Marin County Municipal Code Ch. 13.04 Weight and Use Limits

For the purpose of this chapter, "inch of width of tire" shall be equivalent to the manufacturer's rating of width in inches stamped upon such tire. One "motor power" as used in this chapter when applied to motor vehicle means the power furnished by one motor and when applied to horse drawn vehicles means one team, regardless of the number of horses composing such team.

(Ord. 184 § 1, 1922)

No motor or other vehicle, or other object or contrivance, for moving loads shall be operated or moved upon or over any public highway in the county, outside of municipal corporations, the weight of which resting upon the surface of the highway, road or bridge, exceeds seven hundred pounds upon any inch of width of tire, when the vehicle is equipped with pneumatic tires, nor more than six hundred fifty pounds upon any inch of width of tire when the vehicle is equipped with solid rubber tires or rubber tires other than pneumatic; and no motor or vehicle, object or contrivance for moving loads shall be operated or moved upon or over any public highway or bridge in the county, outside of municipal corporations, the weight of which resting upon the surface of the road or bridge exceeds six hundred pounds upon any inch of width of tire, roller, wheel or other object supported on the surface thereof, when such tires or the rolling surface of such rollers, wheels or other objects, are made in whole or in part of metal; provided, that in no case shall the load carried by any motor vehicle or trailer, equipped with solid rubber tires exceed a fifty percent overload as shown by the manufacturer's rating of such truck or trailer; provided, however, in no event shall any motor, or other vehicle be operated on or over any public highway or bridge in the county, outside of municipal corporations, nor shall any object be moved over or upon any public highway or bridge, in the county, outside of municipal corporations, on wheels, rollers, or otherwise, regardless of the width of tires, in excess of a total weight, including vehicle and load of twenty thousand pounds when the motor or other vehicle or contrivance is equipped with four wheels running on the highway, or in excess of a total weight, including vehicles and load of twenty-six thousand pounds when the motor, or other vehicle or contrivance shall be equipped with six wheels running on the highway and with three axles, not less than ninety-six inches apart.

(Ord. 184 § 2, 1922)

The provisions of this chapter with respect to the maximum weight of load upon the highways designated herein, as well as the maximum weight of pounds upon any inch of width of tire shall apply, whether one or more trailers are attached to such motor, or other vehicle operated upon or over any of the county roads or bridges within the county and provided that when a trailer is used, at least fifty percent of the entire load hauled shall be carried on the vehicle used for motive power.

(Ord. 184 § 3, 1922)

It is unlawful for any person, firm or corporation to operate or drive a motor or other vehicle upon or over any public highway or bridge in the county, outside of municipal corporations, when such vehicle is equipped with solid rubber tires, the outer circumference of which or of any of which have a flat space or surface thereon which pounds the highway or bridge.

(Ord. 184 § 4, 1922)

* See § 13.08.010 for protuberances on tires prohibited.

Anything to the contrary herein, notwithstanding, upon application in writing to the road commissioner of the district, the road commissioner at his discretion may issue a special permit to the owner or operator of any vehicle allowing heavier loads than hereinbefore in this chapter permitted to be moved or carried over or upon the county roads and bridges within the county, and may also issue such special permit to increase the permissible weights per inch of width of tire. Such permits shall be in writing and shall limit the time of use and operation of vehicle over any highways and shall specify the highways upon or over which such vehicle or heavier loads may be carried or moved, and may contain other special conditions at the discretion of the road commissioner so as to protect the county roads and bridges from injury. Such permits shall be carried in the vehicle to which they refer and shall upon demand be open to the inspection of any peace officer or any authorized agent of the board of supervisors. It is unlawful for any person to violate or cause or permit to be violated the limitations or conditions of such special permits and such violation shall be deemed, for all purposes, a misdemeanor and punished as such, and such permit upon any violation thereof shall forthwith be revoked by the road commissioner.

(Ord. 184 § 6, 1922)

The director of public works of the county is hereby authorized, at his discretion, upon application in writing, and if good cause appears, to issue a special permit in writing authorizing the applicant to operate or move 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 of the state of California and to use corrugations on the periphery of the movable tracks on a traction engine or tractor the propulsive power of which is not exerted through wheels resting upon the roadway but by means of a flexible band or chain, or, under emergency conditions to operate or move a type of vehicle otherwise prohibited by the Vehicle Code upon any county road within the county of Marin.

(Ord. 801 § 1, 1956)

All applications for permits shall be accompanied by a nonrefundable application fee in the amount established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works."

