East Palo Alto Municipal Code Ch. 8.28 Dirt Hauling

The ordinance codified in this chapter shall be known and may be cited as the dirt hauling ordinance of the city.

(Prior code § 4-6.101)

A. Because of spill or drippings of dirt, rubbish or waste there now appears to be a need to regulate dirt hauling vehicles in the city.

B. Dirt hauling vehicles cause substantial damage to local streets with associated high costs for maintenance and repair.

C. The existence of these conditions is injurious and inimical to the public health, safety and welfare of residents of the city and contributes substantially and increasingly to the expenditure of cleaning and removal of the dirt.

D. The city council finds that, unless corrective measures are taken to alleviate these existing conditions, the social and economic conditions of the city will deteriorate.

(Prior code § 4-6.102)

For the purpose of this chapter, the following terms, phrases and words shall have the meaning given in this section:

"Director" means the director of the public works department of the city.

"Dirt" means and includes soil, sand, gravel and any other waste substance, whether liquid or solid.

"Hauling" means the carrying or transportation of dirt by a motor vehicle.

"Motor vehicle" means any vehicle used for transportation of dirt.

"Person" means and includes an individual, a corporation, or other legal entity, a partnership and any unincorporated association.

"Restricted area" means that entire area within the incorporated boundaries of the city of East Palo Alto.

(Prior code § 4-6.103)

It is unlawful for any person to haul dirt without first obtaining a written permit therefor from the director or his/her representative. For the purpose of obtaining such a permit, a written application shall be filed in a form prescribed by the director setting forth the following information:

A. A full identification and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying. If the applicant is the agent or employee of any person for whose benefit the permit is required, this fact, with the full identification of such person and his/her business and residence address shall be provided;

B. The facts constituting the necessity for hauling;

C. The amount intended to be hauled;

D. The dates on which the hauling is intended to be commenced and completed, and the times of day during which hauling is intended to be done;

E. The route which applicant proposes to use over public streets and/or private property;

F. The time interval between vehicles and the number of vehicles per hour which will travel over the route for which the permit is applied;

G. The locations of the place or places of delivery; provided, however, that if delivery is to be made in small quantities to numerous places, a general description, satisfactory to the director, of the locations of the contemplated deliveries will be sufficient; and

H. Such further information as the director may require.

(Prior code § 4-6.104)

A. If the materials to be hauled are earthen, sand or gravel, application for a permit shall be made in the manner as provided above accompanied by a nonrefundable fee as shown in the approved fee schedule, adopted by resolution of the city council.

B. No fee shall be charged for hauling of refuse or rubbish materials.

C. Immediately upon filing of an application for permit to haul, one copy of such application shall be delivered to the chief of police. The director will have made an investigation of the facts stated in the application within five days from the date of filing such application and shall grant a permit with or without modification as hereinafter set forth.

(Prior code § 4-6.105)

The application will be granted by the director only if he finds as follows:

A. That the public health, safety or welfare require the hauling and the use of the route applied for, or such modification thereof as he may deem advisable;

B. That the hauling over the route specified will not be injurious to the public health, safety or welfare;

C. That the city will be duly protected from liability for injury to persons and property; and

D. That the city will be indemnified from injury to its public streets and other places by reason of the use thereof for such hauling.

(Prior code § 4-6.106)

The director shall require, as a condition to the granting of any permit hereunder, that the applicant deposit with the city clerk a surety bond, in an amount to be fixed and form to be specified by the director, inuring to the benefit of the city, guaranteeing that applicant will faithfully perform all of the conditions and requirements specified in the permit, and will repair to the satisfaction of the director, or at the option of the director, reimburse the city for any damage caused to city streets or other city property, by the hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the director as being sufficient in financial responsibility.

(Prior code § 4-6.107)

The director shall also require, as a condition to the granting of such permit, that the applicant deposit with the city clerk a certificate or policy of a responsible insurance company showing that the city, its elective and appointive boards, officers, agents and employees are insured, in amounts hereinafter specified, against any loss or damage arising directly in carrying on any operations connected directly or indirectly with the hauling for which such a permit is issued. Such policies of insurance shall be as follows:

A. Public Liability Insurance. In an amount not less than one hundred thousand dollars ($100,000.00) for injuries, including but not limited to, accidental death to any one person, and subject to the same limit for each person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of one occurrence;

B. Property Damage Insurance. In an amount not less than twenty thousand dollars ($20,000.00). With the approval of the director, the applicant may deposit the aforesaid surety bonds and policies of insurance on an annual or continuing basis, to cover one or more permits of hauling in the same or different locations.

