Loading...
ORD 37676 - Amend section 36-276 of municipal code re traffic size and weight t „ e„t,1AHA,,v4.4 RE C E I V E 0 �A1;`, Is Law Department .; iEFAI 07 FEB 1 f II 8• 39 Omaha/Douglas Civic Center . ® l .+Q,1F=,,. ` 3 1819 Famam Street,Suite 804 o,p..4 Omaha,Nebraska 68183-0804 a�o4. otzt. CITY CLERK (402)444-5115 FD FEBR Telefax(402)444-5125 OMHACity of Omaha �` Paull D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The attached amendment to Section 36-276 of Article VII .of the Omaha Municipal Code has been prepared at the request of Councilmember Garry Gernandt. This change would increase the minimum fine on cases involving overweight vehicles to $250. Currently, it is unlawful to enter a posted street with a vehicle having a licensed gross weight in excess of six tons. The fine is governed by Section 1-10, permitting a fine of up to $500 as well as the potential of up to six months in jail. The reality is that fines are normally very small. Violations in some locations are common, and the cost to repair even one damaged street is huge. In addition, homes in these neighborhoods are affected as well. This proposed change would add the minimum $250 fine to anyone convicted of violating the existing ordinance. ' - pe tfully submitted, I / / /► artin J. Conboy III Deputy City Attorn-/� P:\LAW1\17044maficloc t, published daily in the English language, having a bona fide paid Cuming Street on the South, and 30th Street on the West, for acquisition, relocation as circulation in Douglas County in excess of 300 copies, printed in appropriate, demolition of structures, Omaha,in said County of Douglas,for more than fifty-two weeks last preparation of sites, and subsequent use as sites for implementing the Highlander past; that the printed notice hereto attached was published in THE Neighborhood Redevelopment Plan; provided that as to each specified parcel DAILY RECORD,of Omaha,on which cannot be obtained by negotiation, proceedings in eminent domain be March 28, 2007 undertaken and completed; and, providing for the effective date hereof. PASSED: March 20,2007,7-0 APPROVED BY: MIKE FAHEY 3/22/07 MAYOR OF THE i That sa,� New a er duringthat was regularly CI1Y OF_OMAHA �Sb3 SP P time published and BUSTER BROW Clerk � i Lion in the County of Dough,and State of Nebraska. City in g= 1 O, 3-28-07 i Ply •• ,, ••.�C ._ i C�:•G�SSER,ei . i Subscribed in rf.s •nee and sworn to before blishe efyS101`$ ' •ft�•0 me this 2 8 th day of pp�� S —07 ddiE}onalEGbptes $ I - ; �lL� +il�Tli WP N c in uglas County, ‘�� F State of Nebraska 2 8 th day of upgrade software for the traffic signal 7s ' controllers;and, r EXPIR A,r itiopal Copies $ • 0—Q 7 WHEREAS, the attached purchase order l contracts for the service needs detailed for ll 41 Z$•' the from of$2,000.00 date 0 for thea period of Ordinance ce onei 11 trl� a� 16,.,•�' • yearr, Tr Eg t u is in o ouglas County, adopted; and, ‘‘�\``�F State of Nebraska WHEREAS, the purchase order includes provisions to renew the service, at the same annual price,for up to nine additional years in one year increments. PASSED: March 20,2007,7-0 APPROVED-BY: MIKE FAHEY 3/22/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 3-28.07 able due to any cause or event beyond Wapiti's reasonable control, including, without limitation, acts of God, acts of any governmental authority, your acts, acts of terrorism, war, civil disturbance, labor disruption or strike, fire, explosion, inability to obtain necessary raw materials,utilities,transportation,machinery or services,and any similar or dissimilar cause or event. 17. U.S. Government-Restricted Rights. The Licensed Programs are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and Page 4 of 5 ORDINANCE NO. c374.94 1 AN ORDINANCE to amend Section 36-276 of Article VII of the Omaha Municipal Code relating to 2' "Traffic"entitled"Size and Weight"; to add a minimum$250 penalty for each violation;to 3 repeal Section 36-276 as hereto existing; and to provide an effective date. 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 5 Section 1. Section 36-276 of Article VII of the Omaha Municipal Code is hereby amended to 6 read as follows: 7 Sec. 36-276. Truck traffic prohibited on certain streets. 