HomeMy WebLinkAbout1999-03-02; City Council; 15077; Oversize Vehicle Or Load Permit ProgramCl=’ OF CARLSBAD - AGENP BILL 6 7
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AB# 155,o 77 TITLE: AMENDMENT OF MUNICIPAL CODE TO
MTG. 3/z/99 ESTABLISH AN OVERSIZE VEHICLE OR CITY All-Y
DEPT. CLK LOAD PERMIT PROGRAM CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-471, amending Title 10, of the Carlsbad Municipal Code, by the
addition of Chapter 10.33 to establish an oversize vehicle or load permit program.
ITEM EXPLANATION
Ordinance No. NS-471 was introduced and first read at the City Council meeting held on
February 16, 1999. The second reading allows the City Council to adopt the ordinance which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 15,066 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-47 1.
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1 ORDINANCE NO. NS-471
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 10 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER
PO.33 TO ESTABLISH AN OVERSIZE VEHICLE OR LOAD
PERMIT PROGRAM.
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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
3f Chapter 10.33 to read as follows:
a CHAPTER 10.33
OVERSIZE VEHICLE OR LOAD PERMIT
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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 16
Purpose and Intent Definitions
Permit Required
Insurance Required Emergency Moves
Permit Denial
Permit Regulations
Exceptions
Permit Fees Violations
Appeal Exclusions from Applicability of Provisions
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I0.33.010 Purpose and Intent.
The purpose and intent of this Chapter is for the City Council to permit the controlled
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operation and moving of vehicles or loads upon highways under its jurisdiction in excess of size,
reight and weight of vehicles allowed to be moved or operated on highways under the provisions
)f the Vehicle Code of the State of California, and protect the public safety and welfare by
equiring a permit and the filing of a policy of insurance protecting the public against personal njury and property damage.
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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
rnd/or loads allowed to be moved or operated on highways under the provisions of the Vehicle
zode of the State of California. 23 b) “City Engineer” shall mean the City Engineer or his designated representative.
24 0.33.030 Permit Reauired. ”
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No person shall move or cause to be moved over or across any public right of way under
he 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 5 of the Vehicle Code of the State of California, without first obtaining an oversize load permit
:hereof 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
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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
i 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.
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 ovennreight 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.
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21 10.33.080 Exceptions.
The City Engineer shall not require an oversize load permit if any of the following 22 conditions exists:
23 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. 24
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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.
10.33.070 Permit Regulatlons.
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. 9 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.
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~ 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.
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.
10.33.100 Violations. Any person or corporation proceeding without a permit or in violation of a permit is guilty
of an infraction.
10.33.110 Appeal.
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 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, appellant’s case.
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.
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
fifteen (15) days after its adoption.
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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 ndday of March , 1999 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Kulchin & Hall
ATTEST:
(SEAL)
City
March 8,1999
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-471 . adopted by the Carlsbad City Council on March 2, 1999.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808 @
City
March 8,1999
San Diego County Law Library
1105 Front Street San Diego, CA 92101
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-471 adopted by the Carlsbad City Council on March 2, 1999.
If you have any questions please call the City Clerk’s office.
./ . Y ,:*,, , -rc .-.&$&Q&t*
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @
City
March 8,1999
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 98 109-5293
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-4471 adopted by the Carlsbad City Council on March 2, 1999.
If you have any questions please call the City Clerk’s office.
/, j ,: I d .._.< &--QC/
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 * (760) 434-2808 %9