Burbank Municipal Code Art. 25 Overloads (CA)

6-1-2501: DEFINITIONS:

As hereinafter used in this article, the following words are defined as follows:

OVERLOAD: Shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the California Vehicle Code;

PUBLIC UTILITY: Shall mean the Burbank Water and Power Department and any person owning, operating or maintaining overhead light, power, telephone, telegraph, signal or other wires or underground structures necessary for public service;

Whenever any other word or phrase used hereinafter in this article is not defined herein, the definition thereof contained in the California Vehicle Code shall be deemed to apply. [Added by Ord. No. 2602; formerly numbered Section 29-172; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3723, eff. 7/3/07.]

6-1-2502: PERMIT REQUIREMENTS:

A. It shall be unlawful for any person to move any overload upon any street in the City unless a permit therefor has been issued by the Public Works Director and is valid and unrevoked.

B. Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of the California Department of Transportation, any inspector of the Public Works Department of the City, or any officer or employee charged with the care or protection of the highways.

C. It shall be unlawful to move any overload contrary to the terms and conditions of the permit issued by the Public Works Director. [Added by Ord. No. 2602; formerly numbered Section 29-173; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3723, eff. 7/3/07.]

6-1-2503: INSPECTION PRIOR TO ISSUANCE OF PERMIT:

Whenever it is determined by the Public Works Director that an inspection of the load to be moved is required prior to the issuance of a permit, arrangements shall be made by the applicant for the inspection of the load at the convenience of the Public Works Director prior to the issuance of any overload permit. [Added by Ord. No. 2602; formerly numbered Section 29-174; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2504: RESTRICTIONS ON MOVEMENT:

It shall be unlawful for any person to move upon any street:

A. Any overload on any Saturday, Sunday or day designated by the Council as a holiday; provided, however, that the Public Works Director may permit overloads to be moved on a Saturday or Sunday or on any such holiday if they find that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section 6-1-2502.

B. Any overload in rainy or foggy weather, either day or night.

This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. [Added by Ord. No. 2602; formerly numbered Section 29-175; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2505: PARKING AND STOPPING:

A. Parking: It shall be unlawful to park or to leave an unattended overload in and upon any street in the City between sunset and sunrise. Any such overload shall be moved off the traveled way or pavement so as not to interfere with passing traffic before it is left unattended.

B. Stopping: It shall be unlawful at any time to stop any overload in excess of fourteen feet (14') in width upon any street in the City, except as required by traffic signs or signals or traffic conditions, or while actually moving the overload or portion thereof onto or off of the adjacent private property. The Public Works Director may limit those hours during which such moving is permitted. [Added by Ord. No. 2602; formerly numbered Section 29-176; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2506: NIGHT MOVING:

When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four (4) in number and be visible from a distance of five hundred feet (500') to the front, to the rear, and to each side, respectively, of such overload. Whenever a load exceeds fourteen feet (14') in width, it shall be accompanied by two (2) pilot vehicles with flashing warning lights, one preceding and one following the overload. [Added by Ord. No. 2602; formerly numbered Section 29-177; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2507: OVERLOAD PERMIT FEES:

No permit to move any overload shall be issued by the Public Works Director unless the applicant has first:

A. Made written application therefor upon forms provided by the Public Works Director. The Public Works Director may require the applicant to furnish them with such information as they determine is necessary under the circumstances in order to carry out the provisions of this article.

B. Paid the fee in an amount designated in the Burbank Fee Resolution at the time the application is filed with the Public Works Director.

C. Complied with all other applicable provisions of this article. [Added by Ord. No. 2602; formerly numbered Section 29-178; renumbered by Ord. No. 3058; Amended by Ord. No. 3153, eff. 7/7/89.]

6-1-2508: PROCEDURE UPON APPLICATION:

Upon receipt of such application the Public Works Director may immediately issue the permit if all requirements of this article are met. If the size, weight or other features of the overload may adversely affect any structure or other facility in the public right of way as determined by the Public Works Director they shall first notify the affected public utility, City department, or agency of the requested overload move. In all such cases the Public Works Director shall receive the application at least five (5) days prior to the proposed time of the move so that the affected utility, etc., may have time to review the request and respond accordingly. In such instances where an affected facility will have to be moved or altered the applicant shall have on deposit with the owner of the affected facility an amount of money equal to the estimated cost to said affected party to make the necessary alterations to its facility. [Added by Ord. No. 2602; formerly numbered Section 29-179; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2509: ISSUANCE OF PERMIT:

A. If the Public Works Director shall determine from the application, or upon such independent investigation as they deem necessary, that issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, they shall deny the application; otherwise, if the Public Works Director shall first determine that all applicable provisions of this article and of Section 9-1-1-105(F) of this code have been complied with, they shall issue a permit; but the Public Works Director in their discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may be operated, or otherwise limit or prescribe conditions of operations, when necessary to assure against undue damage to road foundations, surfaces or structures or to protect highways, bridges or other public property or places from injury or damage or to protect life or property.

B. Whenever any overload is proposed to be moved in more than one section or portion, a separate permit shall be issued for the moving of each section or portion of such overload.

C. The Public Works Director shall determine the route over which each overload may be moved in accordance with the clearance permitted by underpasses, overhead wires and other physical obstacles and conditions, and in accordance with the capability of any structure, roadway or other facility to support the load imposed thereon by the overload.

