Dublin Municipal Code Art. I General Provisions

Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter:

“City Engineer”

means the Dublin City Engineer or his designee.

“Oversize/overweight vehicles”

means and includes vehicles going upon, or using any street in such a manner as to prevent, obstruct, damage, or interfere with its normal use, including, but not limited to, the performance thereon of any of the following acts:

A.

Traveling on the street by any vehicle or combination of vehicles or any object of dimension, weight, or other characteristic prohibited by law, or having other characteristics capable of damaging the street, without a permit;

B.

Moving any building in, into, through, or from the city on, over, or through any street.

“Permittee”

means any person that proposes to traverse upon a street as herein defined and has been issued a permit for such oversize/overweight vehicle by the City Engineer.

“Person”

means any individual, firm, partnership, association, or corporation, including any public agency or utility, or any agent or representative thereof and includes successors in interest.

“Street”

means the full width of the right-of-way of any street, as defined in the California Vehicle Code, used by the general public whether or not such street has been accepted as and declared to be part of the city system of streets, including streets forming a part of the state highway system. “Street” also includes easements where the city is the grantee of the easement and property owned by the city.

(Ord. 13 § 1 (part), 1982; Ord. 16-89 § 1)

A. This chapter shall not apply to any officer or employee of the city acting in the discharge of his official duties.

B. This chapter shall not prevent any person from traveling on a city street with an oversize or overweight vehicle for the preservation of life or property when an urgent necessity therefor arises provided that such person shall notify the City Engineer by telephone the day such work is performed or the day the offices of the city are again opened. Such person shall then apply on the proper form within five (5) working days confirming the work performed.

(Ord. 13 § 1 (part), 1982; Ord. 16-89 §§ 2, 3)

Any permit granted under this chapter shall be subject to the right of the city or any other person entitled thereto, to use that part of the street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public.

(Ord. 13 § 1 (part), 1982; Ord. 16-89 § 4)

A. Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee’s part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, permittee shall defend, indemnify, and hold them and each of them, harmless from such claim, including any claim based on the active or passive negligence of the city, its officers or employees, insofar as permitted by law.

B. Permittee shall be required to show evidence of public liability insurance in an amount prescribed by the City Engineer consistent with state law to protect the city and its officials, officers, directors, employees and agents from claims which may arise from the permittee’s operations under the permit.

(Ord. 13 § 1 (part), 1982; Ord. 16-89 § 5; Ord. 4-91 § 1)

If the work or use authorized by a permit is unsafe, in violation of this chapter, or is unduly delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the city plus overhead shall be charged to and paid for by the permittee.

(Ord. 13 § 1 (part), 1982; Ord. 16-89 § 6)