Chapter 10.18 MOVEMENT OF OVERLOADS ON CITY STREETS

The purpose of this chapter is to regulate and limit the use of certain public streets and public property within the City by any vehicle defined in this chapter as an “overload,” in order to prevent damage to street foundations, surfaces or structures; to protect bridges and other public or private property from damage or injury, to protect persons from injury or death resulting from the moving of an overload or having such upon a public street or place; and to promote the general health, welfare and safety of the citizens of this city. (Ord. 179 Sec. 1, 1972)

10.18.020 Movement by governmental authorities.

The provisions of this chapter shall apply to the United States, 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 City Manager an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload 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 overload under the supervision and control of an officer thereof. (Ord. 179 Sec. 2, 1972)

10.18.030 Definitions.

The following words and phrases shall have the meaning hereinafter set forth, and if any word or phase is not hereinafter defined, it shall have the meaning set forth in the State of California Vehicle Code provided that if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

(1) “Department” means the Department of Public Works of the City of Norco, California.

(2) “Manager” means the City Manager or his authorized representative.

(3) “Gross weight” means the combined weight of a vehicle and its load.

(4) “Overload” means and includes any vehicle or combination of vehicles, including any loads which it or they may bear and carry, exceeding the limitations set forth in Division 15 of the state of California Vehicle Code relating to height, width, length, size or weight of a vehicle or load.

(5) “Person” means any person, firm, individual, corporation, association, partnership, trust or other organization, and shall include an owner, lessee, permittee, agent or employee of any person, firm, individual, corporation, association, partnership, trust or other organization.

(6) “Day” means a twenty-four-hour period. (Ord. 179 Sec. 3, 1972)

10.18.040 Permit required.

It is unlawful and a misdemeanor for any person to move, permit or cause to be moved, any overload upon any public street or public place in city, without first obtaining a permit therefor from the manager as required by this chapter. (Ord. 179 Sec. 4, 1972)

10.18.050 Permit--Violation unlawful.

It shall be unlawful for any person to move, or permit or cause to be moved, or not to move any overload upon a public street or public place in the City contrary to the terms, provisions, and conditions of a permit issued hereunder by the City in violation of any provisions of this Chapter, applicable provisions of any other City ordinance or of the California Vehicle Code, including but not limited to terms, provisions and conditions concerning a particular route, and a particular type of movement; and/or under conditions, including but not limited to weather conditions, that would make such movement hazardous to persons using the public streets and places in the City. (Ord. 634, 1991; Ord. 179 Sec. 5 1972)

10.18.060 Types of permits--Fees.

(a) One Day Permit. The manager may issue a permit to move one or more specified overloads at specific times on specifically designated city public streets or places during one day. Any number of overload movements, by six or less vehicles, may be made as provided in the permit by the manager on the day for which the permit is issued. The fee for such permit shall be five dollars and shall be paid prior to issuance of the permit.

(b) Temporary Permit. The manager may issue a permit to move any number of specified identical over loads on specifically designated city public streets or places at specified times by six or less vehicles as provided in the permit by the manager for a period of time not exceeding thirty consecutive calendar days. The fee for such permit shall be five dollars plus one dollar for each day such permit is in effect and shall be paid prior to issuance of such permit.

(c) Annual Permit. The manager may issue a permit to move any number of overloads on specifically designated city public streets or places at specific times by six or less vehicles as provided in the permit by the manager during a period of time not to exceed three hundred sixty-five consecutive calendar days, providing each of the overloads does not exceed the following size, length, height, weight and width limitations:

(1) The overload shall not exceed in width one-half the narrowest roadway over which such overload is to be moved;

(2) The overload shall not exceed eighteen feet/(two hundred sixteen inches) in width or eighteen feet/(two hundred sixteen inches) in height;

(3) The overload shall not exceed one hundred thirty-five feet over-all in length, provided, however, an overload, which exceeds seventy feet over-all in length shall be subject to the provisions of this chapter concerning an escort unless the manager has, at the time such annual permit is issued, determined that the movement of an overload exceeding seventy feet overall in length on specifically designated city public streets and places at specific times can be made safely and without undue interference with traffic or use of the streets and places by the public;

(4) An overload shall not exceed one hundred tons in gross weight and shall conform to the weight, axle number and wheel loading requirements of the state of California as provided in the State Vehicle Code Sections 35550 and 35551; provided, however, the manager may, at the time of issuing an annual permit, reduce the gross weight limitation stated herein, if the specifically designated city public streets and places to be used in moving the overloads would in his opinion be materially damaged thereby.

