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HomeMy WebLinkAboutORDINANCE NO. 06-11-59somm ORDINANCE NO. 06-11-59 STATE OF GEORGIA OW -0 COUNTY OF FULTON AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 13, TRAFFIC AND PUBLIC ROADWAYS, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF ORDINANCES FOR THE CITY OF MILTON. GEORGIA TO BE REFERENCED IN THE FUTURE AS CHAPTER 13 (TRAFFIC AND PUBLIC ROADWAYS) AS ATTACHED HERETO AND INCORPORATED HEREIN The Council of the City of Milton hereby ordains while in special session on the 30'h day of November, 2006 at a.m. as follows: SECTION 1. That the Ordinance relating to Traffic and Public Roadways is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. That this Ordinance shall be designated as Chapter 13 of the Code of Ordinances of the City of Milton, Georgia; and, SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 30'h day of November, 2006. Approved: f. Joe Lockwood,ay r Attest: Chapter 13: Traffic and Public Roadways Article 1: Traffic Control Section 1: Adoption of State and Federal Laws (a) For the purpose of regulating vehicles and traffic in the City, there is hereby adopted the following Federal regulations: (i) Parts 382, 383, 390, 391, 392, 393, 395, 396, and 397 of Title 49 of the U.S. Code of Federal Regulations, "The Commercial Motor Vehicle Safety Act of 1986;" and (ii) The Federal "Out of Service" Criteria as amended from time to time. These provisions are adopted as fully as if set out at length herein. (b) Adoption of state law by reference. (i) Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code Sections 40-6-372 through 40-6-376, Code Sections 40-6-1 through 40- 6-395, known as the "Uniform Rules of the Road" and the definitions contained in Code Section 40-1-1 are hereby adopted as and for the traffic regulations of this Municipality with like effect as if recited herein. (ii) Penalties. Unless another penalty is expressly provided for by law, ever person convicted of any provision of this ordinance shall be punished as provided for in this Code of Ordinances. (iii) Effective date. This ordinance shall take effect from and after the 1St day of December, 2006. (c) Any ordinance and/or part of this Chapter of the Code of Milton, which specifically designates the speed limits on the public streets of the City and/or which designates one way streets, are not affected by the adoption of the "Uniform Rules of the Road." (d) City streets shall be divided into at least three categories. Speed limits for those designated categories shall be set forth in an appendix to this Code of Ordinances. (e) The Police Department is hereby empowered and authorized to enforce all provisions of this Chapter upon all roads the City of Milton. Section 2: Temporary Traffic Regulations In cases where traffic upon the streets of the City may become congested upon occasions of parades, theaters, and other public assemblages where large numbers of vehicles are assembled, the police may make temporary rules directing and regulating the traffic in these congested districts, and any person, who, after being warned of the temporary traffic regulations, shall violate them shall be liable for that violation as for other violations of this code. Page 1 of 11 Section 3: Funeral Processions (a) A "Funeral Procession" is a group of vehicles traveling from a funeral home or similar business to a cemetery or other proper burial site. Funeral processions shall be lead by a funeral vehicle such as a hearse, and all cars in the procession shall burn regular headlights and stay in close formation. (b) Vehicles of a funeral procession shall have the right-of-way over all vehicles, except authorized emergency vehicles, provided such vehicles shall identify themselves by burning regular headlights and shall keep in close formation. When the lead vehicle in a funeral procession has entered an intersection on a green light, all other cars in the procession may proceed through the intersection, even though such signal may change to red. Section 4: Speed Limits on Certain Streets and Approved Detection Devices Speed limits enumerated. The maximum speed limit on the public streets or parts of the public streets are set forth in an appendix to this Chapter and incorporated herein. Speed detection devices are authorized to be used on the streets listed in appendix A of this section. Appendix A: (a) All law enforcement personnel of the City of Milton who are certified in the use of speed detection devices are authorized to use such devices, in accordance with all applicable laws and regulations, in the following locations as approved