Division 6 — LIMITED USE OF STREETS BY PERMIT FEES

The purpose of this division is to regulate heavy or oversized vehicles and hauling activities on Town streets.

(Ord. No. 1895, § VIII, 3-16-92; Ord. No. 1984, § I, 7-18-94)

For the purpose of this division, "hauling" shall be defined as the transportation, on and upon Town streets, of any material in a commercial vehicle, the gross weight of which exceeds ten thousand (10,000) pounds resulting from or to be used in any construction project.

(Ord. No. 1895, § VIII, 3-16-92)

For the purpose of this division, "heavy vehicles" shall be defined as vehicles that exceed the maximum limits specified by article 1 of chapter 5, division 15 of the California Vehicle Code, commencing at section 35550.

(Ord. No. 1895, § VIII, 3-16-92; Ord. No. 1984, § II, 7-18-94)

For the purposes of this division, "regulated activity" shall be defined as:

(a)

Hauling; or

(b)

The movement of a heavy vehicle; or

(c)

Operation or movement of vehicle or combination of vehicles or special mobile equipment of a size exceeding the maximum specified in the California Vehicle Code; or

(d)

Operation or movement of a vehicle carrying a load as defined in Vehicle Code section 35780.5.

(Ord. No. 1895, § VIII, 3-16-92; Ord. No. 1984, § III, 7-18-94)

Any person desiring to undertake a regulated activity as defined in section 15.30.520 within the Town, shall file an application for a permit to do so with the Town Engineer, except as specifically exempted pursuant to section 15.30.432, on the form and in the manner prescribed by the California Department of Transportation pursuant to Vehicle Code section 35781, or should no such form have been prescribed, the application shall set 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 requested, this fact, with the full identification of such person and the person's business and residence address.

(b)

The facts constituting the necessity for the regulated activity.

(c)

The amount of material expected to be hauled, in tons.

(d)

The dates on which the regulated activity is intended to be commenced and completed, and the times of day during which the regulated activity is intended to be done.

(e)

The particular streets over which a permit to operate is requested.

(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 location of the place or places of delivery of the heavy vehicle or materials, provided, however, that if delivery of materials is to be made in small quantities to numerous places, a general description satisfactory to the Town Engineer of the locations of the contemplated deliveries will be sufficient.

(h)

A specific description of the vehicle or vehicles and load to be operated or moved.

(i)

Whether such permit is requested for a single trip or for continuous operation.

(j)

Such further information as the Town Engineer may require.

(Ord. No. 1895, § VIII, 3-16-92; Ord. No. 1984, § IV, 7-18-94; Ord. No. 2320, § III, 9-7-21)

(a)

As a condition to the issuance of a permit, the permittee shall pay to the Town at the office of the Town Engineer a fee for the issuance of said permit in an amount hereinafter specified.

(b)

The fee for the issuance of the same as the fee charged by the California Department of Transportation and listed in 21 California Code of Regulations section 1411.3.

(c)

Special services required for evaluating applications for and supervising unusually large or heavy loads, such as engineering investigations, escorts, tree trimming, and arborist evaluations, shall be billed separately for each permit on an actual cost basis.

(d)

No application for a permit for a regulated activity shall be subdivided to avoid payment of a fee or any other requirements of this division, and the fees established by this division shall be in addition to any other traffic mitigation or road impact fees that may apply to the underlying project and in addition to any applicable State or other local agency fee.

(Ord. No. 1895, § VIII, 3-16-92; Ord. No. 1984, § IVA, 7-18-94)

Editor's note— Ord. No. 1984, § V, adopted July 18, 1994, repealed former § 15.30.535, relative to the payment of permit fees, which derived from Ord. No. 1895, § VIII, adopted March 16, 1992.

Editor's note— Ord. No. 1984, § VI, adopted July 18, 1994, repealed former § 15.30.540, relative to the deposit of permit fees, which derived from Ord. No. 1895, § VIII, adopted March 16, 1992.

(a)

The Town Engineer shall issue a permit pursuant to this division upon acceptance of a completed application and upon payment of the required fee therefor, and upon the determination by the director that the regulated activity for which such permit is requested reasonably requires the use of Town streets as the director deems necessary to protect the public health and safety.

(b)

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

(Ord. No. 1895, § VIII, 3-16-92)

The Town Engineer shall determine, and the permit shall specify, the conditions of use, including, but not limited to, the following:

(a)

The gross weight limit of each vehicle which shall be authorized under the permit.

(b)

The time interval between vehicles, and the number of vehicles 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 vehicles shall be permitted to travel over the route.

(d)

The total number of yards or pounds of material which may be hauled subject to the permit.

(e)

The period during which the permit is effective.

(Ord. No. 1895, § VIII, 3-16-92)

Editor's note— The provisions contained in the above section, enacted by § VIII of Ord. No. 1895 as § 15.30.545, have been redesignated as § 15.30.546 at the discretion of the editor to avoid duplicative section numbering.

Any applicant aggrieved by a determination of the Town Engineer not to issue a permit pursuant to this division or by the conditions attached thereto in the event such permit is issued, may appeal therefrom to the Town Council by filing a written notice of appeal with the Town Clerk not later than seven (7) days after the determination of the Town Engineer. The Town Council shall hold a hearing thereon as soon as its business will allow, and at the conclusion of the hearing, shall fully decide the matter.

(Ord. No. 1895, § VIII, 3-16-92)

Every permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection of any peace officer or traffic officer, or any other officer or employee charged with the care of protection of the Town streets.

(Ord. No. 1895, § VIII, 3-16-92)

In addition to any criminal liability authorized by this Code, any operator of a commercial vehicle and any sponsor or developer of a project for which a permit is required by this division shall be liable for a payment of a civil penalty in an amount three times an amount determined adequate to compensate the Town for damages to public streets and property.

(Ord. No. 1895, § VIII, 3-16-92)