The fee for such permit shall be seventy-five dollars and shall be paid prior to the issuance of the permit. (Ord. 179 Sec. 6, 1972)

10.18.070 Permit--Contents of application.

The application for any overload permit required hereunder shall be made on a form furnished by the manager and shall contain the following information and data:

(1) Length of time for which the permit is requested;

(2) A statement of the public streets or places over which applicant proposes to move the overload;

(3) The time of day when applicant proposes to move the overload;

(4) A complete description of the vehicle or vehicles to be operated, including the make, license number, number of axles, wheel loading ratios, height, length, width, gross weight and name of the registered owner of the vehicle;

(5) A description of the type load to be moved, and if the request is for an annual permit, the number of trips contemplated for each of the type loads;

(6) Such other information and data as the manager determines is necessary to fulfill the purposes of this chapter. (Ord. 179 Sec. 7, 1972)

10.18.080 Permit--Processing applications.

Upon receiving an application for an overload permit the manager shall immediately transmit a copy thereof to the Riverside County sheriff. The manager and the Riverside County sheriff or his authorized representative shall immediately cause investigations to be made concerning whether the overloads, vehicles, loads and activities proposed in the application comply with state of California laws and city ordinances and resolutions regulating vehicles, traffic safety and congestion, and pertaining to the safety of property, public and private, including any public utility which may be affected by the proposed overload movement on the public streets and places of city. The sheriff shall report the result of his investigation and findings to the manager with due diligence. (Ord. 179 8, 1972)

10.18.090 Displacement of property of public utility.

Whenever the moving of any overload requires the removal or displacement of any wire, lines 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 payments and guarantees against injury and damages as are required by the public utility.

Upon receipt of such notice, payments and guarantees the affected public utility shall act in an efficient and expeditious manner to remove or displace or cause to be removed or displaced, such wire, lines or other property. (Ord. 179 Sec. 9 1972)

10.18.100 Permit--Issuance.

If at the completion of the investigations required herein, the manager finds and determines that the overload movement as proposed in the application will not be detrimental to the public health, peace, safety and welfare, the manager shall issue to applicant an overload permit subject to such reasonable terms, provisions and conditions as he deems necessary to protect public streets and places or property and lives of any person and the public health, peace, safety and welfare, including but not limited to restricting and limiting the number of movements, the weight, length, width, height and size of any overload, the time of day movements may be made, the date and time periods during which movements may be made, and requiring applicant to obtain written approval of any person whose property or person will be unreasonably disturbed or endangered by applicant moving the proposed overload upon public streets or places. (Ord. 179 Sec. 10, 1972)

10.18.110 Determining time and route for moving overload.

The manager shall determine and approve the times and dates when an overload may be moved, and shall determine and approve the street route or routes in city over which each overload may be moved, giving due consideration among other things to existing underpasses, overhead wires and other obstacles and the condition of the streets. Prescribed street routes shall, whenever possible, be confined to arterial highways and not local streets.

Overloads traveling on a route approved hereunder by the manager shall be exempt from any city truck route regulations including those provisions of Chapter 10.16 of this title. (Ord. 179 Sec. 11, 1972)

10.18.120 Permit--Contents.

A permit to move any overload shall set forth on its face the dates and period of time for which it is to be effective; the street routes over which the overload may be moved and any other information the manager may find is necessary for proper enforcement of this chapter, including but not limited to the name of the permittee, any height or weight or length or width limitations, a description of the overload by vehicle identification number and the nature of the load. Any permit which fails to contain any of the above information or which purports to grant authority to move or not to move any overload contrary to the provisions of this chapter, state of California laws and city ordinances and resolutions is void. Neither the city nor any city officer or employee is liable for any damages resulting to applicant due to such permit failing to contain any of such information.

