Corona Municipal Code Ch. 12.28 Overloads

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 and life from damage or injury resulting from the moving or having upon a public street or place an overload and to promote the general health, welfare and safety of the citizens of this city.

(`78 Code, § 12.28.010.) (Ord. 3061 § 1 (part), 2010.)

Statutory reference:

For statutory provisions on size, weight and load, see Vehicle Code §§ 35000 et seq. as amended from time to time

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 the Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

(A) "Day" means a 24 hour period.

(B) "Department" means the Department of Public Works of the city.

(C) "Director" means the Director of the Department of Public Works of this city or his or her authorized representative.

(D) "Gross weight" means the combined weight of a vehicle and its load.

(E) "Overload" means any vehicle or combination of vehicles, including any loads which it or they may bear and carry, exceeding the limitations set forth in Cal. Vehicle Code Division 15 relating to height, width, length, size or weight of a vehicle or load, as amended from time to time.

(F) "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.

(G) “Applicant” means any person, firm, individual, corporation, association, partnership, trust or other organization applying for a permit for an overload.

(H) “Permittee” means any person, firm, individual, corporation, association, partnership, trust or other organization that has received a permit for an overload.

(`78 Code, § 12.28.020.) (Ord. 3061 § 1 (part), 2010.)

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’s Director of Public Works 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.

(`78 Code, § 12.28.030.) (Ord. 3061 § 1 (part), 2010.)

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 the city without first obtaining a permit therefor from the Director as required by this chapter and the City of Corona Department of Public Works Transportation Permit requirements. 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 the city without complying with the conditions of an overload permit issued by the Director pursuant to this chapter.

(`78 Code, § 12.28.040.) (Ord. 3061 § 1 (part), 2010.)

The Director shall not issue a permit to move any load when the weight of load, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the California Vehicle Code, except that if it appears to the Director that the size, shape or physical characteristics of the load, or portion thereof, to be moved make it impossible or impracticable to keep within such weight limited, the Director may issue a permit to move a load on a vehicle every wheel of which is equipped with pneumatic tires where the Director has determined that such movement will not cause injury to the streets, highways, bridges, and appurtenances installed therein or thereunder.

(Ord. 3061 § 1 (part), 2010.)

The Director is authorized to issue or withhold the permit at his or her discretion; or, if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicle or vehicles described may be operated on the streets or highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle when necessary to assure against undue interference with traffic or damage to the road foundations, surfaces or structures, and may require the undertaking of other security measure as may be deemed necessary to protect the streets, highways, and bridges from injury, or may require indemnification for any injuries resulting from the operation of the vehicle or vehicles.

(Ord. 3061 § 1 (part), 2010.)

(A) One-day permit. The Director 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 such trips may be made as provided in the permit by the Director on the day for which the permit is issued. The fee for such permits shall be as specified by the 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 the permit.

(B) Annual permit. The Director may issue a permit to move any number of overloads 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 Director during a period of time not exceeding 365 consecutive calendar days. The fee for such permits shall be as specified by the 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 the permit.

(`78 Code, § 12.28.050.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

The application for any overload permits required under this chapter shall be made on a standard application form developed by the California Department of Transportation pursuant to California Vehicle Code § 35781, as amended from time to time, and shall be furnished to the applicant by the Director.

(`78 Code, § 12.28.060.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

Whenever the moving of any overload 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.

(`78 Code, § 12.28.080.) (Ord. 3061 § 1 (part), 2010.)

Any person lawfully operating or maintaining overhead facilities across any street, highway or bridge in the city who desires information pertaining to any permits issued for the moving of an overload shall file a standing written request for such information with the Director. When an overload permit application has been filed, the Director shall make the proposed route information available to the requesting person. The Director shall not allow the moving of an overload during a period of 48 hours after the filing of a permit application in order to allow such person the time to inspect the route the permittee intends to take. Within 48 hours of the filing of a permit application, the operator of the overhead facilities may request that the Director require the permittee to take a different route. In the event the Director requires the permittee to make changes to the route set forth on the permit, said permit shall be void until the Director has approved the change in the route.

(Ord. 3061 § 1 (part), 2010.)