by the Georgia Department of Transportation and the Georgia Department of Public Safety: The locations on the list attached hereto as Exhibit "A" and incorporated by reference as if set forth here in full. (b) The City of Milton may add to or amend the list of locations as outlined in Section 4 from time to time pursuant to the statutes and regulations governing applications for permits to use speed detection devices in Georgia. Article 2: Speed Limits Appendix. (a) The following speed limits and zones shall apply to the streets, roads, and public thoroughfares within the City of Milton, in accordance with all applicable laws and regulations: The locations on the list attached hereto as Exhibit "A" and incorporated by reference as if set forth here in full. Page 2 of 11 (b) The City of Milton may add to or amend the list of locations as outlined in Article 5 from time to time pursuant to the statutes and regulations governing the establishment or alteration of speed limits and zones in Georgia. EXHIBIT "A" OFF SYSTEM Page 3 of 11 Alpha Woods Drive Thompson Road Thomas Creek Court 0.28 25 Arabian Avenue New Providence Road Dead end 0.66 25 Avensong Crossing Deerfield Parkway Dead end 0.29 25 Avensong Ives Way Serenade Court Avensong Village Circle 0.27 25 Avensong Village Circle Avensong Ives Way Dead end 0.63 25 Batesville Road Birmingham Highway Cherokee County Line 1.3 45 Bay Colt Road Dead-end-------- Dead end 0.61 25 Belleterre Drive Bethany Road Dead end 0.64 35 Bethany Bend Hopewell Road Morris Road 2.97 45 Bethany Church Road Bethany Road Dead end 0.53 25 Bethany Road Mayfield Road Haygood Road 1.5 45 Bethany Way Haygood Road Hopewell Road 0.7 45 Birmingham Road Birmingham Highway Hopewell Road 2.7 45 Broadwell Road Crabapple Road Rucker Road 0.7 35 Brookshade Parkway Hopewell Road Oakhurst Leaf Drive 0.42 25 Cogburn Road Cumming Highway Hopewell Road 3.7 45 Cowart Road Creek Club Drive Deerfield Parkway Dinsmore Road Summit Road Providence Road S.R. 9 (Cumming Francis Road Highway) Cumming Highway Windward Parkway Freemanville Road Thompson Road 0.45 1.35 1.65 1.6 25 25 35 35 Dorris Road Providence Road Birmingham Highway 1.4' 35 Double Springs Way Thompson Springs Dead end Drive 0.34 25 Drummond Pond Road North Valleyfield Road Dead end 0.38 25 East Bluff Road Thompson Road Dead end 1.12 25 Francis Road Freemanville Road Cogburn Road Forsyth County Line Mayfield Road Mountain Road 1.6 6.7 45 45 Freemanwood Lane Glen Hampton Drive Green Road Hamby Road Freemanwood Road Dead end White Columns Drive Dead end Arnold Mill Road Crabapple Road Hopewell Road Forsyth County Line 0.4 0.36 0.5 1.3 25 25 45 45 Hampton Bluff Drive White Columns Drive Dead end 0.39 25 Page 3 of 11 Henderson Heights Drive Henderson Road Dead end 0.36 25 Henderson Road Freemanville Road Birmingham Road 1.4 35 Hickory Flat Road Birmingham Highway Cherokee County Line 1.7 45 Holly Road (SR 140) Arnold Mill Road Dead end 0.3 25 Hopewell Plantation Drive Hopewell Road Hopewell Road Francis Road Cogburn Road Phillips Drive 1.5 7.7 25 45 Landrum Road Senoia Road Bohannon Road 0.5 35 Laurel Grove Drive Dinsmore Road Dead end 0.41 25 Longstreet Road Hopewell Road Longstreet Church Road 1.1 35 Mayfield Road Mid-Broadwell Road Freemanville Road 0.7 45 McGinnis Ferry Road Morris Road Georgia 400 0.6 45 Mid-Broadwell Road Crabapple Road Charlotte Drive 0.35 40 Morris Road Deerfield Parkway McGinnis Ferry Road 1.38 35 Mountain Road Hopewell Road Freemanville Road 1.7 35 New Bullpen Road Birmingham Highway Cherokee County Line 0.82 35 New Providence Road Birmingham Highway Arnold Mill Road 3.5 45 New Providence Road * * * School Zone* * * for Mill Springs Academy 1035 feet east of Providence Lake Point Providence Lake Point 0.2 25 North Brookshade Parkway Brookshade Parkway Dead end 0.32 25 North Valley Trail Dinsmore Road Dead end 0.85 25 North Valleyfield Road Dinsmore Road East Bluff Road 0.3 25 Northwood Avenue Henderson Road Dead end 0.62 25 Oakhurst Leaf Drive Dead end Dead end 0.69 25 Oakstone Glen Owens Farm Road Phillips Road Cogburn Road Birmingham Highway Hopewell Road Dead end Old Cedar Lane Mountain Road 0.31 0.41 0.6 25 25 35 Pony Tail Road Five Acre Road Dead end 0.3 25 Providence Lake Drive Providence Oaks Street Providence Park Drive New Providence Road Providence Road Providence Road Dead end Dead end Dead end 0.98 0.45 0.41 25 25 25 Providence Place Drive Providence Road Dead end 0.45 25 Providence Road Providence Road ***School Zone*** for Summit Hill Elementary School 1000 feet north of Lantern Ridge Drive 2000 feet west of Cowart Road S.R. 372 (Birmingham Road) 175 feet east of Cowart