The following words and phrases shall have the meaning hereinafter
set forth, and if any word or phrase is not hereinafter defined, it
shall have the meaning set forth in the State Vehicle Code, provided
that if any such word or phrase is not defined in said Vehicle Code,
it shall have the meaning attributed to it in ordinary usage.
means the City of Stockton.
means a 24-hour period.
means the Community Development Department of the City of
Stockton, California.
means the Director of the Community Development Department
of the City of Stockton or authorized representative.
means the combined weight of a vehicle and its load.
means and includes any vehicle or combination of vehicles,
including any loads which it or they may bear and carry, exceeding
the limitations set forth in Division 15 of the California Vehicle
Code relating to height, width, length, size or weight of a vehicle
or load.
means any person, firm, individual, corporation, association,
partnership, trust or other organization, and shall include an owner,
lessee, permittee, agent or employee of any person, firm, individual,
corporation, association, partnership, trust or other organization.
(Prior code § 10-101; Ord. 015-09 C.S., eff. 12-3-09)
The purpose of this chapter is to regulate and limit the use
of certain public streets and public property within the City by any
vehicle defined in this chapter as an overload, in order to prevent
damage to street foundations, surfaces or structures, to protect bridges
and other public or private property and life from damage or injury
resulting from the moving, or having upon a public street or place
an overload, and to promote the general health, welfare and safety
of the citizens of the City.
(Prior code § 10-102)
The provisions of this chapter shall apply to the United States,
State, counties, municipal corporations, school districts and to all
other governmental bodies, agencies, or instrumentalities; provided,
however, that if any such governmental agency shall file with the
Director an agreement in writing to pay all damages, costs or expenses
which may be suffered or incurred by the City as a result of the movement
of any overload by such agent, then such agency need not pay any permit
fee or post any deposit or policy of liability insurance required
by this chapter. This exemption shall not apply to any private contractor
engaged by any governmental agency, nor to any equipment or vehicle
not operated by any employee of the governmental agency moving the
overload under the supervision and control of an officer thereof.
(Prior code § 10-103)
It is unlawful and a misdemeanor for any person to move, permit
or cause to be moved, any overload on or over any public street or
public place in the City without first obtaining a permit therefor
from the Director as required by this chapter.
(Prior code § 10-104)
A.
It
is unlawful and a misdemeanor for any person to move, or permit or
cause to be moved, any overload on or over a public street or public
place within the City contrary to the terms, provisions, and conditions
of a permit issued hereunder by the Director, in violation of any
provision of this chapter, other applicable provisions of the Stockton
Municipal Code, or of the State Vehicle Code, including but not limited
to terms, provisions and conditions concerning a particular route,
and a particular time for movement and/or under conditions, including
but not limited to weather conditions, that would make such movement
hazardous to persons using public streets and places within the City.
B.
This
section shall not apply to an overload being moved at the request
of an authorized public officer in the event of flood, fire, earthquake
or other public disaster or emergency or for the purposes of national
defense.
(Prior code § 10-105)
A.
One-Day
Permit. The Director may issue a permit to move one or more specified
overloads at specific times on specifically designated City public
streets or places during one day. Any number of such trips, by one
or more vehicles, may be made as provided in the permit by the Director
on the day for which said permit is issued. The fee for such permit
shall be fixed and set by resolution of the City Council of the City.
Such fee shall be paid prior to issuance of said permit.
B.
Temporary
Permit. The Director may issue a permit to move any number of specified
identical overloads on or over specifically designated City public
streets or places at specific times by one or more vehicles as provided
in the permit by the Director for a period of time not exceeding 30
consecutive calendar days. The fee for such permit shall be fixed
and set by resolution of the City Council of the City. Such fee shall
be paid prior to issuance of said permit.
C.
Annual
Permit. The Director may issue a permit to move any number of overloads
on or over specifically designated City public streets or places at
specific times by one or more vehicles as provided in the permit by
Director during a period of time not exceeding 365 consecutive calendar
days, provided each of said overloads does not exceed the following
size, length, height, weight and width limitations:
1.
The
overload shall not exceed in width one half the narrowest roadway
over which such overload is to be moved.
2.
