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CITY OF NORTH OLMSTED ORDINANCE NO. 2007 - 58 BY: Council Member Gareau AN ORDINANCE AMENDING SECTION 339.02 OF CHAPTER 339 OF THE NORTH OLMSTED TRAFFIC CODE, ENTITLED "COMMERCIAL AND HEA VY VEHICLES, " IN ORDER TO INCREASE THE PENALTIES FOR TR UCK AND OTHER HEA VY VEHICLE TRAFFIC THA T ILLEGALLY TRAVEL UPON LOCAL STREETS NOT DESIGNATED AS TRUCK ROUTES. WHEREAS, this Council finds that trucks and other heavy vehicles from time to time disregard designated truck routes in violation of Section 339.02 of the Traffic Code; and WHEREAS, this Council believes that such violations have a serious negative impact on the quality of life for residents living on affected local streets; and WHEREAS, in light of the foregoing, it is the desire of this Council to amend Section 339.02 of the Traffic Code in order to increase the penalties for violations of this section of the Traffic Code in order to more effectively deter trucks and other heavy vehicles from using local streets that are not designated as truck routes; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 339.02 of Chapter 339 of the North Olmsted Traffic Code, entitled "Commercial and Heavy Vehicles," which presently reads as follows: 339.02 USE OF LOCAL STREETS; LOCAL PERMIT AND CONDITIONS. (a) Use of Local Streets. No person shall operate a vehicle exceeding a size as specified in Section 339.03 or exceeding a gross weight of five tons, upon any street in the Municipality other than a State route, except those local streets designated as a truck route and marked as such by appropriate traffic signs, and except when such operation is necessary to load ar unload property, to go to or from the usual place of storage of such vehicle or to perform any other legitimate business or act other than passage through the Municipality. Operators of vehicles so deviating from either a State route or a designated truck route within the Municipality shall confine such deviation to that required in order to accomplish the purpose of the departure. Notwithstanding any provisions previously stated in this section, any developer proposing to construct improvements as specified in Section 1101.10, or any contractor proposing to construct a building or addition valued at more than fifty thousand dollars ($50,000) shall obtain a permit, per Section 339.02(b), prior to commencement of construction when suc', construction shall require the use of local streets not designated as a truck route. (b) Local Permit and Conditions. Upon application and for good cause, the Police Chief may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets. No permittee shall be required to obtain a special permit from the Ohio Director of Transportation for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the Ohio Director of Transportation shall be required for movement upon State routes as provided in Section 339.01. The Police Chief may grant a permit for a single ar round trip, ar for such period of time,