8 No person shall drive a truck on any street on which signs have been erected 9 . indicating that trucks are prohibited except when necessary to receive or discharge 10 merchandise from or at premises located, thereon, and then only between such 11 premises and the nearest intersecting street. Any person in violation of this section 12 shall be punished as prescribed in Section 1-10, and shall pay a minimum fine of 13 $250 for each such violation. 14 Section 2. That Section 36-276 of the Omaha Municipal Code as heretofore existing is 15 hereby repealed. 16 Section 3. This ordinance shall be in full force and take effect fifteen (15) days from and 17 after the date of its passage. INT' . 'r_:.; ED BY CO ILME R C6 fAPPROVED BY: MAR 2 0 2007 MAYOR OF THE CI OF OMAHA DATE PASSED ATTEST: `\ / 4 Wa.Lei 3 as-o4 'EPQTy CITY-CLERK OF THE Tfy OF OMAHA DATE APPROVED AS TO FORM: P:\LAW1\1-7045rpafac �E1 UT CITY ATTORNEY DATE n the West, for acquisition, relocation as circulation in Douglas County in excess of 300 copies, printed in appropriate, demolition of structures, Omaha,in said County of Douglas,for more than fifty-two weeks last preparation of sites, and subsequent use as sites for implementing the Highlander past; that the printed notice hereto attached was published in THE Neighborhood Redevelopment Plan; provided that as to each specified parcel DAILY RECORD,of Omaha,on which cannot be obtained by negotiation, proceedings in eminent domain be March 28, 2007 undertaken and completed; and, providing for the effective date hereof. PASSED: March 20,2007,7-0 APPROVED BY: MIKE FAHEY 3/22/07 MAYOR OF THE i That sa,� New a er duringthat was regularly CI1Y OF_OMAHA �Sb3 SP P time published and BUSTER BROW Clerk � i Lion in the County of Dough,and State of Nebraska. City in g= 1 O, 3-28-07 i Ply •• ,, ••.�C ._ i C�:•G�SSER,ei . i Subscribed in rf.s •nee and sworn to before blishe efyS101`$ ' •ft�•0 me this 2 8 th day of pp�� S —07 ddiE}onalEGbptes $ I - ; �lL� +il�Tli WP N c in uglas County, ‘�� F State of Nebraska 2 8 th day of upgrade software for the traffic signal 7s ' controllers;and, r EXPIR A,r itiopal Copies $ • 0—Q 7 WHEREAS, the attached purchase order l contracts for the service needs detailed for ll 41 Z$•' the from of$2,000.00 date 0 for thea period of Ordinance ce onei 11 trl� a� 16,.,•�' • yearr, Tr Eg t u is in o ouglas County, adopted; and, ‘‘�\``�F State of Nebraska WHEREAS, the purchase order includes provisions to renew the service, at the same annual price,for up to nine additional years in one year increments. PASSED: March 20,2007,7-0 APPROVED-BY: MIKE FAHEY 3/22/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 3-28.07 able due to any cause or event beyond Wapiti's reasonable control, including, without limitation, acts of God, acts of any governmental authority, your acts, acts of terrorism, war, civil disturbance, labor disruption or strike, fire, explosion, inability to obtain necessary raw materials,utilities,transportation,machinery or services,and any similar or dissimilar cause or event. 17. U.S. Government-Restricted Rights. The Licensed Programs are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and Page 4 of 5 0 -a 0 C co a ` " n co CD co C r r w N N Cj a ,s a r c. -I , M ~ Q. O - - 0 > Z f 2 i O C` 0 H Ni = m 1-1 X Z Z 2 0 n m t--‘g _ , Y cu (D . -• , 0 0 4., (D7' ilkk ' Lo= 0, ITI 81 ,?‹. 6 .- ° < Z 2 \ CU a `� � o P P "1CD m gb N tV O r. 0) • � � ,, O CD S•••••J C 11 © , C CD03 f!3 \ �. N ' Z m 6 O o E O. A nP3 G f� r O 0, O °, f7 ' N P P O N 1 * e' r, A - Z co C\<< a CD C� 10, and shall pay a minimum fine of 13 $250 for each such violation. 14 Section 2. That Section 36-276 of the Omaha Municipal Code as heretofore existing is 15 hereby repealed. 16 Section 3. This ordinance shall be in full force and take effect fifteen (15) days from and 17 after the date of its passage. INT' . 