The
overload shall not exceed 18 feet (216 inches) in width, or 18 feet
(216 inches) in height.
3.
The
overload shall not exceed 135 feet overall in length; provided, however,
an overload, which exceeds 70 feet overall in length shall be subject
to the provisions of the section concerning an escort unless the Director
has, at the time such annual permit is issued, determined that the
movement of an overload exceeding 70 feet overall in length on or
over specifically designated City public streets and places at specific
times can be made safely and without undue interference with traffic
or use of the said streets and places by the public.
4.
An
overload shall not exceed 100 tons in gross weight and shall conform
to the weight, axle number and wheel loading requirements of the State
as provided in California Vehicle Code Sections 35550 and 35551, provided,
however, the Director may, at the time of issuing such annual permit,
reduce the gross weight limitation stated herein, if the specifically
designated City public streets and places to be used in moving said
overloads would in his or her opinion be materially damaged thereby.
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The fee for such permit shall be fixed and set by resolution
of the City Council of City. Such fee shall be paid prior to the issuance
of said permit.
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(Prior code § 10-106)
The application for any overload permits required hereunder
shall be made on a form furnished by the Director and shall contain
the following and data:
A.
Length
of time for which the permit is requested.
B.
A statement
of the public streets or places on or over which applicant desires
to travel.
C.
The
time of day when applicant desires to move the overload.
D.
A complete
description of the vehicle or vehicles to be operated, including the
make, license number, number of axles, wheel loading rations, height,
length, width, gross weight and name of the registered owner of the
vehicle. In the case of annual permits, or other permits contemplating
uses of more than one vehicle, permittee may substitute or add vehicles
or loads being operated or transported under such permit upon submission
to the Director of the required information regarding such vehicles
and his or her approval thereof by addendum to the permit at least
24 hours prior to their operation or transportation.
E.
A description
of the type load to be moved, and if the request is for an annual
permit, the number of trips contemplated for each of said type loads.
F.
Such
other information and data as the Director determines is necessary
and required to carry out the provisions of this chapter.
(Prior code § 10-107)
A.
Upon
receiving an application for an overload permit, the Director shall
immediately cause investigations to be made concerning whether the
overloads, vehicles, loads and activities proposed in the application
comply with State laws and City ordinances and resolutions regulating
vehicles, traffic safety and congestion, and pertaining to the safety
of all property, public and private, including any public utility
which may be affected by the proposed movement of an overload on or
over the public streets and places of City.
B.
When
special problems are anticipated, the Director shall refer a copy
of the application to the Chief of Police. The Chief of Police shall
cooperate with the Director in developing whatever special requirements
may be necessary of the applicant as a condition to issuance of the
permit.
(Prior code § 10-108)
Whenever the moving of any overload shall require the removal
or displacement of any wire or other property of any public utility,
it shall be the duty of the applicant to give notice to the affected
public utility and make such guarantees as are required by the said
public utility. Upon receipt of such notice and guarantees, the affected
public utility shall act in an efficient and expeditious manner to
remove or displace or cause to be removed or displaced, such wire
or other property.
(Prior code § 10-109)
If at the completion of the investigations required herein,
the Director finds and determines that the overload movement as proposed
in the application will not be detrimental to the public health, peace,
safety and welfare, the Director shall issue an overload permit subject
to such reasonable terms, provision and conditions as he or she deems
necessary to protect the public streets and places or property of
any person and the public health, peace, safety and welfare, including
but not limited to restricting the number of trips, the weight, length,
width, height and size of an overload, the time of day trips may be
made, the date periods during which trips may be made, and requiring
applicant to obtain written approval of any person whose property
will be unduly disturbed or endangered by applicant's moving an overload
on or over public streets or places.
(Prior code § 10-110)
The Director shall determine and approve the time and dates
when an overload may be moved, and shall determine and approve the
route or routes over which each overload may be moved, giving due
consideration to existing underpasses, overhead wires and other obstacles,
conditions of the streets, and other pertinent conditions. Prescribed
routes shall, whenever possible, be confined to arterial highways
and not local streets. Overloads traveling on a route approved hereunder
by the Director shall be exempt from the City truck route regulations.
