Chapter 10.08
VEHICLE SIZE AND WEIGHT REGULATIONS

Sections:

10.08.010    Statutory authority.

10.08.020    Amendment or repeal of sections of county code.

10.08.010 Statutory authority.

The following is adopted pursuant to Assembly Bill 1849, which amends Vehicle Code Section 35781 and 35795, effective July 1, 1990, requiring agencies to adopt the Standard Transportation Permit Application Form and the maximum permit fee. In addition, the city may exercise as it deems necessary any applicable provisions of the Vehicle Code of the state of California. (Ord. 130 § 1, 1991)

10.08.020 Amendment or repeal of sections of county code.

The following sections of the San Bernardino County Code as adopted by the city are amended or repealed as follows:

A. Section 51.011 – Add the following provisions:

A. The purpose of this code is to regulate and limit the use of certain public streets and public property within the city by any vehicle defined in the Vehicle Code of the State as an overload either by gross weight, length, width, height or any combination of these measurements, or by any vehicle which exceeds any of the limits established by ordinance of the city and included in the Municipal Code, in order to prevent damage to street foundations, surfaces or structures, to trees or to other public or private property and life from damage or injury resulting from the moving or having upon a public street or place an overload.

B. Section 51.015(b) – Amended to read:

“City” means the City of Highland, State of California, and every reference therein where “County” is used shall mean “City”.

C. Section 51.015(c) – Amended to read:

“City Engineer” means the City Engineer of the City of Highland and every reference therein where “Commissioner”, “County Highway Engineer” is used shall mean “City Engineer” or his designate.

D. Section 51.015(h) – Amended to read:

“Person” includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, state, county, municipality, district or other political subdivision thereof.

E. Section 51.015 – Add (k):

“County Counsel” shall mean the City Attorney, County Treasurer shall mean City Treasurer, and County Building and Safety shall mean City Building and Safety of the City of Highland.

F. Section 51.017, Violation – Is hereby amended to read as follows:

Every person is guilty of an infraction who violates any provision of this chapter or any permit issued pursuant to the provisions of this chapter, or who fails or neglects to comply with any requirement of this chapter, or who does any of the acts specified in Section 51.016 of this chapter for which a permit is required, without first obtaining a permit from the City Engineer to do so.

It shall be unlawful for any person to move or permit or cause to be moved, any overload upon any public street or public place in the city, without first obtaining a permit therefor from the City Engineer, or his designate, as required by the Code. Further, it shall be unlawful for any person to move or permit or cause to be moved any overload upon a public street or public place in the city contrary to the terms, provisions and conditions of a permit issued hereunder in violation of any provisions of this code, or other applicable provisions of the State Vehicle Code, including, but not limited to terms, provisions and conditions concerning a particular route, and a particular time for movement, and/or under conditions, including but not limited to weather conditions, that would make such movement hazardous to persons using public streets and places in the city.

Such person is guilty of a separate offense for each and every day during any part of which any such violation or noncompliance occurs, and is punishable by a fine of twenty-five dollars ($25) for the first offense; fifty dollars ($50) for the second offense; and five hundred dollars ($500) for the third offense or thereafter, or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment.

This code shall not apply to an overload being moved at the request of an authorized public officer in the event of a flood, fire, earthquake or other public disaster or emergency, or for the purpose of national defense.

G. Section 51.018 Application/Issuance Fee – Is hereby amended to read as follows:

An application for permit pursuant to this Title shall be made in writing and filed in the form approved with the City Engineer, or his designate, accompanied by any deposit of fee required by this Title, in accordance with the following procedure:

A. The overload shall not exceed in width one-third (1/3) the narrowest roadway (curb to curb or pavement width) over which such over load is to be moved, except that where the roadway has a median island dividing directional traffic flow, the overload shall not exceed in width one-half (1/2) the narrowest one-way roadway.

B. The overload shall not exceed fourteen feet in height.

C. The overload shall not exceed 80,000 pounds gross weight and shall conform to the weight, axle number and wheel loading requirements of the Vehicle Code of the state, provided, however, the City Engineer, or his designate, may, at the time of issuing a single trip permit or rider or an annual permit, reduce the gross weight limitation stated herein if the specifically designated city public streets or places to be used in moving said overloads would, in his opinion, be materially damaged thereby.

D. Whenever the moving of any overload shall require 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 to the affected public utility and make such guarantees as are required by said public utility.

E. If at the completion of the investigations required herein, the City Engineer, or his designate, finds and determines that the overload proposed will not be detrimental to the public health, peace, safety and welfare, the City Engineer, or his designate, will issue a transportation permit subject to such reasonable terms, provisions and conditions as he deems necessary to protect the public streets and places or property of any person and the public health, peace, safety and welfare including, but not limited to, specifying the route, requiring the overload to be accompanied by an escort, restricting the number of trips, the weight, length, width, height and size of an overload, the time of day an overload may be moved, the date and requiring applicant to obtain written approval of any person whose property may be unduly disturbed or endangered by applicant moving an overload upon public streets or places.

F. Provided, however, that the United States, the State of California, or any county in the State of California, any municipality, school district, or other public district, upon filing a written guarantee of payment of all costs for which they may become liable to the City of Highland, shall not be required to make said deposit or issuance fee. The filing of an application or the issuance of a permit pursuant to this section shall not be deemed a waiver of any right or claim of right by applicant or permittee.