'r_:.; ED BY CO ILME R C6 fAPPROVED BY: MAR 2 0 2007 MAYOR OF THE CI OF OMAHA DATE PASSED ATTEST: `\ / 4 Wa.Lei 3 as-o4 'EPQTy CITY-CLERK OF THE Tfy OF OMAHA DATE APPROVED AS TO FORM: P:\LAW1\1-7045rpafac �E1 UT CITY ATTORNEY DATE n the West, for acquisition, relocation as circulation in Douglas County in excess of 300 copies, printed in appropriate, demolition of structures, Omaha,in said County of Douglas,for more than fifty-two weeks last preparation of sites, and subsequent use as sites for implementing the Highlander past; that the printed notice hereto attached was published in THE Neighborhood Redevelopment Plan; provided that as to each specified parcel DAILY RECORD,of Omaha,on which cannot be obtained by negotiation, proceedings in eminent domain be March 28, 2007 undertaken and completed; and, providing for the effective date hereof. PASSED: March 20,2007,7-0 APPROVED BY: MIKE FAHEY 3/22/07 MAYOR OF THE i That sa,� New a er duringthat was regularly CI1Y OF_OMAHA �Sb3 SP P time published and BUSTER BROW Clerk � i Lion in the County of Dough,and State of Nebraska. City in g= 1 O, 3-28-07 i Ply •• ,, ••.�C ._ i C�:•G�SSER,ei . i Subscribed in rf.s •nee and sworn to before blishe efyS101`$ ' •ft�•0 me this 2 8 th day of pp�� S —07 ddiE}onalEGbptes $ I - ; �lL� +il�Tli WP N c in uglas County, ‘�� F State of Nebraska 2 8 th day of upgrade software for the traffic signal 7s ' controllers;and, r EXPIR A,r itiopal Copies $ • 0—Q 7 WHEREAS, the attached purchase order l contracts for the service needs detailed for ll 41 Z$•' the from of$2,000.00 date 0 for thea period of Ordinance ce onei 11 trl� a� 16,.,•�' • yearr, Tr Eg t u is in o ouglas County, adopted; and, ‘‘�\``�F State of Nebraska WHEREAS, the purchase order includes provisions to renew the service, at the same annual price,for up to nine additional years in one year increments. PASSED: March 20,2007,7-0 APPROVED-BY: MIKE FAHEY 3/22/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 3-28.07 able due to any cause or event beyond Wapiti's reasonable control, including, without limitation, acts of God, acts of any governmental authority, your acts, acts of terrorism, war, civil disturbance, labor disruption or strike, fire, explosion, inability to obtain necessary raw materials,utilities,transportation,machinery or services,and any similar or dissimilar cause or event. 17. U.S. Government-Restricted Rights. The Licensed Programs are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and Page 4 of 5 itq 1 THE DAILY RECORD 'NOTICE TO PUBLIC" •The following Ordinance has been set for II/�• OF OM/� City Council hearing on March 6, 2007, at 1ra1711r� p.m., in the Legislative Chambers, Omaha/DouglasCentRONALD A. HENNINGSEN, Publisher Civic Centerr,, 1819 Farnam Street, at. which hearing all. persons PROOF OF PUBLICATION interested,may be heard. AN ORDINANCE to amend Section 36-276 of Article MI of the Omaha Municipal Code relating to 'Traffic' entitled 'Size and UNITED STATES OF AMERICA, Weight";to add a minimum 8250 penalty for The State of Nebraska each violation; to repeal Section 36-276 as , SS. hereto existing; .and to provide an effective District of Nebraska, date. BUSTER BROWN, County of Douglas, 3-2-07 City Clerk City of Omaha, J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,.of Omaha,on March 2,2007 Th -ISfiewvspaper during that time was regularly published and • liffiatIlation in the County of Doug and State of Nebraska. tiyyE***** ,t Subscribed in mce and sworn to before L 2nd (44r $ me this day of (P1 Mar h 07 dditional Copie,, . J'• M 10 ar• _ 1E\ o 'F N-R) No u t d r ouglas County, S to of Nebraska that the printed notice hereto attached was published in THE Neighborhood Redevelopment Plan; provided that as to each specified parcel DAILY RECORD,of Omaha,on which cannot be obtained by negotiation, proceedings in eminent domain be March 28, 2007 undertaken and completed; and, providing for the effective date hereof. PASSED: March 20,2007,7-0 APPROVED BY: MIKE FAHEY 3/22/07 MAYOR OF THE i That sa,� New a er duringthat was regularly CI1Y OF_OMAHA �Sb3 SP P time published and BUSTER BROW Clerk � i Lion in the County of Dough,and State of Nebraska. City in g= 1 O, 3-28-07 i Ply •• ,, ••.