D. The Public Works Director shall determine the times when the overload shall be moved in accordance with the provisions of this article and in accordance with public convenience and safety. Every such permit shall become and be void unless the moving of the overload shall be completed within the time specified in the application for such permit; provided, however, that the Public Works Director may extend such time when the moving of any overload or any section or portion thereof is rendered impracticable by reason of inclemency of the weather, strikes or other causes not within the control of the permittee. [Added by Ord. No. 2602; formerly numbered Section 29-180; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2510: EXTENDED USE PERMITS:

A. The Public Works Director may issue permits for continuous movement of similar overloads over the same route for a period of up to one year provided, however, that all such permits shall expire on the last calendar day of the year in which they were issued.

B. No such permit shall be issued, however, unless the applicant shall post and maintain with the Public Works Director a policy of property damage insurance or a bond and a certificate of insurance in compliance with Section 6-1-2512.

C. The Public Works Director shall adopt such rules and regulations regarding the issuance of annual permits as they determine are necessary to control the moving, size and weight of the equipment, including the designation of routes to be traveled, days and hours during which movement is permitted and safety devices required in order to safeguard the public health, safety, welfare or property. [Added by Ord. No. 2602; formerly numbered Section 29-181; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2511: PERMIT CONTENTS AND LIMITATIONS:

A. No permit to move any overload shall be valid unless it shall set forth specifically on its face:

The period of time for which it is to be effective;
The route or routes over which the overload or overloads may be moved;
The hours of the day or night during which the overload may be moved.

B. No permit shall be granted to move any overload in any manner or wise contrary to the express provisions of this article relating to overloads, and if such a permit be issued it shall nevertheless be deemed invalid for all purposes. [Added by Ord. No. 2602; formerly numbered Section 29-182; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2512: INSURANCE AND BONDS:

A. Every applicant for a permit to move any overload over any street within the City shall post and maintain with the Public Works Director before the permit is issued a policy of property damage insurance or a bond in the amount of not less than One Million Dollars ($1,000,000), or in such greater amount as the Public Works Director deems satisfactory. Such policy or bond shall be first approved by the Public Works Director. Any such bond shall be conditioned that the permittee will pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and that the principal shall indemnify the City for any such loss or damages. If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction.

B. In addition, every permittee shall carry and maintain for the full effective period of the permit, and any renewal thereof, bodily injury liability and property damage insurance including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of, or be attributable to, their operations or performance under the permit, whether such operations be by the permittee or by any subcontractor, or by any person directly or indirectly employed by either or any of them, in an amount of not less than Three Hundred Thousand Dollars ($300,000) for bodily injuries, including accidental death, to any one person; and subject to the same limit for each person in an amount of not less than One Million Dollars ($1,000,000) on account of any one occurrence; and in an amount of not less than One Million Dollars ($1,000,000) for property damage on account of any one occurrence. Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of or be attributable to operations under the permit. However, said insurance need not protect against injury or death occurring to any officer, employee or representative while acting within the scope of their employment under the Workmen’s Compensation Act. Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days’ notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit. [Added by Ord. No. 2602; formerly numbered Section 29-183; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3723, eff. 7/3/07.]

6-1-2513: OVERLOAD INSPECTOR FEES:

A. Where the Public Works Director, as a condition of issuance of a permit to move any overload, requires an inspection of the overload at the site or requires it to be accompanied by an inspector, the applicant shall deposit in advance an amount to be determined by the Public Works Director to be adequate to cover the cost of inspection for the time deemed by the Public Works Director necessary for the performance of such service.

B. At the completion of the moving of such overload, the Public Works Director shall deduct from such deposit a sum equal to the cost of providing such inspection and shall refund to the depositor any difference between the amount deposited and the amount so deducted.

C. Notwithstanding the need for an inspector to inspect the overload at the loading site, or for the need for an inspector to accompany the overload through the City, the Public Works Director shall collect a fee to inspect the route traveled by the overload whenever the load exceeds twenty five feet (25') in width and/or seventeen feet (17') in height or, in the opinion of the Public Works Director, the overload may inflict damage to public or private property. Said inspection fee shall be in an amount designated in the Burbank Fee Resolution. [Added by Ord. No. 2602; formerly numbered Section 29-184; renumbered by Ord. No. 3058; Amended by Ord. No. 3153, eff. 7/7/89; 2822, 2775.]

6-1-2514: NO INTERFERENCE WITH PUBLIC UTILITY PROPERTY:

No permittee shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Public Works Director pursuant to the provisions of this article. [Added by Ord. No. 2602; formerly numbered Section 29-185; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2515: MOVEMENT BY GOVERNMENTAL AUTHORITIES:

The provisions of this article shall apply to the United States, this State, counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such government or governmental agency or instrumentality shall file with the Public Works Director 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 government, agency or instrumentality, then it need not pay any permit fee or post any deposit, policy of property damage insurance or bond or maintain any insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. [Added by Ord. No. 2602; formerly numbered Section 29-186; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2516: EXCEPTIONS:

Whenever the Public Works Director shall determine that the interests of the national defense require that any overload be moved at a time or in a manner not permitted by the express provisions of this article, they may endorse upon the permit an express exemption from any such particular provisions, which exemption shall be effective as to any overload moved under that permit. The Public Works Director may attach such conditions to any such exception as they may deem reasonably to be required for public safety or the protection of property, including a requirement of fair indemnity on behalf of the City, members of the public, or both. [Added by Ord. No. 2602; formerly numbered Section 29-187; renumbered by Ord. No. 3058, eff. 2/21/87.]