Long Beach Municipal Code Ch. 10.41 Use of Streets by Overweight Vehicles

Footnotes:

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Note— Prior ordinance history: Ord. C-7177 § 1 (part), 1994; Ord. C-7442 §§ 1, 2, 3, 4, 5, 6, 1996.

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

A. "Designated streets" means those City streets or portions thereof (including streets or portions thereof within the Harbor District) that have been designated by the City Council and the Board of Harbor Commissioners (for streets within the Harbor District) by resolution as being open to travel by overweight vehicles pursuant to a special permit issued under the provisions of this Chapter.

B. "Director" means the Director of Public Works of the City of Long Beach, or his designee.

C. "Harbor District" means that portion of the City bounded on the north by Anaheim Street, on the east by the Los Angeles Flood Control Channel, on the south by the southerly limits of the City and on the west by the westerly limits of the City.

D. "Overweight vehicle" means a vehicle or combination of vehicles or various intermodal shipping equipment containing cargo of a nature which can be physically separated without affecting the cargo, the weight of which exceeds the maximum allowed by the California Vehicle Code. Ocean shipping equipment under the seal of United States Customs shall not be subject to the provisions of this Chapter.

E. "Person" means any natural person, firm, association, organization, partnership, corporation, public corporation, political subdivision or any department or agency thereof.

F. "Residential street" means a public or private right-of-way or portion thereof providing access to one (1) or more dwellings (as defined in Section 21.15.900 of this Code)

G. "Year" means calendar year commencing January 1 and ending the following December 31.

H. "Intermodal" means a type of international freight system that permits trans-shipping among sea, highway, rail, and air modes of transportation.

I. "Flatrack" means a portable, open-topped, open-sided unit that fits into existing intermodal container cells and provides the capability for container ships to carry oversized cargo.

(ORD-10-0025, § 1, 2010; Ord. C-7850 § 1, 2003)

No person shall operate or move an overweight vehicle upon City streets (including streets within the Harbor District) except pursuant to a special permit issued under the provisions of this Chapter. A special permit shall be required for each overweight vehicle to be moved or operated on City streets.

(Ord. C-7850 § 1, 2003)

A special permit will be issued for operation or movement of an overweight vehicle only upon streets and highways designated by the City Council and the Board of Harbor Commissioners (for streets within the Harbor District) by resolution. The Board of Harbor Commissioners may impose special conditions regarding the use of streets and highways within the Harbor District by an overweight vehicle when designating a street and highway within the Harbor District pursuant to this Section or at any time thereafter the Board of Harbor Commissioners shall determine that special conditions are necessary to assure against undue damage to road foundations, surfaces, bridges or other structures.

(Ord. C-7850 § 1, 2003)

The Director or his designee is authorized to issue special permits under this Chapter for either a single movement or on a yearly basis for continuous operations. Every permit issued for continuous operations shall expire on December 31 of the year for which issued. The Director may issue or withhold a special permit in his or her discretion or may issue a special permit conditioned upon any or all of the following:

A. The number of trips authorized.

B. Seasonal or other time limitations within which the overweight vehicle may be operated on the designated streets.

C. An undertaking or other security as may be deemed necessary to protect the City's streets and bridges from damage.

D. Required proof of financial responsibility in an amount required for compliance with California Vehicle Code Section 16500.5.

E. Such conditions of operation of the overweight vehicle as may be necessary to assure against undue damage to the road foundations, surfaces, bridges or other structures.

F. Potential negative safety or environmental impacts in the opinion of the City Traffic Engineer, Fire Marshall, or the Chief of Police.

(ORD-10-0025, § 2, 2010; Ord. C-7850 § 1, 2003)

A special permit will be issued only upon receipt of a signed and verified application describing the vehicle and load, including weight, and stating whether the special permit is requested for a single trip or for continuous operations. Each application shall be accompanied with a fee as determined by the Director and approved by the City Council.

(Ord. C-7850 § 1, 2003)

Every special permit issued pursuant to this Chapter shall provide the following:

A. The maximum allowable gross combined vehicle weight to be permitted may not exceed the maximum allowed by the California Vehicle Code with appropriate equipment.

B. Special permits shall be issued for the movement of intermodal shipping equipment only.

C. Each person to whom a special permit is issued shall agree to defend and indemnify City, its boards, officers and employees from any and all damages, costs and expenses sustained or incurred by City, its boards, officers and employees resulting from or arising out of the issuance of a special permit and the use of City streets whether designated or nondesignated. Each such person shall further agree to be responsible for all injuries or death of persons and for all damages to property of every kind caused by or resulting from or arising out of this issuance of a special permit and the use of City streets, whether designated or nondesignated.

D. No detour from a permitted route may be made without prior permission of the Director or his designee. No route (whether permitted or detour) shall be on residential streets. Nothing contained in this Chapter shall prohibit an overweight vehicle for which a special permit has been issued from operating or moving upon a nondesignated street to a designated street by the most direct route when necessary for the purpose of picking up or delivering an ocean shipping container.

E. Every overweight vehicle permitted under this Chapter and each special permit issued pursuant hereto shall be subject to inspection by the Director or his designee and any peace officer at any time it is on a City street within the limits of the City for the purpose of determining compliance with the provisions of the special permit.

F. As a condition precedent to the issuance of a special permit, the applicant shall furnish the Director evidence that each driver of an overweight vehicle shall have completed training in the operation of an overweight vehicle.

G. The person to whom a special permit is issued shall furnish evidence satisfactory to the Director that the overweight vehicle has undergone a safety inspection by a governmental agency having jurisdiction within ninety (90) days preceding the issuance of the special permit and at least once each ninety (90) days during the permit period.

H. Each person to whom a special permit is issued shall at all times comply with all laws, ordinances, rules and regulations of all federal, State and local governmental authorities having jurisdiction over the operation and maintenance of the overweight vehicle.

(ORD-10-0025, § 3, 2010; Ord. C-7850 § 1, 2003)

The Director shall revoke all continuous operation special permits issued to a person, if the person, his employee or agent shall violate any two (2) special permit conditions or violate the same special permit condition on two (2) occasions within any ninety (90) day period. No special permit shall be issued to a person whose special permit has been revoked pursuant to this Section for ninety (90) days following such revocation. Nothing contained in this Chapter shall be deemed or construed as limiting the power of a peace officer to issue a citation for or otherwise enforce violations of law with respect to operation of an overweight vehicle upon designated City streets upon discovery of a violation of a condition of a special permit.

(Ord. C-7850 § 1, 2003)

The Director or his designee may adopt, repeal, amend and modify administrative regulations implementing the provisions of this Chapter, including, but not limited to, operating requirements, trailer requirements, driver requirements, and any other matter deemed necessary for the effective administration of this Chapter.

(ORD-10-0025, § 4, 2010; Ord. C-7850 § 1, 2003)

No overweight vehicle shall be operated or moved upon designated streets without displaying a placard approved by the Director identifying the overweight vehicle as one for which a special permit has been issued pursuant to this Chapter. A copy of the special permit shall at all times be kept in the overweight vehicle and shall be presented to any peace officer upon demand.

(Ord. C-7850 § 1, 2003)

A special permit issued pursuant to this Chapter shall be in addition to and obtained prior to applying for any other permit which may be required by law for the operation or movement of an overweight vehicle upon public streets.

(Ord. C-7850 § 1, 2003)