�C ._ i C�:•G�SSER,ei . i Subscribed in rf.s •nee and sworn to before blishe efyS101`$ ' •ft�•0 me this 2 8 th day of pp�� S —07 ddiE}onalEGbptes $ I - ; �lL� +il�Tli WP N c in uglas County, ‘�� F State of Nebraska 2 8 th day of upgrade software for the traffic signal 7s ' controllers;and, r EXPIR A,r itiopal Copies $ • 0—Q 7 WHEREAS, the attached purchase order l contracts for the service needs detailed for ll 41 Z$•' the from of$2,000.00 date 0 for thea period of Ordinance ce onei 11 trl� a� 16,.,•�' • yearr, Tr Eg t u is in o ouglas County, adopted; and, ‘‘�\``�F State of Nebraska WHEREAS, the purchase order includes provisions to renew the service, at the same annual price,for up to nine additional years in one year increments. PASSED: March 20,2007,7-0 APPROVED-BY: MIKE FAHEY 3/22/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 3-28.07 able due to any cause or event beyond Wapiti's reasonable control, including, without limitation, acts of God, acts of any governmental authority, your acts, acts of terrorism, war, civil disturbance, labor disruption or strike, fire, explosion, inability to obtain necessary raw materials,utilities,transportation,machinery or services,and any similar or dissimilar cause or event. 17. U.S. Government-Restricted Rights. The Licensed Programs are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and Page 4 of 5 "NOTICE TO PUBLIC" THE DAILY RECORD ORDINANCE NO.37676 AN ORDINANCE to amend Section 36-276 of Article VII of the Omaha Municipal Code OF OMAHA relating to 'Traffic' entitl ed 'Size and Weight";to add a minimum 8250 penalty fqr RONALD A. HENNINGSEN, Publisher eachr violation; to oal Sectio ec as PROOF OF PUBLICATION •hereto existing; and to provide an effective date. SUMMARY: AN ORDINANCE to amend Section 36-276 UNITED STATES OF AMERICA, of Article VII of the Omaha Municipal Code 1 relating to 'Traffic' entitled 'Size and The State of Nebraska, ss. Weight';to add a minimum 8250 penalty for District of Nebraska, each violation; to repeal Section 36-276 as County of Douglas, hereto existing; and to provide an effective date. City of Omaha, PASSED: March 20,2007,7-0 APPROVED BY: MIKE FAHEY 3/22/07 J.BOYD MAYOR OF THE CITY OF OMAHA BUSTER BROWN, being duly sworn,deposes and says that she is City Clerk 3-28-07 LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on March 28 , 2007 That ' , ig.zirpaper during that time was regularly published and in dihkulation in the County of Do ,an State of Nebraska. � ��y ERA/ �P .. V t Subscribed' y p ence and sworn to before ' NOTARY • iisheidratibSO$ me this 2 8 th day of EXPIRES ddilljonal Copies $ 2 7 • 2010:• ,z' • Ie OF N n an o glas ounty, State of Nebraska ed that as to each specified parcel DAILY RECORD,of Omaha,on which cannot be obtained by negotiation, proceedings in eminent domain be March 28, 2007 undertaken and completed; and, providing for the effective date hereof. PASSED: March 20,2007,7-0 APPROVED BY: MIKE FAHEY 3/22/07 MAYOR OF THE i That sa,� New a er duringthat was regularly CI1Y OF_OMAHA �Sb3 SP P time published and BUSTER BROW Clerk � i Lion in the County of Dough,and State of Nebraska. City in g= 1 O, 3-28-07 i Ply •• ,, ••.�C ._ i C�:•G�SSER,ei . i Subscribed in rf.s •nee and sworn to before blishe efyS101`$ ' •ft�•0 me this 2 8 th day of pp�� S —07 ddiE}onalEGbptes $ I - ; �lL� +il�Tli WP N c in uglas County, ‘�� F State of Nebraska 2 8 th day of upgrade software for the traffic signal 7s ' controllers;and, r EXPIR A,r itiopal Copies $ • 0—Q 7 WHEREAS, the attached purchase order l contracts for the service needs detailed for ll 41 Z$•' the from of$2,000.00 date 0 for thea period of Ordinance ce onei 11 trl� a� 16,.,•�' • yearr, Tr Eg t u is in o ouglas County, adopted; and, ‘‘�\``�F State of Nebraska WHEREAS, the purchase order includes provisions to renew the service, at the same annual price,for up to nine additional years in one year increments. PASSED: March 20,2007,7-0 APPROVED-BY: MIKE FAHEY 3/22/07 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 3-28.07 able due to any cause or event beyond Wapiti's reasonable control, including, without limitation, acts of God, acts of any governmental authority, your acts, acts of terrorism, war, civil disturbance, labor disruption or strike, fire, explosion, inability to obtain necessary raw materials,utilities,transportation,machinery or services,and any similar or dissimilar cause or event. 17. U.S. Government-Restricted Rights. The Licensed Programs are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and Page 4 of 5