Road 2.8 0.47 45 25 Ranchette Road Redd Road Arnold Mill Road Hopewell Road Providence Road Freemanville Road 0.62 1.2 40 45 Sable Point Drive Henderson Road Dead end 0.26 25 Page 4 of 11 No Text Stonebrook Farms Drive Thompson Road Dead end 0.33 25 Sweetbrier Drive Belleterre Drive Belleterre Drive 0.25 25 Taylor Road Batesville Road Birmingham Highway 1.4 45 Thompson Road Hopewell Road Redd Road 2.4 45 Thompson Road Hopewell Road Francis Road 1.7 45 Thompson Springs Drive Webb Road Thompson Road Windward Parkway Dead end Dead end 0.36 1.32 25 35 Wyndham Farms Drive Cogburn Road I Dead end 0.47 25 ON -SYSTEM STATE WITHIN THE FROM MILE TO MILE LENGTH SPEED ROUTE CITY/ TOWN POINT POINT IN MI. LIMIT and/or School Name S.R. 9 Windward Parkway 27.04 Forsyth County line 30.1 3.06 45 (N. Alpharetta city limits) S.R. 140 Cherokee County 0 0.15 mi. south of Green 3.01 3.01 45 line Road S.R. 140 0.15 mi. south of 3.01 A point 0.22 mi. north 4.06 1.05 35 Green Road of Saddle Creek Drive (W. Roswell city limits) S.R. 372 S.R. 140 0 0.03 mi. north of Green 0.57 0.57 35 Road S.R. 372 0.03 mi. north of 0.57 Cherokee County line 8.89 8.32 45 Green Road S.R. 372 Crabapple A point 0.39 mi. 1.33 A point 0.18 mi. north 1.9 0.57 25 **** Crossing south of Kensington of Kensington Farms School Elementary Farms Drive Drive Zone Schooland * * * * Northwestern Middle School Article 3: Truck Routes. Section 1: Enactment authority The Mayor and City Council of Milton, Georgia, under the authority of Article 9, Section 2, Paragraph II (Home Rule For Municipalities) and Article 9, Section 2, paragraph III (Supplementary Powers) of the 1983 Constitution of the State of Georgia, as amended, hereby ordain and enact into law this article. State law references: Powers of cities over street systems, O.C.G.A. § 32-4-90 et seq.; dimensions and weight of vehicles and loads, O.C.G.A. § 32-6-20 et seq.; ordinances for governing and policing municipalities, O.C.G.A. § 36-35-3; police powers of local authorities over streets, O.C.G.A. § 40-6-371(1) and (13). Page 5 of 11 Section 2: Purpose The Governing Authority of the City of Milton, Georgia, is authorized to adopt balm ordinances for the governing and policing of areas within the city limits for the purpose of protecting the public health safety and welfare. Specifically, the governing authority may provide for the regulation and control of motorized vehicles on the streets of the city; plan, designate, improve, manage, control and maintain an adequate city roadway system; and determine the maximum load, weight and vehicle dimensions which can be safely transported over each bridge on the city roadway system. Accordingly, the Mayor and City Council hereby enact the following provisions in an effort to regulate and control motorized vehicles within the city limits for the purpose of protecting and preserving the public health, safety, and welfare of the citizens; to thereby curb the usage of certain residential streets in the city by trucks as cut through routes, and to discourage the parking of such vehicles on these streets and public right of ways. Section 3: Definitions As used in this article, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings: Driver means every person who drives or is in actual physical control of a vehicle. Bimodal semitrailer means a detachable load -carrying unit designed to be attached to a coupling PoW. on the rear of a truck by which it is partially supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel 6"N assembly for movement on the rails. Governing authority means the Mayor and City Council of Milton, Georgia, and where delegated by the Mayor and Council, the City of Milton Police Department and/or any other city personnel. Gross weight means the weight of a vehicle without load plus the weight of any load thereon. Motor vehicle means every vehicle that is self propelled. Operator means any person who drives or is in actual physical control of a motor vehicle. Owner means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title. Person means every natural person, firm, copartnership, association, or corporation. Pneumatic tire means every tire in which compressed air is designed to support the load. A vehicle shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels. Page 6 of I 1 Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped No" loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores thereof, any park, playground, building, refuge or conservation or recreation area, and residential or farm properties, timberland or forest. Private road or driveway means every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons. Roadway means that portion of a street, road, or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively. Semitrailer means a detachable load -carrying unit designed to be attached to a coupling on the rear of a truck by which it is partially supported. Sidewalk means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians. Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. Stop or stopping: (1) When required, means complete cessation from movement; or (2) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control sign or signal. Tractor means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently. Trailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Page 7 of 11 Truck means any motor vehicle having a gross weight of 18,000 pounds or over which is designed and used for the transportation of merchandise or freight. Truck camper means any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space. State law references: Definitions, motor vehicles and traffic, O.C.G.A. § 40-1-1. Section 4: Restrictive vehicles required to use truck routes; exceptions All trucks are prohibited from using roadways within the city limits of Milton, except those roadways authorized by this article as truck routes, including any amendments hereof, or as may be further designated by the governing authority as truck routes, except when: (1) The terminal, parking lot, repair garage, or headquarters of the restricted motor vehicle is not a designated truck route, ingress to and egress from those places shall be made by the most direct route available between the terminal, parking lot, repair garage or headquarters and nearest designated truck route; (2) A delivery or pickup is to be made at a location which is not on a designated truck route; ingress to and egress from that location shall be made by the most direct route now available between that location and the nearest designated truck route; No" (3) A delivery or pickup is to be made by a truck, road tractor, combination road tractor -trailer within any area which is not on a designated truck route; such delivery or pickup shall not be made between the hours of 7:00 a.m. and 7:00 p.m. Section 5: Truck routes; posted regulatory signs A list and map of approved truck routes shall be kept on file with the Milton Police Department and the City Clerk. The list of truck routes may be revised as deemed necessary by the Milton Police Department with the approval of the governing authority, with the entire list requiring renewal by the governing authority biannually. All listed routes will be further identified by posted regulatory signs. State law references: No violation of ordinance unless regulatory sign is posted on roadway, O.C.G.A. § 40-6-371(c). Section 6: Use of temporary truck routes by restricted vehicles If a designated truck route, or any portion thereof, shall be under repair or otherwise temporary out of use, restricted vehicles, as defined in this article, shall use other temporary truck routes as may be designated by the governing authority and further identified by the posting of the regulatory traffic control sign. Section 7: Evidence required for restricted vehicle to be off truck route Page 8 of 11 When upon roadways other than those designated as truck routes, any person driving or in charge or control of any of the motor vehicles restricted by this Article shall be prepared to `" present for inspection of police officers his log book, weight slips, delivery slips or other written evidence of his or her destination and point of origin to justify the presence of the restricted vehicle on a roadway other than a designated truck route. Section 8: Weight of vehicle and loads No vehicle shall be operated on any roadway within the city limits of Milton, Georgia, designated as a truck route, with a total gross weight in excess of 56,000 pounds unless the vehicle is making a pickup or delivery on such road. The maximum gross weight of any vehicle operating on any roadway within the city limits of Milton, Georgia, shall not exceed 80,000 pounds. State law references: Weight of vehicles and loads on county roadways, O.C.G.A. § 32-6-26(f). Section 9: Weight limitations on streets, bridges and culverts (a) It shall be unlawful to operate any motor vehicle on any street within the city limits of Milton, Georgia, where the weight of such motor vehicle, with or without load, is in excess of the weight as limited by this Article and where signs indicating such limitations are posted. Further, it shall be unlawful to drive any motor vehicle over a bridge or culvert within the city limits of Milton, Georgia, over