In the case of annual permits or other permits contemplating the use of more than one vehicle, the permittee may substitute or add thereto vehicles or overloads being moved under such permit upon submission to the manager of the information as required in Section 10.18.070 regarding such vehicles and his approval thereof by written addendum to the permit at least twenty-four hours prior to their move. (Ord. 179 Sec. 12, 1972)

10.18.130 Permit--Carrying on vehicle--Presentation.

Every overload permit, or facsimile thereof, in the case of an annual or other permit which contemplates the use of more than one vehicle, shall be carried in the overload vehicle or by the operator of such vehicle, to which it refers, and shall be presented, upon demand, to any peace officer, duly authorized city law 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. (Ord. 179 Sec. 13, 1972)

10.18.140 Permit--Suspension and revocation.

The manager may at any time suspend or revoke a permit issued pursuant to this chapter when he has probable cause to believe a permittee has violated or is causing or permitting a violation of this chapter or any laws of the state of California, county of Riverside and city of Norco ordinances and resolutions or any condition of his overload permit or when it has been shown to his satisfaction that the activities so permitted are being conducted in a manner detrimental to the public health, peace, safety or welfare of the city. The manager may also suspend or revoke any permit hereunder if he has probable cause to believe the permittee, or any agent, official or employee of the permittee has misrepresented, falsified or concealed any material fact in the application therefor. (Ord. 179 Sec. 14, 1972)

10.18.150 Moving overload unescorted--Unlawful when.

It is unlawful and a misdemeanor for any person, unless accompanied by an escort assigned or approved by the manager, to move upon any city public street or place, any overload which comes within any of the following categories:

(1) The overload exceeds in width one-half the narrowest roadway over which such overload is being moved; or

(2) The overload exceeds eighteen feet (two hundred sixteen inches) in width, or eighteen feet (two hundred sixteen inches) in height; or

(3) The overload exceeds seventy feet over-all in length.

If the manager determines that the proposed movement of such an overload may be made safely, without damage to the public streets or places or injury to persons and property and without undue interference with traffic or the use of the public streets by the public, he may waive the requirements of this section. (Ord. 179 Sec. 15, 1972)

10.18.160 Escort--Deposit for costs.

Every applicant for a permit to move any overload required hereunder to be accompanied by an escort shall deposit with the manager prior to any such movement cash money sufficient to cover the costs of the escort at the rate of twenty dollars for the first four hours or fraction thereof, and five dollars per hour or fraction thereof after the first four hours for the length of time the manager deems necessary for the performance of such escort service. The manager shall deposit all such escort fees with the city treasurer. Upon the completion of the moving of such overload, the manager shall deduct from such total deposit the sum of twenty dollars for the first four hours or fraction thereof, and five dollars for each hour or fraction thereof exceeding the first four hours for the time such escort actually was used by the permittee and shall authorize the director of finance to refund to the permittee any difference between the amount deposited and the amount so deducted. If an amount insufficient to pay the costs of the escort at the above rates was deposited by the permittee, he shall pay to the manager an additional amount of money sufficient to pay for the cost of the escort, the payment to be made to city’s director of finance within forty-eight hours of permittee’s receipt of a statement of the additional costs. (Ord. 179 Sec. 16, 1972)

10.18.170 Escort--Assignment.

When any overload is required to be accompanied by an escort, and a permit has been issued therefor and the deposit for the escort has been paid to the manager, the manager shall assign an escort to accompany the overload. It shall be the duty of the mover of any overload requiring an escort to notify the manager at least twenty-four hours in advance of the time the move is to be started. (Ord. 179 Sec. 17, 1972)

