The purpose of this chapter is to regulate and limit the use
or certain public streets and public property within the town by any
vehicle, defined in this chapter as an oversize vehicle, 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 oversize vehicle, and to promote the general health, welfare
and safety of the citizens of the town.
(Ord. 125 § 1, 1993)
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 town as
a result of the movement of any oversize vehicle 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 oversize vehicle under the supervision
and control of an officer thereof.
(Ord. 125 § 1, 1993)
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 such word or phrase is not defined in the Vehicle Code, it
shall have the meaning attributed to it in ordinary usage:
means the department of public works of the town.
means the director of the department of public works of this
town 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.
means the town of Loomis, California.
(Ord. 125 § 1, 1993)
It is unlawful for any person to move, permit or cause to be
moved, any oversize vehicle upon any public street or place in the
town, without first obtaining a permit therefore from the director
as required by this chapter.
(Ord. 125 § 1, 1993)
It is unlawful for any person to move, or permit or cause to
be moved, any oversize vehicle upon a public street or place in the
town contrary to the terms and conditions or the permit issued by
the director, in violation of any provisions 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 oversize vehicle 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.
(Ord. 125 § 1, 1993)
A.
Single
Trip Permit. A permit is necessary to move a specified oversize vehicle
on town streets during one day. The fee for such permit shall be set
by resolution of the town council.
B.
Annual
Permit. A permit is necessary to move specified oversize vehicles
on town streets for a period not exceeding one year. The fee for such
permit shall be set by resolution of the town council. Only one unit
or group of similar units may be included in an annual permit which
shall describe the special equipment, maximum size and maximum weights,
including the vehicle license number or other identifying number.
(Ord. 125 § 1, 1993)
Application for a permit to move an oversize vehicle upon the
public streets of this town, together with the fee required for the
type of 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.
(Ord. 125 § 1, 1993)
Application for a permit to move an oversize vehicle upon the
public streets 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 annual;
B.
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.
(Ord. 125 § 1, 1993)
A permit to move any oversize vehicle shall set forth on its
face the period of time for which it is to be effective, and the routes
over which the oversize vehicle may be moved. Any permit which fails
to contain any of the above information or which purports to grant
authority to move any oversize vehicle contrary to the provisions
of this chapter is void, and the town, any town officer or employee
is not liable for any damages resulting to applicant due to such permit
failing to contain any of such information.
(Ord. 125 § 1, 1993)
The director, as he or she deems necessary and reasonable, may
issue or refuse to issue an oversize vehicle 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 oversize vehicle upon the public
streets.
(Ord. 125 § 1, 1993)
Every oversize vehicle 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 town charged with the care and protection
of the town streets.
(Ord. 125 § 1, 1993)
Whenever the moving of any oversize vehicle 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
of displace or cause to be removed or displaced, such wire or other
property.
(Ord. 125 § 1, 1993)
The director shall determine or approve the times when an oversize
vehicle may be moved. Transportation of overwidth and overweight vehicles
and equipment shall be restricted to the normal five day week during
daylight hours except in cases of emergency. The director shall determine
or approve the route over which each oversize vehicle 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.
(Ord. 125 § 1, 1993)
When it becomes impossible or impractical to remove any oversize
vehicle from the town and such oversize vehicle must be parked upon
any public place in the town, detour signs and warning lights approved
by the director shall be so placed as to make passage of such oversize
vehicle safe for regular traffic on the street. The director and chief
of police shall be notified immediately that such oversize vehicle
will be parked, and either of such officers may require such oversize
vehicle to be removed to a place he or she deems safe for such oversize
vehicle and other traffic on the street.
(Ord. 125 § 1, 1993)
When any overload must be moved at night and the director has
issued a permit therefore, warning lights must be placed upon such
oversize vehicle to indicate the clearance of such oversize vehicle
in the front and on the rear and each side. Such warning lights must
be visible from a distance of five hundred 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 oversize vehicle.
In addition, flagmen must be employed to warn approaching traffic
of the presence of such oversize vehicle. The director may require
such additional warning lights and signs as he deems necessary for
the protection of other drivers.
(Ord. 125 § 1, 1993)
The applicant shall furnish evidence of and maintain during
the period for which any overload permit is issued, a public liability
policy in an amount equal to that required by Vehicle Code Sections
16000 and 16056.
(Ord. 125 § 1, 1993; Ord. 207 § 34, 2003)
Applicant shall report any damage to any property, public or
private, as a result of moving or having upon public streets, any
oversize vehicle. Such report shall be presented to the director within
twenty-four 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.
(Ord. 125 § 1, 1993)
The town, the town council, the director and any town employee
shall not be liable for any loss or damage arising out of any violation
or failure to comply with this chapter.
(Ord. 125 § 1, 1993)
