Kern County Municipal Code Ch. 10.08 Weight Limits

For the purpose of this chapter, an improved highway is defined to mean any road, street or highway of the county which is defined as an "improved county highway" under Section 35707 of the Vehicle Code. All other streets, roads and highways of the county are deemed to be unimproved highways within the meaning of this chapter.

(Prior code § 2100)

It is unlawful for any person, firm or corporation to ride, drive or propel, or cause or permit to be ridden, driven or propelled any vehicle over or upon any unimproved county highway or bridge with a gross weight including vehicle and load in excess of the gross weight capacity of such road or bridge in its original structural strength; provided, however, that the maximum gross weight capacity of such road or bridge shall be established by the board of supervisors either by ordinance or by resolution hereafter passed in accordance with fact; and further provided, that the board of supervisors shall cause signs indicating the maximum gross weight capacity so established to be erected at each end of that portion of any unimproved county highway or bridge upon which the permissible gross weight is established as herein provided.

(Prior code § 2101)

In order to extend the life of community paved roadways in the unincorporated residential or subdivision areas of Kern County, commercial vehicles with a gross weight exceeding fourteen thousand (14,000) pounds are prohibited use of the following roadways pursuant to Section 35712 of the California Vehicle Code:

1. East Franklin Avenue; beginning at College Heights Boulevard to Knoll Street;

2. Gold Canyon Street; beginning three hundred sixty-four (364) feet s/o to three hundred sixty-four (364) feet n/o East Franklin Avenue;

3. Fire Opal Street; beginning three hundred sixty-four (364) feet s/o to three hundred sixty-four (364) feet n/o East Franklin Avenue;

4. Holly Canyon Street; beginning three hundred sixty-four (364) feet s/o to three hundred sixty-four (364) feet n/o East Franklin Avenue;

5. Green Lawn Street; beginning at East Franklin Avenue to five hundred twenty-eight (528) feet north;

6. Sunland Street; beginning six hundred twenty (620) feet s/o to one thousand two hundred seventy (1,270) feet n/o East Franklin Avenue.

(Ord. No. G-6621 § 2, 1999)

The maximum gross weight capacity of certain bridges of the county is found and established as follows:

A. Supervisorial District No. 1, or Road Area No. 1, bridge in Section Twenty-three (23), Township Twenty-five (25) South, Range Thirty (30) East, MDB&M, maximum gross weight ten thousand (10,000) pounds capacity;

B. Supervisorial District No. 1, or Road Area No. 1, bridge in Section Four (4), Township Twenty-five (25) South, Range Thirty (30) East, MDB&M, maximum gross weight ten thousand (10,000) pounds capacity.

(Prior code § 2102)

A. It is unlawful for any person, firm or corporation to ride, drive or propel, or cause or permit to be ridden, driven or propelled, any vehicle, over or upon any alley, with a gross weight including vehicle and load, in excess of the gross weight capacity of such alley.

B. For the purpose of this section, an alley is defined as a narrow way, having a hard surfaced and distinct roadway, not designed for general travel and primarily used as a means of access to the rear of residences and building establishments.

C. The road commissioner of the county is authorized and directed to cause signs, indicating the maximum gross weight capacity so established, be erected at each end of that portion of any alley upon which the permissible gross weight is established, as hereinafter provided.

D. In the event that any person, firm, or corporation finds it necessary to move or transport over any alley, upon which a weight limitation has been fixed, any vehicle or vehicle and load, the weight of which is in excess of the fixed weight limitations, and it is impossible to divide such load or reduce the weight thereof, application may be made to the board of supervisors and hearing conducted by the board of supervisors for a special permit to move such load over or upon such alley, in substantially the same manner and mode as prescribed by Sections 10.08.060 and 10.08.080 of this chapter. In lieu of an application presented to the board of supervisors, the application may be made to the road commissioner in substantially the same manner and mode as prescribed by Section 10.08.070 of this chapter.

E. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor.

F. Notwithstanding any other provision contained herein to the contrary, the maximum gross weight limitations for alleys shall not be applicable to any vehicle used exclusively for the purpose of garbage or refuse collection.

G. The maximum gross weight capacity of alleys in the county is found and established as follows:

1. That certain alley, commencing at a point on China Grade Loop, which point is approximately nine hundred forty-five (945) feet easterly of Manor Street, along said China Grade Loop, and running northerly therefrom, a distance of approximately 1,157.916 feet, being the easterly twenty (20) feet of Tract No. 2152, as set forth in that certain document recorded in Book 10 of Maps, Page 119, office of the county recorder of the county of Kern, and of Tract No. 2169, as set forth in that certain document recorded in Book 11 of Maps, Page 1, office of the county recorder of the county of Kern, maximum gross weight ten thousand (10,000) pounds capacity.

(Ord. No. G-6345 § 9, 1996; Ord. No. G-5885 § 19, 1993; prior code § 2109)

(Ord. No. G-8035, § 27, 4-20-10)

A. The board of supervisors may reduce the permissible weight of vehicles and loads operated or moved upon so much of any unimproved county highway or bridge which by reason of deterioration will be destroyed unless such loads are reduced; provided, however, that the board shall first determine by resolution that such highway or bridge or portion thereof, distinctly specifying the same, by reason of deterioration existing will be destroyed unless the weight of such loads or vehicles and loads is reduced; provided further, that in the event that the board finds that such weights should for such reason be reduced, the maximum weight to be thereafter moved over or upon such portion of highway or bridge shall be found and specified in said resolution; provided further, that such reduction in weights shall not extend for more than a period of ninety (90) days, unless actual repairs are begun within such time, and thereafter maintained continuously; provided further, that immediately upon passage of such resolution the board of supervisors shall cause signs, indicating the gross weight allowed, to be erected at each end of that portion of any highway or bridge upon which the permissible gross weight is reduced in accordance with this section.

B. It is unlawful for any person, firm or corporation to ride, drive or propel, or to cause to be driven, ridden or propelled, any vehicle over or upon any highway mentioned in this section with a gross weight including vehicle and load in excess of the maximum weight by such resolution provided.

(Prior code § 2103)

A. In every instance where limitations are by this chapter or by further ordinance or resolution provided, such limitations shall be subject to change only by legislative action, and it is unlawful for any officer to permit the moving of a load in excess of such respective limitations over, on or across any road or bridge to which such limitations may apply without legislative authority so to do.

B. In the event that any person, firm or corporation finds it necessary to move or transport over any road or bridge upon which a weight limitation has been fixed in accordance with this chapter, any vehicle or vehicle and load, the weight of which is in excess of the weight limitations so provided and fixed and applying thereto, and it is for any reason impossible to divide such load or to reduce the weight thereof, application may be made to the board of supervisors for a special permit to move such load, which application shall be in writing and shall contain:

1. Name and address of owner of vehicle;

2. Name and address of driver of vehicle;

3. Description of vehicle with name, make, weight, gross capacity, number of wheels, size of tread, nature of tread, whether tires are metal, pneumatic cushion or solid, state license number of vehicle and similar information concerning any trailer to be used in conveying the load;

4. Nature and weight of load;

5. Exact route desired to be traveled within the county;

6. Reason why the weight limitations applying to the road to be traveled cannot be complied with and full reasons for necessity of exceeding such limitations;

7. Date and hour of the day that applicant expects to enter the road with such load;

8. Means applicant proposes to use at his own expense to prevent such road and all bridges thereon from injury;

9. Statement that applicant will repair all damage to the road or any bridges thereon, caused by the moving of such load across the same, or that the county may, he failing so to do, repair such damage, and that the total cost thereof will be paid by the applicant to the county on demand.

