the County Tax Collector of Section 10. LOADS: No person, tion, sub-section, sentence, clause or s4id County within ten days after firm, co-partnership or corporation, phrase hereof be declared void or this ordinance takes effect and on or its lessee, trustee, or receiver, op- unconstitutional. .z' before the first day of February of erating any truck under the provi- Section 16. Section 2, 31, 43, 5, 69 each year thereafter; an application sions of this ordinance shall operate and 7 shall be deemed as not applic- to maintain, operate and conduct such or drive said truck so loaded as to able to trucks in transit passing truck in trucking, hauling, carrying cause the weight upon the high way through the County or bringing loads and conveying of freight, live stock, to exceed the requirements of the into the County, providing the time merchandise and express, garden and California Vehicle Act as amended 'of operation of such trucks shall not agricultural produce, over, upon and in 1919, and the requirements here- exceed two days in any one calen- along the public. highways of the inafter set forth. The weight of the dar month, provided, however that. County of Contra Costa and such ap- truck chassis, driver. or other per- trucks employed in a regular route, plication shall•contain the name and sons, tools, and other extras, body a terminus of which is in Contra postoff'ice address of the applicant, a and load, shall be such that the Costa County, shall pay the fee pro- description and the tonnage capacity weight per lineal inch width of tire vided in section 4 hereof. of each vehicle for which application (measured resting upon the roadway) Section 18. EFFECTIVE, WHEN: for license is so made and the char- shall not exceed 800 pounds, when This ordinance shall take effect and acter of motive'power, and the place the tire is of rubber and 600 be in force from and after the 19th from which it is intended that the pounds when the tire is of steel or day of February, 1920 and before truck so to be licensed shall be other hard material, the expiration of the time inter- maintained and operated, and such Each truck licensed under the pro- vening, the same shall be, published other infol"mation as may be requir- visions of this ordinance is required with the names of the.members vot- ed by the-Board of Supervisors of to display in a prominent location ing for and against the same, for Contra Costa County. on the outside of said truck a tag one week in Contra Costa Gazette, a Section 4. FEES: Every person, showing the maximum superimposed newspaper published in said County firm, co-partnership or corporation, load of freight permitted to be haul- of Contra Costa. now or hereafter operating a truck ed on said truck. Section 19. Ordinance No. 151 of or trucks as herein-defined, in said The maximum weight of truck or the said Board, "An Ordinance to pro- County, and their lessees, trustees truck and load to be carried on vide for the Licensing of Persons, or receivers, so filing application as bridges or a weaker style of con- Firms, Co-partnerships and Corpor- herein provided, shall upon the fil- struction than concrete shall be in ations, maintaining and Operating ing of such application, pay to the accordance with posted notice at the Vehicles in Trucking and Hauling in County Tax Collector of the County end of each bridge of such style of Contra Costa County, Regulating of Contra Costa, a fee of Ten construction, and shall in no case Loads thereon, and for the Payment ($10.00) Dollars for each ton of the exceed ten (10) tons. Truck owners and Collection of License Fees there- tonnage capacity of such truck, ac- and operators will be responsible for; to provide for the carrying out cording to the manufacturer's rating for all damages to bridges from of the objects of said Ordinance and of capacity and thereafter said fee trucks, in accordance with paragraph Penalty for violation thereof, and shall be payable on and before the (g), Section (15), California Vehicle to provide for the time that this first day of February of each year. Act, ordinance shall go in effect, and for If application for the license of a In enforcing these provisions re- the disposition of License Fees col- truck is made during the period be- garding loads, peace officers shall lected under the provisions of this ginning on the first day of August, have the right to take the truck to Ordinance," adopted on the 3rd day and ending on the thirty-first day of the nearest public scales -for the pur- of November, 1919, is hereby repealed. January, one-half of such annual fee pose of establishing the weight and Passed and adopted this 19th day shall be paid.• ' the load of such vehicle. Violations of January, 1920, by the following Section 5. LICENSE: Upon receipt shall be subject to a penalty of votes: by the County Tax Collector of the Twenty ($20.00) Dollars for each full AYES: Supervisors Casey, Hayden, application and fees herein required, ton or one half (1/2) ton in excess of Buchanan and Trythall, he shall issue to the applicant a li- the requirements given above. NOES: Supervisors: None., cense to maintain and operate over, Section 11. SPEED: Speed of ABSENT: Supervisors: Knott. upon -and along the public highways trucks shall be as outlined in Section J. H. TRYTHALL, of the County of Contra Costa, the 22 paragraph (b),. California Vehicle Chairman of the Board of Supervisors truck for which application for Act, except that the speed limit on of the County of Contra Costa. license is made for carrying, hauling, bridges of a weaker style of con- ATTEST: J.. H. WELLS, transporting and conveying garden struction than concrete shall not ex- County Clerk, and agricultural produce,a freight and ceed six (6) miles per hour, for Publish January 24th