Buellton Municipal Code Ch. 12.12 Vehicle Size and Weight Restrictions

A permit shall be required pursuant to this chapter by any person, firm or corporation prior to doing any of the following acts:

A. To operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in the State Vehicle Code on or across any city street or road.

B. Under emergency conditions, to operate or move a type of vehicle otherwise prohibited by the State Vehicle Code on or across any city street or road.

C. To operate or move on an annual or seasonal basis a vehicle or combination of vehicles or special mobile equipment with loads of a size and weight exceeding the maximums specified in the State Vehicle Code on or across any city street or road except those that may be set forth in the permit and subject to the following conditions:

1. Transportation of overwidth and overweight vehicles and equipment shall be restricted to the normal five-day week during daylight hours except in cases of emergency;

2. Only one unit or group of similar units may be included in an annual permit which shall describe the special equipment, maximum size and maximum weights, including the vehicle license number or other identifying number.

D. To operate or move any vehicle, mobile equipment, load, or machinery, on or across any city street or road where the director finds that such vehicle, mobile equipment, load, or machinery is likely to cause severe and rapid deterioration of the pavement of the street or base of the street, or otherwise materially damage property belong to the city. For purposes of this subsection, the frequency and intensity should be considered by the director or authorized representative. In the event that vehicles, mobile equipment, load or machinery are determined by the director in any construction project are likely to fall within this subsection, the director shall require a permit under this chapter prior to granting any other type of permit or, if no other type of permit shall be required, then the director shall give notice to anyone coming within this subsection that a permit is required.

E. Notwithstanding these provisions subsections (A), (B), (C), (D) and (E) of this section shall not apply to federal, state, and local government emergency vehicles operating in an emergency situation.

F. Whenever the weight or load exceeds the amount set forth for certain streets as established by resolution of the council.

(Prior code § 11.15.010; Ord. 94-6 § 3, 1994)

For the permit required by this chapter, the applicant shall apply to the director on the form provided by the city and pay the fee for the permit as required by resolution of the council.

(Prior code § 11.15.020; Ord. 94-6 § 3, 1994)

The application for any such permit shall be in writing and shall:

A. Specifically describe the vehicle or vehicles and load to be operated or moved;

B. Set forth the particular streets and roads over which the permit to operate is requested;

C. Specify the date or dates of the move and whether such permit is requested for a single trip, round trip, annual or seasonal basis or continuous operation;

D. Specify any other information the director may deem necessary in accordance with Section 12.12.060.

(Prior code § 11.15.030; Ord. 94-6 § 3, 1994)

The application for any permit and the permit to be issued pursuant to this chapter shall contain a provision that the permittee agrees to hold the city harmless from the activities contemplated by the permit and to repair and replace any and all damage to city property, including without limitation, city streets, roads, sidewalks, curbs, gutters, and street signs and signals. Permittee shall also post a bond as a guarantee for work, in a form to be approved by the city attorney.

(Prior code § 11.15.040; Ord. 94-6 § 3, 1994)

If a permit is issued, the director is authorized to limit the number of trips or to establish seasonal or other time limitations within which the vehicle or vehicles, mobile equipment, loads or machinery described may be operated on the streets indicated or otherwise to limit or prescribe conditions of operation thereof when necessary to prevent interference with the orderly flow of traffic and to assure against undue damage to the road foundations, surfaces or structures and may require special measures, insurance or security as may be deemed necessary to protect the streets, bridges and public property from injury or to provide indemnity for any injuries or damages resulting thereto.

(Prior code § 11.15.050; Ord. 94-6 § 3, 1994)

Upon application to the director for permission to use and operate private or contract vehicles on city streets for the purpose of continuous operations that including hauling loads which exceed the size and weight limitations otherwise prohibited by the State Vehicle Code, and upon recommendation of the director, the council in its discretion and if good cause appears may authorize the director to issue a written permit for such continuous operations and specified protective restrictions as authorized by this chapter.

(Prior code § 11.15.060; Ord. 94-6 § 3, 1994)

The director for good cause and when permitted by law may waive the permit required by this chapter. No permit is required to move or operate a vehicle defined as an "implement of husbandry" in Section 36100 of the California Vehicle Code.

(Prior code § 11.15.070; Ord. 94-6 § 3, 1994)

Any permit issued pursuant to this chapter for good cause may be amended or revoked by the director by giving the permittee 24 hours written notice setting forth the grounds therefor. Notice by mail shall be deemed adequate notice under this section.

(Prior code § 11.15.080; Ord. 94-6 § 3, 1994)

In the event that an applicant is not satisfied with the action of the director under this chapter, he or she may, within ten days, appeal in writing to the council and the council shall set a date for a hearing and cause five days written notice thereof by mail to be given the applicant.

(Prior code § 11.15.090; Ord. 94-6 § 3, 1994)

Any person operating a vehicle, mobile equipment, load or machinery on public property or doing any other act which otherwise damages any public street, sign, curb, gutter, sidewalk or other public property, shall be liable to the city for the cost of repairing or replacing the same, whether or not a permit is issued pursuant to this chapter.

(Prior code § 11.15.100; Ord. 94-6 § 3, 1994)