(Prior code § 4-6.108)

The director shall establish the route or routes all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route, or routes, as may be specified by the director to be least dangerous to public safety, and which shall cause the least interference with general traffic and the least damage to public streets.

(Prior code § 4-6.109)

The director shall also specify in granting the permit the following:

A. The gross weight limit of each truck or vehicle which shall be authorized to haul under the permit;

B. The time interval between vehicles, and the number of trucks per hour which shall be permitted to travel over the route specified;

C. The hours of the day and the days of the week during which such trucks shall be permitted to travel over such route;

D. In addition to the above, the following requirements shall be part of every permit:

1. Trucks shall be loaded in such a manner that there shall be no spillage,

2. The permit shall specify the number of yards of dirt to be hauled and the number of working days for hauling,

3. There shall be sprinkling of all loads to keep down the dust when necessary,

4. The city streets shall be kept clean of spillage and wheel dirt on alloted routes,

5. Two-way routes shall be specified in the permit,

6. The speed of trucks shall be specified in the permit,

7. Crossing guards shall be provided at the expense of the applicant when necessary in the opinion of the police chief.

(Prior code § 4-6.110)

In the event an applicant is not satisfied with the determination and restrictions imposed by the director, he/she may file with the city clerk a written notice of appeal to the city council from such decision. Such notice of appeal must be filed within five days of the mailing of the notice denying or modifying the application. In such event the city clerk shall set the hearing on such appeal before the city council for no later than the second succeeding regular meeting after date of filing such notice.

(Prior code § 4-6.111)

At the time set for hearing, the city council may summon witnesses and hear evidence relating to the application. The council may continue the hearing from time to time. At the conclusion thereof, the council may make its findings thereon and may make such modifications with reference thereto as it may deem fit. The findings and order of the council shall be final and conclusive on applicant, and no application for substantially the same purpose may be made by applicant for one year after the date of such findings and order.

(Prior code § 4-6.112)

If the director deems that the conditions of the permit are being violated, he/she may suspend the permit until the next meeting of the city council. At such meeting, he/she shall present evidence of such violations to the city council which may, in its discretion, terminate the permit.

(Prior code § 4-6.113)

In the event that any hauling for which a permit has been granted hereunder is not commenced within five days after the date of issuance of such permit, or in the event that such hauling is at any time abandoned for a period of five consecutive days, such permit shall automatically expire without notice, and no further hauling shall be made; however, the conditions expressed in such permit shall remain binding upon the person to whom such permit was issued, and all legal and equitable remedies shall be available against him for any breach thereof. When the amount of materials hauled equals the number of cubic yards which such permit authorizes to be hauled, or if haulings vary from the term of the permit, no further hauling may be made until a new or a supplemental permit to haul has been issued. In either event set forth in this section an application for supplemental permit to continue the hauling may be filed, setting forth all the information required for the original application and not contained in this section.

(Prior code § 4-6.114)

In the event that a supplemental permit is refused, permittee may appeal to the city council in the manner provided in Section 8.28.110 and Section 8.28.120 for an appeal from a denial of a permit, and all provisions of the section for giving of notice, hearings, findings, orders and conclusiveness of such finding and orders shall apply to this section.

(Prior code § 4-6.115)

Nothing in this section shall be deemed to authorize the applicant's noncompliance with other appropriate sections of the city Code. Any licenses or permits required by other sections of the Code shall be obtained in addition to the permit required by this section.

(Prior code § 4-6.116)

Every person operating any motor vehicle to haul dirt shall display the permit required by this chapter in a prominent place in or on the motor vehicle.

(Prior code § 4-6.117)

Any person who hauls dirt without a permit or violates any provision of this chapter shall be guilty of a misdemeanor.

(Prior code § 4-6.118; Ord. No. 334, § 22, 7-20-2010)