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HomeMy WebLinkAbout1999-03-02; City Council; NS-471; CMC 10.33 amends - Oversize vehicle or load permit program...8 9 IO 11 12 13 14 15 16 17 18 23 24 25 26 27 28 ORDINANCE NO. NS-471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE IO OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 10.33 TO ESTABLISH AN OVERSIZE VEHICLE OR LOAD PERMIT PROGRAM. The City Council of the City of Carlsbad, California, hereby ordains as follows: SECTION 1: That Title 10, of the Carlsbad Municipal Code is amended by the addition of Chapter 10.33 to read as follows: CHAPTER 10.33 OVERSIZE VEHICLE OR LOAD PERMIT Sections: 10.33.010 10.33.020 10.33.030 10.33.040 10.33.050 10.33.060 10.33.070 10.33.080 10.33.090 10.33.100 10.33.110 10.33.120 Purpose and Intent Definitions Permit Required Insurance Required Emergency Moves Permit Denial Permit Regulations Exceptions Permit Fees Violations Appeal Exclusions from Applicability of Provisions 10.33.010 Purpose and Intent. 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 of California, 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. 10.33.020 Definitions. Whenever in this chapter the following words or phrases are used they shall mean: a) “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. b) “City Engineer” shall mean the City Engineer or his designated representative. : : 10.33.030 Permit Required. ~.3 No person shall move or cause to be moved over or across any public right of way under the jurisdiction of the City of Carlsbad any vehicle, load, trailer, or combination thereof, which exceed the height, width, length, size or weight of vehicle or load limitations provided in Division 15 of the Vehicle Code of the State of California, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 nonself-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 thirteen feet, a height of sixteen feet, or a length of one hundred 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 of California by more than twenty-five percent, said 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 seventy-two 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. 28 10.33.040 Insurance Required. 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 ten 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. 10.33.050 Emergency Moves. 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. 10.33.060 Permit Denial. The City Engineer shall not issue an oversize load permit if any one of the following conditions exists: 1) If the overweight per axle exceeds the limits provided in Division 15 of the Vehicle Code of the State of California by fifty percent; 2) If the move is determined by the City Engineer to be prohibitive from the standpoint of public safety or contrary to the public interests; 3) If the applicant has repeatedly violated conditions of previously issued permits, or the applicant has unsettled claims against him for damages resulting from past moves; 4) If the applicant has failed to obtain a permit on the next regularly scheduled working day following interim approval for an emergency move. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10.33.070 Permit Regulations. 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 thirteen feet, six inches), the permittee shall check all underpasses, 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 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 eighteen feet or over, or whose width is thirty 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 seventy-two 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 hereto 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 said 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 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 of California. 10.33.080 Exceptions. 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. 1 2 3 4 10.33.090 Permit Fees. 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. 5 6 7 8 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 herein. Independent contractors engaged in government contracts shall not be exempt from permit fees. 9 10 10.33.100 Violations. Any person or corporation proceeding without a permit or in violation of a permit is guilty of an infraction. 11 10.33.110 Appeal. The City Engineer may deny issuance of a permit or revoke or suspend a permit issued to 12 13 14 15 any person who violates any provision of this chapter. Within ten 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, appellants case. 16 17 10.33.120 Exclusions from Applicability of Provisions. 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. 18 19 20 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within 21 II fifteen (15) days after its adoption. 22 23 24 25 26 27 28 6 8 9 10 11 12 ‘I 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 16th day of February , 1999, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2 nd day of March , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Kulchin & Hall ATTEST: (SEAL)