H. Section 51.042 Application – Is hereby amended to read as follows:

An applicant for a moving permit shall be required on any vehicle exceeding any combination of size and weight and shall complete and file with the City Engineer, or his designate, the Standard Transportation Permit Application Form, which is attached hereto as Exhibit “A”, and incorporated herein, and in the following procedure:

A. The transportation permit shall be for a “single trip or rider” or “annual”.

B. The effective period of a “single trip or rider” permit shall include a reasonable time in transit plus additional time for anticipated delays due to adverse conditions. Requests to cover return trips on one permit will be approved with the effective duration to allow a reasonable travel time, with two days additional for transfer of load and also additional time for possible inclement weather, up to a maximum total time of 14 days. The permit shall include a full description of all loads hauled within authority of the permit.

C. An “annual” permit shall be issued for repetitive loads of ten (10) or more trips. To qualify as a repetitive load, the commodity must be of the same size and description, with evidence presented with the application of the anticipated number of loads and an estimate of the anticipated total time involved in the shipment. This type of permit shall also be limited to travel from the specified point of origin to the destination, i.e., restricted haul from point A to point B only.

D. The transportation permit fee shall be set in conformance with the California State Administrative Code, Title 21, Chapter 4, Subchapter 7, Section 1411.3. The fee shall be based on a “single trip or rider” or “annual” permit.

E. The overload permit shall be carried in the vehicle or by the operator of the vehicle to which it refers and shall be presented upon demand to any peace officer, or any duly authorized city enforcement officer, traffic officer, or any duly authorized agent of the department of the city charged with the care and protection of the city’s public streets and places.

F. The City Engineer, or his designate, may at any time suspend or revoke a permit issued pursuant to this section when he has probable cause to believe a permittee has violated or is causing or permitting violation of this code or any pertinent laws of the state, county or city, or when it has been shown to the City Engineer’s, or his designate’s, satisfaction that the activities so permitted are detrimental to the public health, peace, safety or welfare of the city. The City Engineer, or his designate, may also suspend or revoke any permit hereunder if he has probable cause to believe permittee misrepresented, falsified or concealed any material fact in the application thereof.

G. When an overload is moved at night, and the City Engineer, or his designate, has issued a permit for such movement, warning lights shall be placed by permittee or the mover of the overload upon such overload in such a manner as to indicate the clearance of such overload in the front, on the rear and each side. Such warning lights must be visible for a distance of five hundred feet from the front, rear, and each side of the overload, and there must be at least four such warning lights visible from the front, rear and each side of such overload. In addition, flagmen shall be employed by permittee to warn approaching traffic of the presence of such overload if the City Engineer or his designate determines that such flagmen are necessary to protect persons using the city public streets and place and so notify permittee or the mover of the overload.

Notwithstanding the above provisions, the City Engineer or his designate, may require the permittee to provide such additional warnings and signs as deemed necessary for the protection of pedestrians, vehicles, and the drivers thereof who are using said public streets and places.

Night within the meaning of this subsection shall mean that period of day when the sun has set and has not yet risen during which period there is natural darkness.

H. The applicant for a permit hereunder shall indemnify and save harmless the city, the city council, the city engineer, police and other city officials and employees from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained because of or arising out of the movement or location of an overload upon city public streets or places. Said applicant shall furnish to the city and maintain during the period for which a transportation permit is issued, a public liability insurance policy in which the city is named as an additional insured. The policy shall insure the city, its officers and employees while acting within the scope of their duties, against all claims, suits, or actions arising out of or in connection with the movement of, or having on the city’s public streets or places an overload. The policy shall provide for not less than coverage as stated herein.

I. Section 51.047 Moving Permit Fee – Is hereby amended to read as follows:

Every applicant for a moving permit from whom an issuance fee is required, shall deposit with the City Engineer, or his designate, the fee pursuant to Resolution adopted by the city council. In addition, Special Services necessitated by unusually large or heavy loads requiring engineering investigations, escorts, tree trimming, or other services shall be billed separately for each permit at the actual cost pursuant to a schedule of fees adopted by Resolution of the city council.

J. Section 51.048 – Is hereby amended to read as follows:

The City Engineer shall not issue a permit to move any building or structure when the weight of such building or structure, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the California Vehicle Code, except that if it appears to the City Engineer that the size, shape or physical characteristics of the building or structure or portion thereof, to be moved, or of the highway over which such building or structure is to be moved, makes it impossible or impracticable to keep within such weight limits, the City Engineer may issue a permit to move a building or structure on a vehicle every wheel of which is equipped with pneumatic tires and pursuant to provisions of the Vehicle Regulations of this Title and the Vehicle Code of the State of California.

K. Section 51.0410 – Is hereby amended to read as follows:

The moving contractor shall affix and maintain at all times while on the highway, in a conspicuous place on the building or structure to be moved, the permit for such moving.

Where a building or structure is moved in more than one section, the contractor shall obtain an original permit for each section.

L. Section 51.0417(d) – Second paragraph is hereby amended to read as follows:

The application for a permit pursuant to this section shall be made on Standard Transportation Permit Application Form furnished by the City Engineer and shall contain the information required pursuant to the California Vehicle Code and such other information as may be required by the City Engineer. The application shall be accompanied by payment of an insurance fee pursuant to resolution adopted by city council. Prior to the issuance of any permit, the applicant shall file with the City Engineer, a surety bond satisfactory to the City Engineer, in the amount of five thousand dollars ($5,000) for the protection of highways from injury and to provide indemnity for any damage resulting from the operation or movement under the permit. The filing of such bond shall, for the purpose of this section, constitute compliance with the requirements contained in this chapter relating to the deposit of money with the City Engineer. A single five thousand dollar ($5,000) bond may, in the discretion of the City Engineer, be deemed sufficient security for the issuance of one or more permits to the same applicant pursuant to this section. Liability insurance in the amount of $1,000,000.00 naming the City of Highland as insured shall be submitted to the City prior to issuance of moving permit.

(Ord. 130 § 2, 1991)