Ord 0475-PROHIBITING THE USE OF GARDEN HILL DRIVE LYING AND BEING SOUTH OF LARK AVENUEORDINANCE NO.
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AN ORDINANCE PROHIBITING THE USE OF GARDEN HILL DRIVE
LYING AND BEING SOUTH OF LARK AVENUE WITHIN THE TOWN
OF LOS GATOS, BY ANY VEHICLE EXCEEDING A MAXIMUM GROSS
WEIGHT LIMIT OF THREE TONS; PROVIDING FOR EXCEPTIONS
THERETO; PROVIDING PENALTY FOR THE VIOLATION THEREOF.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION 1. DEFINITIONS
(a) A "vehicle" is a device in, upon or by which any
person or property is or may be propelled, moved or drawn
upon a highway, excepting a device moved by human power or
used exclusively upon stationary rails or tracks.
(b) A "person" is every natural person, firm, co-partner-
ship, association or corporation.
SECTION 2. UNLAWFUL TO VIOLATE PROVISIONS OF ORDINANCE
No person shall operate, drive or move any vehicle, of a
weight or with a load exceeding a maximum gross weight limit
of three tons on or upon GARDEN HILL DRIVE, lying and being
South of Lark Avenue, a public street within the Town of Los
Gatos, or otherwise fail to comply with the provisions of this
Ordinance, except as otherwise provided in this Ordinance.
SECTION 3. OFFICERS MAY INSPECT AND WEIGH VEHICLES
(a) Any police officer having reason to believe that
the weight of a vehicle and load is unlawful, is authorized
to require the driver to stop and submit to an inspection
and weighing of the same. The weighing may be done either by
means of portable or stationary scales, and any police officer
is authorized to require that such vehicle be driven to any
public or private scale available for the purpose of weighing
and determining whether Section 2 of this Ordinance has been
complied with.
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(b) Any driver of a vehicle who fails or refuses to
stop and submit the vehicle and load to an inspection or
weighing, or who fails or refuses to comply with the direc-
tion of an officer, under the conditions set forth in this
Ordinance, is guilty of a misdemeanor.
SECTION 4. EXCEPTIONS
The provisions of this Ordinance shall not apply to:
(a) Any vehicle which is subject to the provisions
of Sections 1031 to 1036, inclusive, of the Public Utilities
Code.
(b) Any commercial vehicles coming from an unrestricted
street having ingress and egress by direct route to and from
such restricted streets when necessary for the purpose of mak-
ing pickups or deliveries of goods, wares and merchandise from
or to any building or structure located on such restricted
street, or for the purpose of delivering materials to be used
in the actual and bona fide repair, alteration, remodeling or
construction of any building or structure upon such restricted
street for which a building permit has previously been obtained
therefor.
(c) Any vehicle owned by a public utility while necessarily
in use in the construction, installation or repair of any public
utility.
(d) Any vehicle owned or operated by the State of Cali-
fornia, County of Santa Clara, Town of Los Gatos, or other
public agency, while engaged in a governmental function.
(e) (1) Any vehicle exceeding the maximum gross weight
limits provided herein when that portion of Farley Road, as
it now exists, lying between GARDEN HILL DRIVE and North Santa
Cruz Avenue in the Town of Los Gatos, is not passable
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for vehicles exceeding the maximum gross weight limits
provided herein traveling from North Santa Cruz Avenue to
the Southern end of GARDEN HILL DRIVE.
(2) The Town Engineer, or in his absence a Deputy
Town Engineer, of the Town of Los Gatos, shall determine in
writing when said portion of Farley Road described above is
not passable for a vehicle exceeding the maximum gross weight
limits provided herein, and shall file a written copy of his
determination with the Town Clerk of the Town of Los Gatos
and the Chief of Police of the Town of Los Gatos, and upon
and during the time such portion of Farley Road remains not
passable for such vehicles, the Chief of Police shall cause
the signs, provided for in Section 5 of this Ordinance, to be
removed or covered, thus permitting such vehicles to travel
upon GARDEN HILL DRIVE; that the Town Engineer, or in his
absence a Deputy Town Engineer of the Town of Los Gatos shall
determine when said portion of Farley Road is passable for such
vehicles, and shall file a written report thereof with the Town
Clerk and the Chief of Police of the Town of Los Gatos; that
thereupon the Chief of Police shall reinstall such signs,
provided for in Section 5 of this Ordinance, or remove the
covers from such signs, thus giving notice to the public re-
stricting the use of said GARDEN HILL DRIVE by vehicles exceed-
ing the maximum gross weight limits provided in this Ordinance.
(3) APPEAL: Any person aggrieved by any written
decision of the Town Engineer, or a Deputy Town Engineer of
the Town of Los Gatos, made pursuant to the provisions of this
Ordinance, may at the next regular or continued, regular meeting
of the Town Council of the Town of Los Gatos appeal to the Town
Council by written notice of appeal filed in duplicate with the
Town Clerk of the Town of Los Gatos, and shall set forth therein
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specifically wherein the Town Engineer's or Deputy Town
Engineer's written report of determination is in error; said
written notice of Appeal must be filed in the office of the
Town Clerk of the Town of Los Gatos on or before 12:00 o'clock
noon of the day on which the regular meeting or continued, re-
gular meeting of the Town Council is to be held. Thereupon
the Town Clerk shall place said matter of said appeal upon
the agenda for said meeting; upon hearing the appeal, the
Town Council shall consider the record and such additional
evidence as may be offered and may affirm or reverse the de-
termination of the Town Engineer or Deputy Town Engineer
appealed from and make such order as it may find meet and proper.
SECTION 5. SIGNS
This Ordinance shall not be effective as to GARDEN HILL
DRIVE until appropriate signs are erected on said street to
give notice of this Ordinance and the Chief of Police is
hereby instructed to install appropriate signs giving notice
to the public, restricting the use of said street by vehicles
exceeding the maximum gross weight limit specified in this
Ordinance.
SECTION 6, PENALTY
Any person, whether as principal, agent, employee or
otherwise, violating or causing the violation of any of the
provisions of this ordinance shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine of
not more than Five Hundred Dollars ($500.00) or by imprison-
ment in the County Jail of the County of Santa Clara for a term
not exceeding six (6) months, or by both such fine and impri-
sonment. Such person shall be deemed guilty of a separate
offense for each vehicle operated, driven or moved by such
person, of a weight or with a load exceeding a maximum gross
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weight limit of three tons on or upon GARDEN HILL DRIVE,
in violation of this Ordinance, and shall be punishable as
herein provided.
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The Town Council
of this Town hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase
or portion thereof, irrespective of the fact that any one or
more sections, subsection, clauses, phrases, or portions be de-
clared invalid or unconstitutional.
SECTION 8. This Ordinance shall be published once in the
LOS GATOS TIMES-SARATOGA OBSERVER, a newspaper of general cir-
culation, printed and published in the Town of Los Gatos.
Introduced at a regular meeting of the Town Council of the
Town of Los Gatos, held on the day of
1958, and passed and adopted at a regular meeting of the Town
Council of the Town of Los Gatos held on the y~~ day of
19582 by the following vote:
AYES: COUNCILMEN:
t r'i_ 7t k 1 6. d1
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:f ,rr
ATTEST-
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