City of Redwood v. Dalton Construction Co.
City of Redwood v. Dalton Construction Co.
Opinion of the Court
Opinion
In 1983, appellant Dalton Construction Company contracted with San Mateo County to construct a public utility as part of the
Pursuant to its county contract, Dalton transported “ ‘earth materials’ ” over the city’s streets to a site in an unincorporated area on the outskirts of the city. It necessarily used vehicles with gross weights over three tons in order to complete this task. In June 1984, one of Dalton’s drivers was cited for violating the city’s earth hauling ordinance. Ultimately, the driver was acquitted of these charges.
In 1985, the city filed an action against Dalton to collect additional fees. In 1988, an arbitrator denied the city’s claim. The city rejected the decision. In September 1988, the trial court awarded the city $8,500 in additional fees that it sought. Dalton appeals, contending that it is exempt from the city’s hauling ordinance and that the criminal court determination that its driver was not guilty of violating the city’s hauling ordinance required the civil court to find the ordinance was illegal under the doctrine of collateral estoppel. We affirm the judgment.
I. Exemption
First, Dalton argues that state law exempts it from application of the city’s hauling ordinance. A city may generally prohibit use of a street by a vehicle exceeding a maximum gross weight limit. (Veh. Code, § 35701, subd. (a); see Ratkovich v. City of San Bruno (1966) 245 Cal.App.2d 870, 877, 884 [54 Cal.Rptr. 333].)
We agree with the trial court’s conclusion. By its plain language, section 35704 exempts certain contractors from the application of an ordinance
To construe section 35704, which specifically creates an exemption from prohibition of use, to exempt the regulation of that use would violate these cardinal rules of statutory construction. The distinction between a regulation and a prohibition is well understood in municipal law. (See San Diego T. Assn. v. East San Diego (1921) 186 Cal. 252, 254 [200 P. 393, 17 A.L.R. 513].) The term “prohibit” means “[t]o forbid by law; to prevent;— not synonymous with ‘regulate.’ ” (Black’s Law Diet. (5th ed. 1979) p. 1091, col. 1.) The term “regulate” means “to adjust by rule, method, or established mode; to direct by rule or restriction; to subject something to governing principles of law. It does not include a power to suppress or prohibit [citation].” (In re McCoy (1909) 10 Cal.App. 116, 137 [101 P. 419].) Therefore, we are satisfied that section 35704 was not intended to apply to ordinances regulating street use, but only to those prohibiting such use.
The only case that construes the meaning of section 35704 is Ratkovich v. City of San Bruno, supra, 245 Cal.App.2d 870. The parties debate the applicability of Ratkovich to this case. We find it to be of little assistance to us in the present appeal. The issues in dispute in Ratkovich—whether the contracted project was for a public utility, whether the construction site was adjacent to the city, and whether the vehicles were necessarily in use within the scope of that statute—are stipulated to by the parties to the present appeal.
Dalton also urges exemption from application of the statute based on the language of the contract. The pertinent provision of the county contract
II. Collateral Estoppel
The judgment is affirmed.
Anderson, P. J., and Perley, J., concurred.
All statutory references are to the Vehicle Code.
Dalton also contends that the clause in its county contract requiring it to pay all fees necessary to complete the work does not constitute a waiver of its right to challenge the city ordinance. The trial court did not hold that any waiver had occurred, but ruled on the merits of the decision. We have done the same.
Ratkovich also discussed whether the ordinance enacted pursuant to section 35704 was an invalid exercise of police power because the fee was unreasonably high. (Ratkovich v. City of San Bruno, supra, 245 Cal.App.2d at pp. 877-883.) Dalton did not contend at trial that the fees were so large as to become prohibitive.
See footnote, ante, page 1570.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.