(Prior code § 2104)

The application mentioned in Section 10.08.060 for a special permit to move indivisible loads or to move loads without reducing the weight thereof, may be made to the county road commissioner in lieu of to the board of supervisors, and the road commissioner shall then have the power to give approval to said application and grant the permit to move if he finds that the load in indivisible and that it is necessary to move it as stated in the application, and if, considering the structural strength of the road involved, the weight of the vehicle and load, and the precautions to be used to prevent damage to the road and any bridge therealong he believes that no damage to such road or bridge is likely to occur, or he may grant approval on such conditions as he sees fit to impose for the protection of such road or bridge. All such findings and permits shall be reported to the board and the application and permit filed with the board.

(Ord. No. G-6345 § 11, 1996: Ord. No. G-5885 § 21, 1993: prior code § 2107)

(Ord. No. G-8035, § 29, 4-20-10)

A. The application shall be heard by the board of supervisors at the earliest convenient time, and on such hearing the board may take such testimony in relation thereto as may seem proper; and upon such hearing if it shall appear to the board that the load is indivisible, and that it is necessary to move the same as shown by the application, and that, considering the structural strength of said road, the gross weight of the vehicle and load, and the precautions to be used to prevent damage to the road and the bridges thereon, no damage to such road or bridges is likely to occur, then the board shall grant a permit to the applicant in accordance with the application, or with such limitations as the board may deem proper for the protection of county property, and may, in said permit, designate a county officer or other person as a superintendent to be present and superintend the moving of such load, and to ensure that proper precautions are used to prevent damage to such road and the bridges thereon.

B. Should the applicant violate the terms of the permit, or any reasonable or proper orders of the superintendent, the permit shall at once become void, and any person committing such violation shall be deemed guilty of a misdemeanor.

C. Such permit shall in any event be nontransferable, shall apply only to the vehicle load, trip, route and date mentioned in the application, and after such date shall become void and of no effect.

(Prior code § 2105)

A. The county road commissioner shall, upon application in writing, and if good cause appears, issue a special permit in writing authorizing the applicant to operate or move over county roads a vehicle or combination of vehicles or special mobile equipment whose load exceeds the stated legal maximums for the purpose of moving perishable and semi-perishable raw agricultural products from the fields to processing plants when the applicant has a valid extralegal weight permit issued by the state department of transportation, division of highways for hauling such overweight agricultural loads on state roads or would otherwise be eligible for such a permit.

B. The agricultural commodities eligible for the extralegal weight permit shall be those designated by the State Department of Transportation, Division of Highways.

C. The provisions of this section shall expire and have no further force and effect from and after the date on which the State Department of Transportation, Division of Highways terminates authority for special permits allowing agricultural overweight loads on state highways during the 1975 harvest season. In advance of the 1976 harvest season the board will consider renewing this authority for issuance of agricultural overweight load permits on county roads.

(Ord. No. G-6345 § 12, 1996; Ord. No. G-5885 § 22, 1993; prior code § 2105.1)

(Ord. No. G-8035, § 30, 4-20-10)

Notwithstanding any other provision in this chapter to the contrary, the provisions of this chapter prescribing weight limitations for unimproved highways (exclusive of bridges) shall not be applicable to any vehicle which qualifies as a school bus under the laws of the state of California, and which is being used for the transportation of students to and from any public school or private full-time day school maintained pursuant to the provisions of Section 48222 of the Education Code of the state of California.

(Prior code § 2108)

Any person, firm or corporation violating any of the provisions of this chapter, or who directly or indirectly causes to be moved over any county highways or bridges herein referred to any vehicle or load or vehicle and load of a weight in excess of the weight permitted hereby, or by any ordinance, order or resolution passed in accordance herewith, shall be deemed guilty of a misdemeanor, except that where the amount of excess weight is less than four thousand five hundred one (4,501) pounds, then such violation shall be an infraction.

(Ord. No. G-4461 § 11, 1987: prior code § 2106)