Note: § 10.32.210 repealed by Ord. 2082-8/76.
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 an overload,
and to promote the general health, welfare and safety of the citizens
of this City.
(1392-3/68)
The provisions of this chapter shall apply to the United States,
this 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 of Public Works an agreement in writing to pay all damages,
costs or expenses which may be suffered or incurred by this City as
a result of the movement of any overload by such agency, 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.
(1392-3/68)
The following words and phrases shall have the meanings hereinafter
set forth, and if any word or phrase is not hereinafter defined, it
shall have the meaning set forth in the California 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 Huntington Beach, California.
means the Department of Public Works of the City.
means the Director of the Department of Public Works of this
City or his or her authorized representative.
means the combined weight of a vehicle and its load.
means and includes any vehicle or combination of vehicles
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, partnership,
trust or other organization, and shall include an owner, lessee, agent
or employee of any person, firm, individual, corporation, partnership,
trust or other organization.
(1392-3/68, 2082-8/76, 2881-12/86)
It is unlawful for any person to move, permit or cause to be
moved, any overload upon any public street or place in the City, without
first obtaining a permit therefor from the Director as required by
this chapter.
(1392-3/68)
It is unlawful for any person to move, or permit or cause to
be moved, any overload upon a public street or place in the City contrary
to the terms and conditions of the permit issued by the Director,
in violation of any provision of this chapter, other applicable provisions
of this Code, or of the California Vehicle Code, over a route or at
a time other than that specified on the permit. 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 exigency, or for the purposes of national defense. Any
permit may be revoked by the Director at any time for a violation
by permittee of this chapter, or when public health, safety or welfare
requires such revocation.
(1392-3/68, 2082-8/76)
A.
One-Day Permit. A permit is necessary to move a specified
overload on City streets during one day. Any number of trips may be
made on the day for which the permit is issued. The fee for such permit
shall be set by resolution of the City Council.
B.
Temporary Permit. A permit is necessary to move specified
identical overloads on City streets for a period of time not exceeding
30 days. The fee for such permit shall be set by resolution of the
City Council.
C.
Annual Permit. A permit is necessary to move specified identical
overloads in the City streets for a period not exceeding one year.
The fee for such permit shall be set by resolution of the City Council.
(1392-3/68, 2082-8/76, 2442-8/80, 2881-12/86)
Application for a permit to move an overload upon the public
streets of this City, together with the fee required for the type
permits requested shall be submitted to the Director. The Director
may delay issuance of the requested permit for the purpose of processing
and/or investigation of route for a period not to exceed three working
days after submittal of the application and fee.
(1392-3/68, 2082-8/76)
The application for an overload permit shall be made on a form
furnished by the Director, and shall contain the following information:
A.
Length
of time for which the permit is requested, i.e., for a single trip,
or 30 days, or annual;
B.
Except
in requests for annual permits, a statement of the street or place
over which applicant desires to travel;
C.
A complete
description of the vehicle or vehicles to be operated, including the
make, license number and weight, and name of the registered owner
of the truck;
D.
A description
of the type load to be moved, and if the request is for an annual,
the number of trips contemplated;
E.
Such
other information as the Director determines necessary to carry out
the provisions of this chapter.
(1392-3/68, 2082-8/76, 2881-12/86)
The applicant for an overload permit shall submit his or her
application to the authorized representative of the Public Works Director.
After preliminary examination by the Public Works Department, the
applicant may hand carry his or her application to the authorized
representative of the Police Chief who may cause investigations to
be made concerning compliance with state laws and local ordinances
regulating vehicle traffic safety and congestion, and the safety of
all property, public and private, including any public utility which
may be affected by proposed movement of an overload on the City streets.
After preliminary examination by the Police Department, the applicant
may hand carry his or her application back to the Public Works Department.
If an investigation is made, the Police Chief shall report his or
her findings to the Director of Public Works.
(1392-3/68, 2082-8/76)
A permit to move any overload shall set forth on its face the
period of time for which it is to be effective, the routes over which
the overload may be moved. 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 is void, and
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.
(1392-3/68)
The Director, as he or she deems necessary and reasonable, may
issue or refuse to issue an overload permit or may issue a permit
on such terms and conditions as he or she deems necessary to protect
the public streets or property of any person, including limiting the
number of trips, the weight, time of day trips are made, season during
which trips are 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 upon the public streets.
