El Cerrito Municipal Code Ch. 13.24 Transportation of Soil or Rock

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "Applicant" means the person, firm or corporation who has applied for a permit as provided in this chapter.

B. "Permittee" means the person, firm or corporation to whom a permit is issued.

C. "Rock" means a stone of any size, rubble, paving material, or pieces of cement, brick, adobe, concrete or asphalt. "Rock" may be either wet or dry.

D. "Soil" means material other than rock and, in particular, any material which is alluvial or residual in character or which has been appreciably broken down, such as sand. Soil may be either wet or dry.

(Ord. 96-10 Div. II (part), 1996.)

It is unlawful for any person, firm or corporation to transport soil or rock so as to allow any of it to be spilled on public or private property. Any person, firm or corporation spilling such material, or tracking soil or rock from private property upon any public right-of-way, shall immediately cause same to be removed.

(Ord. 96-10 Div. II (part), 1996.)

It is unlawful for any person, firm or corporation to transport any soil or rock in excess of fifty cubic yards within the city without first obtaining a permit from the city.

(Ord. 96-10 Div. II (part), 1996.)

A. Any person, firm or corporation desiring to transport soil or rock in excess of fifty cubic yards within the city shall make a written application to the city manager for a permit. Said application shall include:

1. The estimated date of starting and completing the work;

2. The name and address of the applicant;

3. The gross weight, when loaded, of the vehicles to be used in transporting the soil or rock, and the proposed route of haul;

4. A description of the equipment and method to be used in transporting the soil or rock.

B. If the city manager is satisfied as to the experience and qualifications of the person or persons named by the applicant, and the axle weight and characteristics of the trucks, he or she may issue a permit to said applicant upon deposit of a bond and upon such conditions as may be designated by said city manager in said permit. The minimum amount of said bond shall meet city requirements, as set by the city manager, for each permit granted, shall run in favor of the city, and shall inure to the benefit of the city for any damage suffered as a result of the operations of the applicant. Said bond shall be conditioned to pay for all loss or damage to streets or other property caused or resulting from the transportation of soil or rock within the city by said applicant; it shall include the cost of removal of material spilled or tracked by the applicant.

C. Said bond shall be approved by the city attorney before filing with the city clerk. If a recovery is had on said bond, the applicant shall immediately file a new bond in the same sum, and if he or she does not do so, the permit issued by the city manager shall be immediately terminated.

D. Failure of the person, firm or corporation doing work as an agent for the permittee to reconstruct and repair damaged public improvements in the public right-of-way to the satisfaction of the city manager will require the city to have the work done at the expense of the person who filed the bond or his or her surety.

(Ord. 96-10 Div. II (part), 1996.)

The applicant shall file a certificate showing that he or she is insured against claims for damages for personal injury and property damage, including damage to the city by deposit or washing of material onto city streets, which may arise out of or in connection with the performance of the work, whether such performance be by himself or herself, his or her subcontractor, or anyone directly or indirectly employed by him or her. Such insurance shall include protection against liability arising from completed operations. The insurance coverage shall be in the amount of one million dollars for public liability and five hundred thousand dollars for property damage, or coverage in such greater amounts as set by the city manager.

(Ord. 96-10 Div. II (part), 1996.)

The city manager shall deny the permit when the work as proposed by the applicant is considered likely to endanger any person or property, or to obstruct any access way.

(Ord. 96-10 Div. II (part), 1996.)

The duration of the permit shall be for the term specified in the application required by Section 13.24.040. However, if any person, firm or corporation desires to continuously conduct operations with reference to the transportation of soil and rock at or from one specified location, the city manager may grant a continuous permit for a period of six months.

(Ord. 96-10 Div. II (part), 1996.)