The purpose and intent of this chapter is for the City Council
to permit the controlled operation and moving of vehicles or loads
upon highways under its jurisdiction in excess of size, height and
weight of vehicles allowed to be moved or operated on highways under
the provisions of the
Vehicle Code of the state, and protect the public
safety and welfare by requiring a permit and the filing of a policy
of insurance protecting the public against personal injury and property
damage.
(Ord. NS-471 § 1, 1999)
Whenever in this chapter the following words or phrases are
used they shall mean:
"City Engineer"
means the City Engineer or designee, who is the City Traffic
Engineer.
"Oversize"
means any vehicle and/or load in excess of the size and weight
of vehicles and/or loads allowed to be moved or operated on highways
under the provisions of the
Vehicle Code of the State of California.
(Ord. NS-471 § 1, 1999; Ord. CS-389 § 7, 2021)
No person shall move or cause to be moved over or across any
public right-of-way under the jurisdiction of the city any vehicle,
load, trailer, or combination thereof, which exceeds the height, width,
length, size or weight of vehicle or load limitations provided in
Division 15 of the
Vehicle Code of the state, without first obtaining
an oversize load permit thereof from the City Engineer, which will
be subject to the following regulations:
A. An
oversize load permit may be designated by the City Engineer as either
a single-move permit for the movement of an oversized vehicle or load
over a designated route on a specified date, or an annual or repetitive
permit issued for the period specified on the oversize load permit.
Repetitive oversize load permits may be issued on the type of vehicle
carrying the load in the case of non-self-propelled vehicles, and
on the specific vehicle in the case of self-propelled vehicles. Repetitive
oversize load permits shall authorize the movement of the vehicles,
or loads specified on the permit; provided however, that the vehicle
or load shall not exceed a width of 13 feet, a height of 16 feet,
or a length of 100 feet. If the load proposed under the repetitive
load transportation permit exceeds the weight limits as prescribed
in Division 15 of the
Vehicle Code of the state by more than 25%,
such move shall be subject to such route restrictions as are designated
by the City Engineer.
B. The
City Engineer shall use a standard transportation permit form established
by the California Department of Transportation.
C. The
applicant for an oversize load permit shall be a person licensed as
a specialty contractor by the state to engage in the business of moving
oversized vehicles and/or loads.
D. Application
for an oversize load permit shall be made to the office of the City
Engineer a minimum of 72 hours prior to the time proposed for the
move.
E. On
the oversize load permit, the permittee shall designate the specific
route or routes, the specific date or dates, and the hours in which
the move will occur.
(Ord. NS-471 § 1, 1999)
The applicant shall comply with the following insurance requirements:
A. At
the time of making application for a permit pursuant to this chapter,
the applicant shall attach or have on file with the city, a certificate
of insurance showing auto liability insurance covering all bodily
injury and property liability incurred during the moving period, with
a coverage limit of not less than one million dollars per accident;
such vehicle insurance shall include non-owned autos.
B. The
certificate of insurance shall further indicate the city will be entitled
to at least 10 days' written notice of cancellation of the policy
of insurance.
C. Governmental
agencies, including the state and its political subdivisions, will
not be required to provide the insurance required by this section,
but shall be required to indemnify and hold the city harmless from
any loss arising out of injury to persons, or damage to property,
resulting directly or indirectly from the operation permitted by the
oversize load permit, including the defense of any action arising
therefrom, at no cost to the city.
(Ord. NS-471 § 1, 1999)
For moves which, because of their emergency nature, require
approval during periods other than the regularly scheduled working
hours of the City Engineer or Chief of Police, authorized representatives
thereof may grant interim approval for such moves on the condition
that a permit will be acquired during the next regularly scheduled
working day. Failure to acquire such permits may result in disqualification
for obtaining future permits.
(Ord. NS-471 § 1, 1999)
The City Engineer shall not issue an oversize load permit if
any one of the following conditions exists:
A. If
the overweight per axle exceeds the limits provided in Division 15
of the
Vehicle Code of the state by 50%;
B. If
the move is determined by the City Engineer to be prohibitive from
the standpoint of public safety or contrary to the public interests;
C. If
the applicant has repeatedly violated conditions of previously issued
permits, or the applicant has unsettled claims against him or her
for damages resulting from past moves;
D. If
the applicant has failed to obtain a permit on the next regularly
scheduled working day following interim approval for an emergency
move.
(Ord. NS-471 § 1, 1999)
Any person desiring an oversize load permit shall comply with
the following regulations:
A. The
permittee shall have the responsibility to ascertain the adequacy
of the route requested for the move. When an over-height load is authorized
(over 13 feet, six inches), the permittee shall check all under-passes,
bridges, overhead wires and other limiting structures or facilities
for adequate clearance. The permittee shall notify the owners of all
overhead lines or structures subject to disturbances or damage by
his or her move and shall make arrangements for the temporary removal
or relocation of the conflicting facility if required. The permittee
shall bear all costs for such relocation where the facility is located
in accordance with state and local regulations.
