HomeMy WebLinkAbout3816Ordinance No. 3816
(Amending or Repealing Ordinances)
CFN=171 —Traffic Control
Passed — 9/19/06
Vehicle Weight Restrictions — Kent 5 Bridge and Kent-Kangley Road
Added new Sec. 9.36.070
ORDINANCE NO. -,-2
AN ORDINANCE of the city council of the city
of Kent, Washington, adding a new section to Chapter
9.36 of the Kent City Code, entitled "Vehicle weight
restrictions," which will restrict the operational
maximum gross vehicle weight allowed on Kent 5
Bridge at Rock Creek on Kent-Kangley Road to 44 tons
or 88,000 pounds until it is replaced.
RECITALS
A. The Kent 5 Bridge at Rock Creek on Kent-Kangley Road ("Bridge")
was built in 1958 and acquired by the city of Kent through annexation in 1989.
B. Due to the age of the Bridge, mayor deficiencies as noted in a
recent inspection report, and significantly increased and consistent heavy -load
traffic over the Bridge related to the transport of fill from businesses east of the
Clark Springs area to the Port of Seattle's SeaTac Airport third runway project,
the Bridge can no longer safely withstand or accommodate the allowable
maximum gross vehicle weights as provided for under Revised Code of
Washington ('RCW") 46.44.
C. RCW 46.61.450 allows a local jurisdiction to determine and declare
the maximum gross weight that any bridge within its jurisdiction can withstand
and accommodate safely.
D. RCW 46.44.080 also allows a local jurisdiction to impose maximum
vehicle weight restrictions on any public highway in its jurisdiction when it is
necessary to protect the highway from undue damage resulting from conditions
1 Vehicle Weight Restrictions —
Kent 5 Bridge and Kent-Kangley Road
such as the significantly increased heavy -load traffic that has already caused
damage to the portion of Kent-Kangley Road near the Clark Springs area. The
city is analyzing the adjoining portion of Kent-Kangley Road and anticipates
establishing a gross vehicle weight on that portion of Kent-Kangley Road under a
separate ordinance based on the results of the analysis.
E. RCW 35A.12.130 provides that a city may pass an ordinance to be
effective immediately if it is designated as a public emergency ordinance
necessary to protect public health, safety, property, or peace and passed by a
majority plus one vote of the whole membership of the city council.
F. Based upon a technical recommendation from the King County
Road Services Division, which provides bridge and road maintenance services to
Kent through an interlocal agreement, the city's public works director
recommends, and the city council desires, to designate this ordinance as a public
emergency ordinance necessary to protect public safety and property to become
effective upon adoption and to declare an operational maximum gross weight
limit on the Bridge until it can be replaced.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. A new section 9.36.070 is added to the Kent
City Code, entitled "Vehicle weight restrictions," as follows:
Sec. 9.36.070. Vehicle weight restrictions.
A. Operational maximum gross vehicle weight restriction on Kent 5 Bridge at
Rock Creek. In accordance with Ch. 46.61.450 RCW, it is unlawful for any person
to operate a vehicle or combination of vehicles over the Kent 5 Bridge at Rock
Creek located on Kent-Kangley Road with a operational maximum gross vehicle
weight over 44 tons or 88,000 pounds. For purposes of this section, "operational
maximum gross vehicle weight" means the maximum gross vehicle weight of all
2 Vehicle Weight Restrictions -
Kent S Bridge and Kent-Kangiey Road
load-bearing axles on the Bridge at any one time. School buses, public transit
buses, emergency vehicles, public utility or municipal and county vehicles, and
solid waste disposal vehicles are exempt from this section.
B. Violations. A violation of this section is a traffic infraction under RCW
46.44.105(4), and punishable by the allowable monetary penalty, as may be
amended from time to time. In addition to any penalty for violation of the
provisions of this section, such violator may be liable in a civil action instituted in
the name of the city for any damages to the Bridge sustained as a result of such
violation.
SECTION 2. - Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision will not affect the validity of the remaining portion of this ordinance and
the same will remain in full force and effect.
SECTION 3. - Effective Date. Pursuant to RCW 35A.12.130, this
ordinance is designated as a public emergency ordinance necessary to protect
public safety and property and will take effect and be in force immediately upon
adoption as provided by law, but the weight restrictions imposed by this
ordinance can only take effect upon the date that the city of Kent erects and
maintains suitable signs stating the operational maximum gross weight declared
in this ordinance in accordance with Washington law.
ATTEST:
B ENDA JACOBER, CITY CL
3 Vehicle Weight Restrictions -
Kent 5 Bridge and Kent-Kangley Road
APPROVED AS TO FORM:
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Tbq BRUBAK R, CITY ATTORNEY
PASSED: 0 day of September, 2006.
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APPROVED: � % day of September, 2006.
PUBLISHED: 6�2 day of September, 2006.
I hereby certify that this is a true copy of Ordinance No. passed by
the city council of the city of Kent, Washington, and approved by the mayor of
the city of Kent as hereon indicated.
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BRENDA JACOBER, VlCLERK
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4 Vehicle Weight Restrictions —
Kent 5 Bridge and Kent-Kangley Road
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4 Vehicle Weight Restrictions —
Kent 5 Bridge and Kent-Kangley Road