Fresno County Municipal Code Ch. 11.32 Overweight and Oversize Loads

The following words when used in this chapter shall have the meanings ascribed to them, and all other words and phrases shall be given the ordinary meaning:

A. "Board" means the board of supervisors of the county of Fresno;

B. "County highway" means and highway, road or street including the full width of the right-of-way thereof, in the unincorporated area of Fresno County, maintained in whole or in part by and under the jurisdiction of the county;

C. "Director" means the director of public works and development services of the county of Fresno;

D. "Special mobile equipment" shall have the same meaning as in Section 575 of the Vehicle Code, which section is incorporated herein and made a part thereof;

E. "Vehicle" shall have the same meaning as in Section 670 of the Vehicle Code, which section is incorporated herein and made a part hereof;

F. "Vehicle Code" means the Vehicle Code of the State of California.

(Ord. 90-018, § 1; prior code, § 320)

Any person desiring to operate or move over, upon, across or along any county highway a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in the Vehicle Code may file with the director an application in writing, signed by such person, for a special written permit allowing the operation or movement. Every completed application shall be on a form developed by the California Department of Transportation and shall be accompanied by the payment of the fee as set forth in the master schedule of fees, charges and cost recovery for Fresno County.

(Ord. 90-018, § 1; prior code, § 321)

A. Upon the filing of any such application it shall be the duty of the director to evaluate such application and to issue a special written permit when it appears that the applicant has complied with the provisions of this chapter and the Vehicle Code, and that the operation or movement applied for can be accomplished along the route proposed with safety and without serious inconvenience to the public, and without undue damage to road foundations, surfaces or structures. Whenever necessary to assure against undue damage to road foundations, surfaces or structures or to assure against damage to public or private property upon, above or adjacent to any county highway, or whenever it appears that such operation or movement cannot be accomplished with safety or without serious inconvenience to the public or without violating the provisions of this chapter and the laws of the state applicable thereto, the director shall withhold the issuance of a permit and shall endorse on the application his or her decision and the reasons therefor. In the issuing of a permit, the director may limit the number of trips, establish seasonal or other time limitations within which such equipment and loads may be operated and moved on the county highways and indicated in the application and may impose such other limitations upon or conditions of operation or movement of such equipment and loads which may, in the opinion of the director, be necessary to assure such safety and prevent such serious inconvenience and damage.

B. The permit shall be automatically revoked upon violation of any condition or limitation upon which it is issued, and the permittee shall thereafter, from the time of such violation and revocation be subject to prosecution under the provisions of the Vehicle Code respecting overweight and oversized loads.

C. The permittee and any agent or employee thereof in charge of the operation or movement allowed by the permit, shall comply promptly with all verbal or written directions respecting such operational movement given by an agent of a public utility, any public officer of Fresno County or any road superintendent or road foreman of the county department of public works and development services.

(Ord. 90-018, § 1; prior code, § 322)

Whenever the director, pursuant to the provisions of this chapter, withholds the issuance of a permit on the grounds that the operation or movement applied for cannot be accomplished with safety and without serious inconvenience to the public or damage to the county highway or the property on or adjacent thereto, or whenever, in the issuing of a permit, the director imposes a condition or conditions with which the applicant believes he or she should not be required to comply, the applicant may request a hearing on the application by the board to review the decision of the director. Upon the filing by the applicant of his or her request in writing with the clerk of the board for such a hearing, the clerk shall fix such a time for the hearing not later than ten days after the date of the filing of such request or, if the board is not scheduled to meet within the ten day period, at the board's next regularly scheduled meeting date. The clerk of the board shall notify the director and the applicant of the time set for the hearing. The decision of the board upon such hearing shall be final.

(Ord. 90-018, § 1; prior code, § 327)