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Ord 0475-PROHIBITING THE USE OF GARDEN HILL DRIVE LYING AND BEING SOUTH OF LARK AVENUEORDINANCE NO. • 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. s -1- r (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 -2- 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 -3- 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 _4® 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- . -10 CL RK E ~ M S . A S A44 - "?_T-HE-_TWN LO OS -5-