(Prior code § 10-111)
A permit to move any overload shall set forth on its face the
dates and periods of time for which it is to be effective, the routes
over which the overload may be moved and any other information the
Director may find is necessary for proper enforcement of this chapter,
including but not limited to the name of permittee, the height, weight,
length, width limitations, a description of the overload by vehicle
identification number and the nature of the load. Any permit which
fails to contain any of the above information or which purports to
grant authority to move any overload, contrary to the provisions of
this chapter, State laws and City ordinances and resolutions, is void.
The City or any City officer or employee is not liable for any damages
resulting to applicant due to such permit failing to contain any of
such information.
(Prior code § 10-112)
Every overload permit, or facsimile thereof, in the case of
annual or other permits which contemplate the use of more than one
vehicle, shall be carried in the vehicle or by the operator of the
vehicle to which it refers and shall be presented upon demand, to
any peace officer, or duly authorized City law enforcement officer,
traffic officer, or any duly authorized agent of the department of
the City charged with the care and protection of the City's public
streets and places.
(Prior code § 10-113)
A.
If
the Director has reason to believe a permittee has violated or is
causing or permitting a violation of this chapter or any pertinent
laws of the State, County or City, or when it has been shown to his
or her satisfaction that the activities so permitted are being conducted
in a manner detrimental to the public health, peace, safety or welfare
of the City, or when he or she has cause to believe a permittee or
any agent, officer or employee of a permittee has misrepresented,
falsified or concealed any material fact in an application for a permit,
then the Director shall call for a hearing to determine whether or
not such a permittee's permit shall be revoked.
B.
The
Director shall notify such a permittee at least five days before the
hearing. Said notice may be by personal service or by written notice
mailed to the permittee as shown on his or her application. The Director
shall hear and receive all relevant evidence presented by the permittee.
C.
The
Director shall, within 24 hours determine whether or not good grounds
exist for the revocation or suspension of said permit. Said permit
may be suspended or revoked for any reason for which said hearing
was called.
D.
If
said permit is suspended or revoked, it shall be delivered forthwith
to the Director.
(Prior code § 10-114)
A.
It
is unlawful and a misdemeanor for any person, unless accompanied by
an escort assigned or approved by the Director, to move on or over
any City public street or place, any overload which falls within any
of the following categories:
B.
If
the Director determines that the proposed movement of said overload
may be made safely, without damage to the street or injury to persons,
and without undue interference with traffic or the use of the public
streets by the public, he or she may waive the requirements of this
section.
(Prior code § 10-115)
Every applicant for a permit to move any overload required to
be accompanied by an escort shall file with the Director prior to
any such movement a deposit of cash sufficient to cover the costs
of the escort at a rate to be fixed by resolution of the City Council
of the City. The fee deposited shall be that figure obtained by multiplying
the fee per hour fixed and set by resolution of the City Council times
the length of time computed in hours which the Director deems necessary
for the performance of such service. The Director shall deposit all
such escort fees with the City Treasurer. Upon the completion of the
moving of such overload, the Director shall deduct from such total
deposit the sum actually needed to cover the cost of the escort, according
to the rate fixed by resolution of the City Council, and shall authorize
the Director of Finance to refund to the applicant any difference
between the amount deposited and the amount so charged. If an amount
insufficient to pay the costs of the escort at the above rates was
deposited by applicant, he or she shall pay to the Director an additional
amount of money sufficient to pay for the cost of the escort according
to the rate fixed and set by resolution of the City Council, said
payment to be made to the Director of Finance within 48 hours of applicant's
receipt of a statement of said additional costs.
(Prior code § 10-116)
When any overload is required to be accompanied by an escort,
a permit has been issued therefor and the deposit for the escort has
been paid to the Director, the Director shall assign an escort to
accompany the overload. It shall be the duty of the mover of any overload
requiring an escort to notify the Director at least 24 hours in advance
of the time the move is to be started.
(Prior code § 10-117)
The escort requirements of Sections 10.20.150, 10.20.160 and 10.20.170 of this chapter shall not apply if the permittee submits to the Director no later than 48 hours prior to the commencement of the proposed movement sufficient evidence of his or her ability to provide suitable escort and the Director approves such proposed escort by addendum to the permit.