B. For
any move involving a load or vehicle whose vertical height is 18 feet
or over, or whose width is 30 feet or more, the permittee shall submit
to the agencies whose facilities will be affected by such move the
proposed route for approval at least 72 hours in advance of the move.
No permit shall be issued until clearances have been received from
the power company and telephone company or other agency owning such
facility. Permittee shall be responsible for obtaining such clearance
prior to permit issuance.
C. Oversize
load permits shall be carried in the vehicle whose movement is authorized
by such permit, and shall be available for inspection by any police
officer, or any authorized agent of the city. Oversize load permits
issued pursuant to this chapter shall be nontransferable.
D. All
moving operations under an oversize load permit shall be in conformance
with all general and special conditions set forth by the City Engineer
on such permit.
E. In case of damage to any street or other public street improvement by reason of the moving of any vehicle or load under the oversize load permit, the city shall cause such work to be done as may be necessary to restore the public street improvement to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the permittee. Such damages as occur may be recovered from the insurance required under Section
10.33.040.
F. Movement
of oversize loads or vehicles shall be prohibited during the hours
of darkness (one-half hour after sunset to one-half hour before sunrise),
and between the hours of 6:00 a.m. and 9:00 a.m., and 3:30 p.m. and
6:30 p.m., or as stipulated in the permit.
G. The
City Engineer shall have the right to inspect all rollers, trucks,
wheels, dollies, tractors or other apparatus proposed to be used in
the moving operations. The City Engineer shall be the sole judge as
to the adequacy of such equipment, and may require the use of such
apparatus as in his or her judgment will not cause injury to streets
or pavements. Any permit issued under this chapter shall stipulate
that all equipment used in moving operations shall be subject to the
approval of the City Engineer.
H. Temporary
"No Parking Tow Away" signs shall be posted 72 hours prior to the
move by the permittee as designated on the permit.
I. The
permittee shall comply at all times with the provisions of the Vehicle
Code of the state.
(Ord. NS-471 § 1, 1999)
The City Engineer shall not require an oversize load permit
if any of the following conditions exists:
A. Oversized
load vehicles shall have ingress or egress by direct route to and
from such restricted streets for the purpose of ordinary commerce
of making pickups or deliveries of goods, wares and merchandise.
B. Oversized
load vehicles coming from an unrestricted street having ingress or
egress by direct route to and from such restricted streets when necessary
for the purpose of making pickups or deliveries of goods, wares and
merchandise from or to any building or structure for the purpose of
delivering materials to be used in the actual bona fide repair, alteration,
remodeling or construction of any building or structure for which
a building permit has previously been obtained, or any vehicle owned
by a public utility in use in construction, installation or repair
of any public utility.
(Ord. NS-471 § 1, 1999)
Permit fees required subject to the following regulations:
A. The
fees for an oversize load permit shall be set by resolution of the
City Council upon the recommendation of the City Manager. The fee
shall not exceed the fee schedule developed by the California Department
of Transportation.
B. A copy
of the fee schedule established by resolution of the City Council
shall be placed on file in the office of the City Clerk.
C. An
extension of the effective date or an amendment to the oversize load
permit may be made without payment of additional fees, if approved
by the City Engineer, and if requested prior to the expiration date
of the original permit.
D. Government
agencies, including the State of California and any of its political
subdivisions, shall be required to make application for permits as
provided under the provisions of this chapter, and if approved, shall
be issued a no-fee permit in accordance with the provisions of this
chapter. Independent contractors engaged in government contracts shall
not be exempt from permit fees.
(Ord. NS-471 § 1, 1999)
Any person or corporation proceeding without a permit or in
violation of a permit is guilty of an infraction.
(Ord. NS-471 § 1, 1999)
The City Engineer may deny issuance of a permit or revoke or
suspend a permit issued to any person who violates any provision of
this chapter. Within 10 calendar days after receipt of the decision
of City Engineer, any party affected by the decision may file with
the City Clerk a written request for a hearing before the City Council.
Fees for appeal shall be established by resolution of the City Council.
Upon the filing of such a request and payment of fees, the City Clerk
shall set the matter for a hearing and shall notify the appellant
of the date, time and place of such hearing at least five days before
the hearing date. At the hearing, any person may present evidence
in opposition to, or in support of, appellant's case.
(Ord. NS-471 § 1, 1999)
The requirements of this chapter shall not affect the requirements
of any other chapter of this code requiring permits, fees and bonds,
including the requirements for moving and relocating structures.
(Ord. NS-471 § 1, 1999)