Ordinance 812
ORDINANCE NO. 812
AN ORDINANCE OF THE CITY OF GILROY REPEALING
SEC. 15.35 OF THE GILROY CITY CODE REQUIRING
P~CING OF APPROPRIATE SIGNS UPON PUBLIC
STREETS UPON WHICH THE USE OF COMMERCIAL VEHICLES
ARE PROHIBITED.
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I:
Sec. 15.35 of the Gilroy City Code is hereby repealed.
SECTION II:
This is an emergency measure and shall take effect immedi-
ately upon its adoption and approval. The reasons for the exist-
ence of said emergency are as follows:
Sec. 15.100 of said Code requires streets upon which trucks
in excess of three tons gross weight limit are permitted to oper-
ate to be designated by appropriate signs. Commercial vehicles
include trucks. Sec. 15.35 provides that whenever any Ordinance
designates any street or portion thereof as a street the use of
which is prohibited by an commercial vehicle, the City Administrator
shall erect and maintain appropriate signs on those streets affected
by said Ordinance. Since the truck routes established by Ordinances
prohibits the use of nearly all other streets by trucks all of the
said other streets in the City are effected by the truck routes and
the present Sec. 15.35 requires virtually all streets in the City to
be designated by signs as streets upon which trucks are prohibited,
which is a result apparently not intended, creates confusion as to
interpretation and gives rise to the possibility of a defense to
charges of operation of trucks over non-truck routes that Sec. 15.35
has not been complied with; furthermore, Sec. 35701 of the Motor
Vehicle Code provides that either the truck routes or the non-truck
routes must be indicated by appropriate signs but not both.
This Ordinance was introduced at a regular meeting of the City
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Council held November 20, 1967 and adopted to take effect immedi-
ately as an emergency measure/upon its approval for the reasons
and or<;lered published by title and summary
hereinbefore set forth' by the fonowing vote:
AYES: COUNCILMEMBERS: All emand, Duff i n ,Kennedy ,Jr. ,Qua rt i ro 1 i , Silva,
Wentworth, and G00drich.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED November 20th, 1967
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Mayor
ATTEST: /~
A{at~b~
/ Ci ty C{!rk
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, .'
I, SUSANNE E. PAYNE ,City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 812 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 20th day of W"""'wb"'r ,19 67 ' at which meeting
a quorum was present.
further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
Gilroy, this 7th day of