(Prior code § 10-118)
Whenever it becomes impossible or impractical to move or remove
an overload from the City public streets or places, detour signs and
warning lights, approved by the Director, shall be so placed as to
make the stopping or parking of such overload safe for regular traffic
on said streets or places. The Director and the Chief of Police shall
be notified immediately by permittee or the mover of the overload
that such overload will be parked or stopped. Either of said City
officers may require such overload to be moved or removed, if possible,
to a place deemed safe for such overload and other traffic on said
streets or places.
(Prior code § 10-119)
A.
When
any overload is moved at night, and the Director has issued a permit
for such a movement, warning lights shall be placed by permittee or
the mover of the overload upon such overload in such manner as to
indicate the clearance of such overload in the front, on the rear
and each side. Such warning lights must be visible from a distance
of 500 feet from the front, rear and each side of the overload and
there must be at least four such warning lights visible from the front,
rear and each side of such overload. In addition, flaggers shall be
employed by permittee to warn approaching traffic of the presence
of such overload if the Director determines that such flagmen are
necessary to protect persons using the City public streets and places
and so notifies permittee or the mover of the overload.
B.
Notwithstanding
the above provisions, the Director may require the permittee to provide
such additional warnings and signs as the Director deems necessary
for the protection of pedestrians, vehicles and the drivers thereof
who are using said public streets and places.
C.
"Night"
within the meaning of this section means that period of a day when
the sun has set and has not yet arisen, during which period there
is natural darkness.
(Prior code § 10-120)
A.
The
permittee hereunder shall indemnify and save harmless the City, members
of the City Council, the Director, Chief of Police and other City
officials and employees, from any suits, claims or actions brought
by any person or persons for or on account of any injuries or damages
sustained because of or arising out of the movement or location of
an overload on or upon City public streets or places.
B.
Said
permittee shall keep in force during the period for which an overload
permit is issued, a policy of public liability and property damage
insurance against liability for injuries to persons or property arising
out of accidents, or occurrences attributable to or in connection
with the movement of, or having on the City's public streets or places,
an overload. The policy shall provide for not less than the following
coverage amounts:
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1.
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Bodily injury:
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$100,000.00 each person.
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$300,000.00 each accident.
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2.
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Property damage:
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$100,000.00 each accident.
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The permittee shall furnish the City with satisfactory
proof of carrying the insurance required by submitting certificates
of policies of insurance to the Director prior to the issuance of
any permit under this chapter. The policy of insurance so provided
shall contain a contractual liability endorsement covering the liability
assumed by the permittee by the terms of his or her permit and shall
contain a provision that such policy may not be cancelled nor the
amount of coverage thereof reduced until 30 days after receipt by
the Director, of a registered, written notice of such cancellation
or reduction in coverage.
(Prior code § 10-121)
Permittee shall report any damage to any property, public or
private, as a result of moving or having on or upon City public streets
or places any overload. Such report shall be presented to the Director
within 24 hours after such damage results. Such report shall include
the location, cause, and description of any such damage, and the names
of any witnesses thereto and shall bear the signature of permittee
or duly authorized agent.
(Prior code § 10-122)
The City, the City Council, the Director, Chief of Police, or
any City official or employee shall not be held liable for any loss
or damage arising out of any person's violation of or failure to comply
with this chapter.
(Prior code § 10-123)
A.
Any
person aggrieved or affected by any decision of the Director under
the provisions of this chapter may notice an appeal therefrom in writing
to the Director and upon Director's receipt thereof he or she shall
set a hearing no later than seven days from its receipt before a Board
composed of a member of the City Council, the City Manager and City's
Fire Chief. In the absence of the City Manager, his or her assistant
shall serve on such Board. The appellant hereunder may request or
consent in writing to the hearing being held on a date later than
that established herein. At such hearing, the Board shall hear all
interested parties, consider all relevant evidence submitted thereto,
and make a final determination of the matter within five days of the
close of the hearing. In the event said hearing Board fails or refuses
to hold such hearing or to make its decision within the time period
prescribed herein, the person seeking such hearing shall then be entitled
to have the matter presented to and determined at the next regular
Council meeting held after the expiration of said periods.
B.
The
Council's timely decision hereunder shall be final and conclusive.
(Prior code § 10-124)
