Chapter 10.48
SIZE, WEIGHT AND LOAD RESTRICTIONS
Sections:
10.48.010 Restrictions adopted by reference – Reservation – Application.
10.48.100 Special permits authorized.
10.48.110 Criteria for special permits.
10.48.115 Conditions and restrictions for special permit.
10.48.130 Liability for damage or destruction to public highway.
10.48.010 Restrictions adopted by reference – Reservation – Application.
A. Through adoption of the Model Traffic Ordinance in CHMC 10.05.010, the city has adopted the uniform size, weight, and load restrictions prescribed by state law in Chapter 46.44 RCW.
B. The city reserves its authority pursuant to RCW 46.44.080 to adopt additional or stricter regulations governing the size, weight, and load restrictions for vehicles operating upon public highways located within city limits. Where deemed necessary to prevent serious damage or destruction to such public highways, additional and/or stricter regulations shall be codified within this chapter.
C. The size, weight, and load restrictions set forth in this chapter shall apply to all public highways located within city limits over which the city has jurisdiction and for which the city is responsible to maintain. Unless specified further herein, the restrictions in this chapter shall not apply to State Route 520 or N.E. 12th Street. (Ord. 825 § 1, 2000; Ord. 821 § 3, 2000)
10.48.020 Maximum lengths.
A. It is unlawful for any person to operate upon the public highways of the city any vehicle or combination of vehicles, including but not limited to truck and trailer combinations, having an overall length, with or without load, in excess of 40 feet. This restriction does not apply to:
1. Articulated municipal transit vehicles;
2. School buses;
3. Emergency vehicles;
4. Solid waste utility vehicles, provided the utility is licensed or franchised by the city;
5. Fuel-tanker vehicles, provided the purpose for operation of the vehicle is to deliver product to a business located within city limits;
6. Recreational vehicles and boat trailers as defined in CHMC 8.30.050;
7. Public and private utility vehicles necessary to perform needed services to the citizens of Clyde Hill when no other smaller vehicle is available. Said vehicles must obtain a permit when they are merely transiting through the city and are not entering the city for the purpose of facilitating the utility’s provision of service to the citizens of Clyde Hill.
B. For purposes of this section, the length of a vehicle shall be the maximum distance from the furthest forward projection of the vehicle or equipment or load attached or affixed to such vehicle measured to the furthest rearward projection, equipment, or load. (Ord. 908 § 2, 2010; Ord. 840 § 1, 2001; Ord. 821 § 3, 2000)
10.48.100 Special permits authorized.
A. The public works director may, upon application in writing, payment of the appropriate fee, and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight, or load exceeding the maximum specified in this chapter or otherwise not in conformity with the provisions of this chapter upon any public highway under the jurisdiction of the city.
B. In the event of an emergency, as determined in the discretion of the director, the director may authorize such special permit by telephone without formal written application or prepayment of the required fee. The director shall notify the police department in the event of the issuance of an emergency special permit issued pursuant to this subsection.
C. The original permit or certified copy must be carried on the power unit at all times the permit is in effect. Permittees who have received approval by telephone to operate under permit are exempt from this requirement.
D. The required fee for permit application shall be as specified in the appropriate fee schedule adopted by the city council. (Ord. 821 § 3, 2000)
10.48.110 Criteria for special permits.
The public works director may issue a special permit in accordance with CHMC 10.48.100, upon determining that the applicant has established or demonstrated, where applicable, the following criteria:
A. The applicant has shown that the load cannot reasonably be dismantled or disassembled to conform to the limitations imposed pursuant to this chapter. Reductions in size or load shall be made even though the use of additional vehicles becomes necessary;
B. The vehicle(s) and load type have been thoroughly described and identified;
C. The vehicle operator, points of origin, destination, route of travel, and time of travel have been stated with reasonable specificity;
D. The proposed movement is consistent with public safety;
E. The applicant has shown adequate proof, in the determination of the director, that the requirements imposed in CHMC 10.48.115 will be satisfied. (Ord. 821 § 3, 2000)
10.48.115 Conditions and restrictions for special permit.
The operation of any vehicle upon city streets under the authority of a special permit issued pursuant to CHMC 10.48.100 shall be subject to the following conditions and requirements:
A. The owner or operator of the vehicle shall obtain and have in effect liability insurance in the amount of at least $300,000 for the coverage of claims resulting from any accident, damage, or injury to any person or property resulting from the operation of the vehicle covered by the permit upon the public highways of the city; provided, that a commercial operator shall have such vehicle liability insurance in the amount of at least $750,000.
B. The vehicle operator shall be properly licensed to operate the vehicle or carry the load described in accordance with any applicable provisions of federal, state, or local law and regulations.
C. The vehicles have been properly licensed to make the proposed move or carry the load described in accordance with any applicable provisions of federal, state, or local law and regulations.
D. The permittee shall make the proposed move or carry the load in strict compliance with the movement described and approved in the permit.
E. The permittee shall comply with any other condition or requirement imposed by the director and deemed to be necessary to secure and maintain the public health and safety, prevent the potential for damage or destruction to the city’s public highways, or secure restoration funds in the event that such damage or destruction does occur. Such additional requirements include, but are not limited to the following:
1. The posting of a security deposit, bond, or other financial security in an amount determined by the director;
2. The limitation of the proposed movement to certain routes or times;
3. The use of certain safety equipment or measures such as flaggers, warning lights or signs. (Ord. 821 § 3, 2000)
10.48.120 Enforcement.
Violation of any of the provisions of this chapter is a traffic infraction, and upon the finding that a violation has occurred, the violator shall be assessed a basic penalty of $150.00, plus any applicable costs and assessments. (Ord. 821 § 3, 2000)
10.48.130 Liability for damage or destruction to public highway.
Any person operating any vehicle or moving any object or conveyance upon any public highway in this city in a negligent or illegal manner is liable for all damages that the public highway may sustain as a result of the negligent or illegal operation of the vehicle or the moving of any such object or conveyance. This section applies to any person operating any vehicle or moving any object or contrivance without a special permit as provided in this chapter. When the operator is not the owner of the vehicle, object, or contrivance but is operating or moving it with the express or implied permission of the owner, the owner and the operator are jointly and severally liable for any such damage. Such damage to any public highway or structure may be recovered in a civil action instituted in the name of the city. Any measure of damage to any public highway determined by the city by reason of this section is prima facie the amount of damage caused thereby and is presumed to be the amount recoverable in any civil action therefor. (Ord. 821 § 3, 2000)