10.18.180 Privately provided escorts.

The escort requirements of Sections 10.18.150, 10.18.160 and 10.18.170 shall not apply if the permittee submits to the manager no later than forty-eight hours prior to the commencement of the proposed movement sufficient evidence of his ability to provide suitable escort and the manager approves such proposed escort by addendum to the permit. (Ord. 170 Sec. 18, 1972)

10.18.190 Stopping and parking of overload.

Whenever it becomes impossible or impractical to move or remove an overload from the city public streets or places, detour signs and warning lights, approved by the manager, shall be so placed as to make the stopping or parking of such overload safe for traffic on said streets or places. The manager and Riverside County sheriff shall be notified immediately by the permittee or the mover of the overload that such overload will be parked or stopped. Either of said officials may require such overload to be moved or removed, if possible, to a place he deems safe for such over-load and other traffic on said streets or places. (Ord. 179 Sec. 19, 1972)

10.18.200 Moving overload at night.

When any overload is moved at night, and the manager has issued a permit for such a movement, warning lights shall be placed by the permittee or the mover of the overload upon such overload in the front, 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 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 the permittee to warn approaching traffic of the presence of such overload if manager determines that such flagmen are necessary to protect persons using the city public streets and places and so notifies the permittee or the mover of the overload.

Notwithstanding the above provisions, the manager may require the permittee to provide such additional warnings and signs as the manager deems necessary for the protection of pedestrians, vehicles and the drivers thereof who are using the public streets and places.

“Night” within the meaning of this section means that period of a day when the sun has set and has not yet arisen, during which period there is natural darkness. (Ord. 179 Sec. 20, 1972)

10.18.210 Public liability insurance and indemnification.

The applicant for a permit hereunder shall indemnify and save harmless the city, the city council, the manager, Riverside County sheriff 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, stopping or parking of an overload upon city public streets or places. Said applicant shall furnish to the city and maintain during the period for which an overload permit is issued, a public liability insurance policy in which the city and the officials and employees are named as 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 an overload or the parking and stopping thereof on the City’s public streets or places. The policy shall provide for not less than the following coverage amounts:


Bodily Injury	Property Damage
$100,000 each person	$100,000 each accident
300,000 each accident

Said policy or certificate of coverage thereunder shall be furnished to the manager prior to the issuance of any permit under this ordinance. (Ord. 179 Sec. 21, 1972)

10.18.220 Report of damage.

The permittee shall report any damage to any property, public or private, as a result of moving any overload or the parking or stopping thereof upon any city public streets or places. Such report shall be presented to the manager within twenty-four hours after such damage results. Such report shall include the location, cause, and description of any such damages, and the names of any witnesses thereto and shall bear the signature of the permittee or his duly authorized agent. (Ord. 179 Sec. 22, 1972)

10.18.230 Responsibility for damage.

The city, the city council, the manager, Riverside County sheriff or any city official or employee shall not be liable for any loss or damage arising out of any person’s violation of or failure to comply with this chapter or any permit issued thereunder. (Ord. 179 Sec. 23, 1972)

10.18.240 Appeal of manager’s decision to hearing board.

Any person aggrieved or affected by any decision of the manager under the provisions of this chapter, may notice an appeal therefrom in writing to the manager and upon the manager’s receipt thereof he shall set a hearing no later than seven days from its receipt before an appeals board composed of a member of the city council, the city manager and city fire chief. In the absence of the city manager, his authorized assistant shall serve on such board. The appellant hereunder may request or consent in writing to the hearing being held on a date later than that established herein. At such hearing, the board shall hear all interested parties, consider all relevant evidence submitted thereto, and make a final determination of the matter within five days of the close of the hearing. In the event the hearing board fails or refuses to hold such hearing or to make its decision within the time period prescribed herein, the person seeking such hearing shall then be entitled to have the matter presented to, and determined by, the city council at the next regular council meeting held after the expiration of said time periods.

The board’s timely decision hereunder shall be final and conclusive. (Ord. 179 Sec. 24, 1972)