Colton Municipal Code Ch. 15.28 Oversized Loads

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 carrying Oversized Loads in order to prevent damage to Street foundations, surfaces or Structures, to protect bridges and other public or Private Property and life from damage or injury resulting from the moving, or having upon a Public Street or place an Oversized Load, and to promote the general health, welfare and safety of the citizens of this City.

(Ord. 0-03-05 § 1 (part), 2005)

The Following words and phrases Shall have the meanings as set forth in this section, and if any word or phrase is not defined in this section, it Shall have the meaning set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in said Vehicle Code, it Shall have the meaning attributed to it in ordinary usage:

"City" means the City of Colton.

"City Engineer" means the City Engineer of the City of Colton.

"Day" means a twenty-four hour period.

"Department" means the Engineering Department of the City.

"Gross Weight" means the combined weight of a Vehicle and its load.

"Night" means that period of a Day when the sun has set and has not yet arisen, during which period there is natural darkness.

"Oversized Load" means 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 California Vehicle Code relating to height, width, length, size or weight of a Vehicle or load.

"Person" means any Person, firm, individual, corporation, association, partnership, trust or other organization, and includes an Owner, lessee, Permittee, agent or Employee of any Person, firm, individual, corporation, association, partnership, trust or other organization.

"Public Property" means real or Personal Property owned and controlled by the City, but does not include Easements, Encroachments and other Property that are located on the Property of the City but are not owned or controlled by the City.

"Street" means a road, way or place of whatever nature, publicly maintained and open to the Use of the public for purposes of vehicular travel. Street includes a Highway.

"Vehicle" means a Vehicle as defined in Section 670 of the California Vehicle Code.

(Ord. 0-03-05 § 1 (part), 2005)

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 files with the City Engineer an agreement in writing to pay all damages, costs or expenses which May be suffered or incurred by the City as a result of the movement of any Oversized Load 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 Oversized Load under the supervision and control of an officer thereof.

(Ord. 0-03-05 § 1 (part), 2005)

It is unlawful and a misdemeanor for any Person to move, Permit or cause to be moved, any Oversized Load upon any Public Street or Public Place in the City, without first obtaining a Permit therefor from the City Engineer as required by this chapter.

(Ord. 0-03-05 § 1 (part), 2005)

A. One-Day Permit. The City Engineer May issue a Permit to move one or more specified Oversized Loads at specific times on specifically Designated City Public Streets or places during one Day. Any number of such trips May be made as provided in the Permit by the City Engineer on the Day for which said Permit is issued. The Fee for such Permits Shall be as specified by separate Resolution of the City Council establishing Fees and charges in effect at the time the Permit is obtained, and Shall be paid prior to issuance of said Permit.

B. Annual Permit. The City Engineer May issue a Permit to move any number of Oversized Loads on specifically Designated City Public Streets or places at specific times by six or fewer Vehicles (provided the same route is Used for all six Vehicles), as provided in the Permit by the City Engineer during a period of time not exceeding three hundred sixty-five consecutive calendar Days, provided each of said Oversized Loads does not exceed the Following size, length, height, weight and width limitations:

1. The Oversized Load Shall not exceed one-half the narrowest roadway width over which such Oversized Load is to be moved.

2. The Oversized Load Shall not exceed eighteen feet (two hundred sixteen inches) in width, or eighteen feet (two hundred sixteen inches) in height.

3. The Oversized Load Shall not exceed one hundred thirty-five feet (one thousand six hundred twenty inches) overall in length.

4. An Oversized Load Shall not exceed one hundred tons of Gross Weight and Shall conform to the weight, axle number and wheel-loading requirements of the State as provided in California Vehicle Code Sections 35550 and 35551; provided, however, the City Engineer may, at the time of issuing such annual Permit, reduce the Gross Weight limitation stated in this section if the specifically Designated City Public Streets and places to be Used in moving said Oversized Loads would in his opinion be Materially damaged thereby.

The Fee for such Permit Shall be as specified by separate Resolution of the City Council establishing Fees and charges in effect at the time the Permit as obtained, and Shall be paid prior to the issuance of said Permit.