If the Director finds and determines that the overload movement as proposed in the application is consistent with State and local law and will not be detrimental to the public health, peace, safety and welfare, the Director shall issue an overload permit subject to such reasonable terms, provisions and conditions as he or she 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 overload, the time of day trips may be made, the date periods during which trips may be made and requiring the applicant to obtain written approval from any person whose property will be unduly disturbed or endangered by the applicant moving an overload upon public streets or places.

(`78 Code, § 12.28.090.) (Ord. 3061 § 1 (part), 2010.)

Any overload permit issued under this chapter shall be made on a standard permit form developed by the California Department of Transportation pursuant to California Vehicle Code § 35781, as amended from time to time, and shall be furnished or made available to the applicant by the Director.

(`78 Code, § 12.28.100.) (Ord. 3061 § 1 (part), 2010.)

Any overload permit issued under this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection pursuant to California Vehicle Code § 35783, as amended from time to time.

(`78 Code, § 12.28.110.) (Ord. 3061 § 1 (part), 2010.)

Notwithstanding the issuance of an overload permit, the Director may at any time suspend or revoke a permit issued pursuant to this chapter when:

(A) The Director has probable cause to believe a permittee or any agent, official or employee of the 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

(B) The Director 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 permit application; or

(C) Upon receipt of a complaint by a property owner or other information indicating that the permit, as issued, is or would be detrimental or injurious to public or private property, or to the public health, peace, safety and welfare.

No overload movement shall occur pursuant to a previously issued permit while such permit is suspended or revoked. The Director shall modify or revoke any such permit as necessary to protect the public streets, highways, and bridges, or the property of any person, or the public health, peace, safety and welfare.

(`78 Code, § 12.28.120.) (Ord. 3061 § 1 (part), 2010.)

The Director shall determine and approve the times and dates when an overload may be moved and shall determine and approve the route or routes over which each overload 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 arterial highways and not local streets.

(`78 Code, § 12.28.130.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

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 Director shall be so placed as to make the stopping or parking of such overload safe for regular traffic on the streets or places. The Director and city’s Chief of Police shall be so notified immediately by the permittee or the mover of the overload that such overload will be parked or stopped. Any of the city officers may require such overload to be moved or removed, if possible, to a place he or she deems safe for such overload and other traffic on the streets or placed. Possession of a valid overload permit does not exempt vehicles from the provisions of Chapter 10.20 of the code.

(`78 Code, § 12.28.150.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

(A) The Director may require that any overload be moved at night if the Director deems it necessary to protect the public health, safety and welfare.

(B) When any overload is moved at night, and the Director 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 such a manner as to indicate the clearance of such overload in the front, on the rear and each side, and shall meet the lighting requirements of the California Vehicle Code.

(C) Notwithstanding the provisions contained in this chapter, the Director may require the permittee to provide such additional warnings and signs as the Director deems necessary for the protection of pedestrians, vehicles and the drivers thereof who are using the public streets and places.

(D) "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.

(`78 Code, § 12.28.160.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

(A) The applicant for a permit under this chapter shall, before issuance of a permit, indemnify and save harmless the city, the City Council, the Director, 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 overload upon city public streets or places. The applicant shall furnish to the city and maintain during the period for which an overload permit is issued, insurance meeting the requirements of California Vehicle Code Sections 16500.5 and 16020, as amended from time to time.

(B) When, in the discretion of the Director, an applicant requests an overload permit for an unusually large or heavy load that pose a substantial risk to public facilities, the Director may require a commercial general liability 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 overload. The policy shall provide for not less than the following coverage amounts:

(C) The policy or certificate of coverage thereunder shall be furnished to the Director prior to the issuance of any permit under this chapter.

(`78 Code, § 12.28.170.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

The Director may require that the moving of any load or vehicle be under the supervision of an inspector to be appointed by the Director.

(Ord. 3061 § 1 (part), 2010.)

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 overload. The report shall be presented to the Director within 24 hours after such damage results. The 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 or her duly authorized agent.

(`78 Code, § 12.28.180.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

The city, the City Council, the Director, 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.

(`78 Code, § 12.28.190.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

(A) It is unlawful and a misdemeanor for any person to move, or permit or cause to be moved, any overload 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 Director, 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 overload 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.

(`78 Code, § 12.28.200.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992.)

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

(`78 Code, § 12.28.210.) (Ord. 3061 § 1 (part), 2010; Ord. 2138 § 1 (part), 1992; Ord. 1809 § 38, 1986.)