(1392-3/68)
Every overload permit shall be carried in the vehicle or with
the operator of the vehicle to which it refers and shall be presented
upon demand to any peace officer, traffic officer or other authorized
agent of the department of the City charged with the care and protection
of the City streets.
(1392-3/68)
Whenever the moving of any overload requires 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 and make such deposits
as are required by the affected public utility, and of the public
utility to act in an efficient and expeditious manner to remove or
displace or cause to be removed or displaced, such wire or other property.
(1392-3/68)
The Director shall determine or approve the times when an overload
may be moved, and shall determine or approve the route over which
each overload may be moved, in accordance with such movement permitted
by underpasses, overhead wires and other obstacles, condition of the
streets and other pertinent conditions. Routes shall, whenever possible,
be confined to arterial highways and not local streets. Overloads
traveling on a route approved by the Director are exempt from any
truck route regulations.
(1392-3/68)
It is unlawful for any person, unless accompanied by an escort
assigned by the Director, to move upon any public street or place,
any overload which falls within any of the following categories:
A.
Has
a gross weight in excess of 50 tons (100,000 pounds);
B.
The
load or vehicle exceeds in width one-half the narrowest roadway over
which such overload is moved;
C.
The
load or vehicle exceeds 18 feet (216 inches) in width, or 16 feet
(192 inches) in height;
D.
The
load or vehicle exceeds 65 feet overall in length.
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If the Director determines that such movement of the overload
may be made safely without damage to the street or injury to persons,
or undue interference with traffic or the use of the streets by the
public, he or she may waive the requirements of this section.
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(1392-3/68)
Every applicant for a permit to move any overload required to
be accompanied by an escort shall file with the Director a deposit
of cash sufficient to cover the costs of the escort at the rate of
$20.00 for each half day (four hours) or fraction thereof over four
hours, for the length of time 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 deposit the sum
of $20.00 for each half day (four hours) or fraction thereof, or of
$40.00 for each full day (eight hours) or fraction thereof over four
hours, for the time such escort was used by applicant, and shall authorize
the Director of Finance to refund to the applicant any difference
between the amount deposited and the amount so deducted. If an amount
insufficient to pay the costs of the escort at the above rates were
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.
(1392-3/68)
When any overload is required to be accompanied by an escort
and a permit has been issued 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 to
notify the Director at least 24 hours in advance of the time the move
is to be started and the escort needed.
(1392-3/68)
When it becomes impossible or impractical to remove an overload
from the City and such overload must be parked upon any public place
in the City, detour signs and warning lights approved by the Director
shall be so placed as to make passage of such overload safe for regular
traffic on the street. The Director and the Police Chief shall be
notified immediately that such overload will be parked, and either
of such officers may require such overload to be removed to a place
he or she deems safe for such overload and other traffic on the street.
(1392-3/68)
When any overload must be moved at night and the Director has
issued a permit therefor, warning lights must be placed upon such
overload to indicate the clearance of such overload in the front and
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, and there
must be at least four such warning lights visible from the front,
rear and each side of such overload. In addition, flaggers must be
employed to warn approaching traffic of the presence of such overload.
The Director may require such additional warning lights and signs
as he or she deems necessary for the protection of other drivers.
(1392-3/68)
The applicant shall furnish evidence of and maintain during
the period for which an overload permit is issued, a public liability
policy in the following amount or an amount equal to that required
by the California Public Utilities Commission:
Combined single limit bodily injury and/or property
damage: Combined single limit per occurrence in an amount equal to
the amount required by the Public Utilities Commission at the time
the application is filed.
(1392-3/68, 1976-5/75, 2082-8/76, 2804-12/85)
Applicant shall report any damage to any property, public or
private, as a result of moving or having upon public streets, any
overload. Such report shall be presented to the Director within 24
hours after such damage is caused. Such report shall include the location,
cause and description of any such damages, and the names of any witnesses.
(1392-3/68)
The City, the City Council, the Director or any City employee
shall not be liable for any loss or damage arising out of any violation
or failure to comply with this chapter.
(1392-3/68)