(Ord. 0-03-05 § 1 (part), 2005)

The Application for any Oversized Load Permits required under this chapter Shall be made on a form furnished by the City Engineer and Shall contain the Following information and data:

A. Length of time for which the Permit is requested;

B. A statement and map of the Public Streets or places over which Applicant desires to travel;

C. Sufficient information to establish that the proposed Oversized Load can be moved safely and without undue Interference with traffic or Use of the Streets and places by the public;

D. The date and time of Day when the Applicant desires to move the Oversized Load;

E. 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. In the case of annual Permits, or other Permits contemplating the Use of more than one Vehicle, the Permittee May substitute or add Vehicles or loads being operated or transported under such Permit upon submission to the City Engineer of the required information regarding such Vehicles and his Approval thereof by addendum to the Permit at least twenty-four hours prior to their operation or transportation;

F. A description of the type of load to be moved, and if the request is for an annual Permit, the number of trips contemplated for each of said type loads;

G. Such other information and data as the City Engineer determines is reasonably necessary and required to carry out the provisions of this chapter; and

H. A current certificate of insurance, which Shall be kept on file in the Engineering Department, naming the City as an additional insured, prior to issuance of any Oversized Load Permit.

(Ord. 0-03-05 § 1 (part), 2005)

Upon receiving an Application for an Oversized Load Permit, the City Engineer Shall transmit a Copy thereof to the City's Chief of Police. The City Engineer and Chief of Police Shall cause an investigation to be made concerning whether the Oversized Loads, Vehicles, loads and activities proposed in the Application comply with State Laws and City Ordinances and Resolutions regulating Vehicles, traffic safety and congestion, and pertaining to the safety of all Property, public and private, including any public Utility which May be affected by the proposed movement of an Oversized Load on the Public Streets and places of the City. The Chief of Police Shall report the result of his investigation and findings to the City Engineer within forty-eight hours or as soon as practicable.

(Ord. 0-03-05 § 1 (part), 2005)

Whenever the moving of any Oversized Load requires 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 the public Utility. Upon receipt of such Notice 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 or other Property. A Copy of the Permit issued by the City Engineer Shall be sent to all public utilities that are potentially affected by transport of the Oversized Load.

(Ord. 0-03-05 § 1 (part), 2005)

If, at the completion of the investigation required in this chapter, the City Engineer finds and determines that the Oversized Load movement as proposed in the Application will not be detrimental to the public health, peace, safety and welfare, the City Engineer Shall issue a one-Day or annual Oversized Load 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 restricting the number of trips, the weight, length, width, height and size of an Oversized Load, the time of Day trips May be made, the date periods during which trips May be made, and requiring Applicant to obtain Written Approval of any Person whose Property will be unduly disturbed or endangered by the moving of an Oversized Load upon Public Streets or places.

(Ord. 0-03-05 § 1 (part), 2005)

A Permit to move any Oversized Load Shall set forth on its face the dates and period of time for which it is to be effective, the routes over which the Oversized Load May be moved, and any other information the City Engineer May find is necessary for proper enforcement of this chapter, including but not limited to the name of Permittee, the height, weight, length, width limitations, a description of the Oversized Load 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 any Oversized Load contrary to the provisions of this chapter, State Laws and City Ordinances and Resolutions Shall be void. The City or any Officer or Employee Shall not be liable for any damages resulting due to such Permit failing to contain any such information.

(Ord. 0-03-05 § 1 (part), 2005)

A. The City Engineer Shall issue all Oversized Load Permits pursuant to this chapter. The City Engineer 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 pertinent Laws of the State, County or of the City, 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 City Engineer May also suspend or revoke any Permit under this chapter if he has probable cause to believe a Permittee, or any agent, official or Employee of the Permittee has misrepresented, falsified or concealed any Material fact in the Application upon which such Permit was issued.

B. Any Applicant being denied a Permit as provided herein or having a Permit suspended or revoked Shall be entitled to an Appeal hearing before the City Manager.

C. Any Applicant wishing to Appeal Shall file a request for Appeal with the City Clerk. The request for Appeal will be sufficient in form if it contains the names and addresses of the Applicants, and states that "This Appeal is from the action of the City Engineer in either granting, denying, suspending or revoking Application No. _____ made by (name of Applicant) for an Oversized Load Permit." The request for Appeal Shall also state the reasons for submitting the Appeal.

D. Upon receipt of any such Written Appeal, the City Clerk Shall forward the Application together with the Written Appeal to the City Manager as soon as reasonably practicable. The City Manager Shall thereupon determine whether or not the Permit Shall be issued as provided herein after a hearing thereupon. The hearing Shall be held at the earliest reasonable time thereafter; provided, however, the Applicant and any interested Persons requesting Notice Shall be mailed Notice thereof at their last known address at least five Days prior to such Appeal hearing.

E. The City Manager's Decision concerning the Appeal Shall be final.

(Ord. 0-03-05 § 1 (part), 2005)

Every Oversized Load Permit, or facsimile thereof, in the case of annual or other Permits which contemplate the Use of more than one Vehicle, 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 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. A facsimile of said Permit Shall also be displayed in a location in the Vehicle that is easily visible to the public.