the weight capacity shown on said bridge and/or culvert. r... (b) The driver and/or owner shall be liable to the city for any and all damages caused by driving an overweight motor vehicle over any street, bridge and/or culvert with a posted sign. These damages are in addition to any fine or punishment that may be assessed for violation of this article. State law references: Enforcement of load limits, O.C.G.A. § 32-6-27. Section 10: Enforcement of weight and load limitations (a) Any person who violates the load limitations provisions of this article shall be conclusively presumed to have damaged the public roads, including bridges within the city limits by reason of such overloading and shall, in addition to any other penalty at law, recompensed the city for such damages in accordance with O.C.G.A. § 32-6-27, as same may be amended. (b) Any owner or operator of a vehicle which is operated on the public roads within the city limits of Milton, Georgia, in violation of the weight limits provided in this article shall be required, in addition to paying the monies provided in subsection (a) of this section, to unload all gross weight in excess of 6000 pounds over the legal weight limit before being allowed to move the vehicle. (c) Any person authorized by state law and this Article to enforce this Article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the monies proscribed in subsection (a) of O.C.G.A. § 32-6-27 and hold such vehicle until the proscribed Page 9 of 11 moneys are paid. Any authorized person seizing such vehicle under this subsection or subsection (b) of this section may, when necessary, store the vehicle, and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially unloaded under this section, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or the city because of damage to or loss of such load or any part thereof. State law references: Enforcement of city ordinances, O.C.G.A. § 36-35-3; enforcement of load limits, O.C.G.A. § 32-6-27. Section 11: Parking of tucks and trailers It shall be unlawful to park any truck or any trailer which is designated by the department of public safety for a license tag in a weight category heavier than 6,000 pounds on the right-of- way of any residential street or upon residential zoned property, unless said vehicle is making a delivery to said residential property. School buses shall not fall under this section. This section shall not apply to construction vehicles, trailers, or equipment temporarily located within a construction area, provided such vehicles, trailers or equipment are used in connection with dwelling units under construction within such construction area. State law references: Authority of city to regulate parking, O.C.G.A. § 32-6-2(3); O.C.G.A. § 40- 6-200 et seq.; § 40-6-371. Section 12: Parking or storage of unlicensed, inoperable vehicles, trailers or equipment Vehicles and trailers of any kind without current license plates, or vehicles, trailers or equipment permitted to remain in an inoperable condition for more than 30 days shall not be parked or stored on or about any property within a residential zoned district. Provided, however, this section shall not apply to vehicles, trailers or equipment stored in an enclosed structure or appropriately covered and located in the rear yard area. Section 13: Penalties; enforcement generally (a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each occurrence; and each occurrence shall be deemed a separate offense. (b) Unless otherwise specifically provided by resolution of the Mayor and City Council, the enforcement of this article shall be within the jurisdiction of the city's police department and any other city officer authorized by the State of Georgia to make misdemeanor criminal arrests. Persons designated by the governing authority are hereby authorized to issue citations or summons or both, charging violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city ordinances. I.-• (c) For purposes of enforcing the provisions of this article, any City of Milton, Georgia court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over awa violations of city ordinances shall be entitled to take such action to ensure compliance, and the Page 10 of 11 i ..w. person convicted shall reimburse the city for any cost or expense associated with such compliance efforts, and the city shall be entitled to place a lien on the property or require a bond from the person to secure payment and reimbursement for these expenses. State law references: Court with jurisdiction for violating city ordinances dealing with traffic offenses, O.C.G.A. § 36-32-1. Page 11 of 11