(Ord. 0-03-05 § 1 (part), 2005)

The City Engineer Shall determine and approve the times and dates when an Oversized Load May be moved, and Shall determine and approve the route or routes over which each Oversized Load May be moved, giving due consideration to existing underpasses, overhead wires and other obstacles, condition of the Streets, and other pertinent conditions. Prescribed routes Shall, whenever possible, be confined to Designated truck routes and arterial Highways and not Local Streets.

(Ord. 0-03-05 § 1 (part), 2005)

It is unlawful and a misdemeanor for any Person, unless accompanied by an escort Vehicle or Vehicles Approved by the City Engineer, to move upon any City Public Street or place any Oversized Load which falls within any of the Following categories:

A. An Oversized Load that exceeds one-half the narrowest roadway width over which such Oversized Load is being moved;

B. An Oversized Load that exceeds eleven feet in width, or fourteen feet in height; or

C. An Oversized Load that exceeds seventy-five feet overall in length.

The City Engineer May establish Written requirements for escort Vehicles. Such requirements Shall be followed by Applicants moving Oversized Load which exceed any of the categories listed in this section.

(Ord. 0-03-05 § 1 (part), 2005)

Whenever it becomes impossible or impractical to move or remove an Oversized Load from the City Public Streets or places, detour Signs and warning lights Approved by the City Engineer Shall be so placed as to make the Stopping or parking of such Oversized Load safe for regular traffic on said Streets or places. The City Engineer and City's Chief of Police Shall be so notified immediately by the Permittee or the mover of the Oversized Load that such Oversized Load will be parked or Stopped. Any of said City Officers May require such Oversized Load to be moved or removed, if possible, to a place deemed safe for such Oversized Load and other traffic on said Streets or places.

(Ord. 0-03-05 § 1 (part), 2005)

A. The City Engineer May require that any Oversized Load over fourteen feet in width be moved at Night, if it is determined necessary to protect the public safety and welfare.

B. When any Oversized Load is moved at Night, and the City Engineer has issued a Permit for such a movement, warning lights Shall be placed by the Permittee or the mover of the Oversized Load upon such Oversized Load in such a manner as to indicate the clearance of such Oversized Load 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 Oversized Load and there Must be at least four such warning lights visible from the front, rear and each side of such Oversized Load. In addition, flagmen, or alternative warning devices Approved by the City Engineer Shall be employed by the Permittee to warn approaching traffic of the presence of such Oversized Load if the City Engineer determines that such flagmen and/or devices are necessary to protect Persons using The City Public Streets arid places and so notifies the Permittee or the mover of the Oversized Load.

C. Notwithstanding the provisions contained in this chapter, the City Engineer May require the Permittee to provide such additional warnings and Signs as the City Engineer deems necessary for the protection of Pedestrians, Vehicles and the Drivers thereof who are using said Public Streets and places.

(Ord. 0-03-05 § 1 (part), 2005)

The Applicant for a Permit under this chapter Shall indemnify and hold harmless the City, the City Council, the City Engineer, Chief of 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 Oversized Load upon City Public Streets or places. Said Applicant Shall furnish to the City and maintain during the period for which an Oversized Load 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 Oversized Load. The policy Shall provide for not less than the Following coverage amounts:

Incidental Coverage

Said policy or certificate of coverage thereunder Shall be furnished to the City Engineer prior to the issuance of any Permit under this chapter.

(Ord. 0-03-05 § 1 (part), 2005)

The Permittee Shall report any damage to any Property, public or private, as a result of moving or having upon City Public Streets or places any Oversized Load. Such report Shall be presented to the City Engineer 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 Permittee or his duly authorized agent. The City Engineer Shall also provide the Chief of Police with a Copy of such report.

(Ord. 0-03-05 § 1 (part), 2005)

The City, the City Council, the City Engineer, Chief of Police, 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. The City Shall not be responsible for any and all damage caused by the transport of Oversized Load on City Streets.

(Ord. 0-03-05 § 1 (part), 2005)

A. It is unlawful and a misdemeanor for any Person to move, or Permit or cause to be moved, any Oversized Load upon a Public Street or Public Place in the City contrary to the terms, provisions, and conditions of a Permit issued under this chapter by the City Engineer, in Violation of any provision of this chapter, other applicable provisions of this Code, or of the California 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.

B. This section Shall not apply to an Oversized Load being moved at the request of an authorized public Officer in the event of Flood, fire, earthquake or other public disaster or Emergency, or for the purposes of national defense.

(Ord. 0-03-05 § 1 (part), 2005)

Any Person, firm, association, partnership, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor.

(Ord. 0-03-05 § 1 (part), 2005)