Inspection fees are hereby waived when the applicant is either a local governmental entity such as a special district, school district or municipality or is a utility company regulated by the California Public Utility Commission.

If any work requiring a permit is begun without a permit, the permit fees shall be doubled to compensate for the extra work involved in inspecting completed or partially completed work.

(Ord. 2209 § 7, 1976)

If the permit provided for in Section 13.04.060 is issued, such permit may limit the number of trips, limit the time within which the vehicle or vehicles described may be operated on the county roads indicated, or otherwise limit or prescribe conditions of operation of such vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or structures and such permit may require such undertaking or other security as may be deemed necessary to protect the county roads and bridges from injury or to provide indemnity for any injury resulting from such operation.

(Ord. 801 § 2, 1956)

Every permit issued in accordance with the provisions of Section 13.04.060 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 or protection of the county roads.

(Ord. 801 § 3, 1956)

It is unlawful for any person, firm or corporation to operate or cause to be operated any vehicle of a gross weight in excess of three tons over that certain unimproved County Highway No. 106, which county highway intersects County Highway No. 105B in the vicinity of the Marin County club yacht harbor and thence runs a distance of approximately three-tenths of a mile until it again intersects the County Highway No. 105B, it being the intent of this chapter to reduce the maximum weight limits on the entire of County Highway No. 106.

(Ord. 276 § 1, 1940)

A. LIMITS. It is unlawful for any person, firm or corporation to operate or cause to be operated a vehicle of a gross weight in excess of fourteen thousand pounds over that certain improved county highway known as Via Escondida, between the boundary of the City of Novato, and the southeasterly side of Calle Paseo, as the same is shown on that certain subdivision map known as "Map of Loma Verde No. 5," recorded on November 27, 1957.

B. EXCEPTIONS. This section shall not be applicable or effective as to the exemptions set forth in Section 35714 of the California Vehicle Code.

(Ord. 1270 §§ 1, 2, 1963)

It is unlawful for any commercial vehicle exceeding a gross weight of fourteen thousand pounds to use Miller Creek Avenue in the county from U.S. Highway 101 to the temporary connection of Miller Creek Avenue with Lucas Valley Road, except as otherwise provided in Section 714.1 of the Vehicle Code of the state of California.

(Ord. 948 § 1, 1958)

The board of supervisors of the county does hereby designate U.S. Highway 101 from its intersection with Miller Creek Avenue to its intersection with Lucas Valley Road, and Lucas Valley Road as the alternate route for the use of such vehicles as required by Subdivision "C" of Section 714.1 of the Vehicle Code of the state of California.

(Ord. 948 § 2, 1958)

Sections 13.04.110 and 13.04.120 shall be effective only upon the erection of appropriate signs at the intersection of Miller Creek Avenue with U.S. Highway 101 and Lucas Valley Road indicating the weight limitation imposed by this chapter.

(Ord. 948 § 3, 1958)

Any person who violates the provisions of Sections 13.04.110 or 13.04.120 shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions of Section 718 of the Vehicle Code of the state of California.

(Ord. 948 § 4, 1958)

The limitation of maximum weight of truck, or of truck and load, or vehicle, or vehicle and load, as provided in this chapter, shall not apply to any state highway, or state road.

(Ord. 184 § 7, 1922)

Any peace officer making the arrest for violation of Sections 13.04.020 through 13.04.050 shall keep such vehicle with its load in his custody until such time as the load on such vehicle shall have been reduced sufficiently to bring its weight within the maximum of twenty thousand pounds for one vehicle, or twenty-six thousand pounds when the vehicle is equipped with six wheels as herein provided. Furthermore any peace officer may require the owner of such vehicle to drive the same to the nearest public scales to be designated by such peace officer, for the purpose of establishing the weight of such load and vehicle and provided further that upon a second conviction for a violation of any of the provisions of Section 13.04.020 through 13.04.050 the judge or justice by or before whom such case is tried shall certify forthwith to the board of supervisors of the county of Marin, the fact of such second conviction and upon receipt of such certificate by the board of supervisors of said county, said board shall therefrom report and certify the facts of said second conviction to the motor vehicle department of the state department of engineering with the recommendation that the license of said owner and driver or owner or drivers as the case may be, be revoked by said department.

(Ord. 184 § 5, 1922)

Any person who violates any of the provisions of this chapter except Sections 13.04.110 and 13.04.120 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred dollars or imprisonment for a period not to exceed six months, or both fine and imprisonment.

(Ord. 1270 § 3, 1963)

If any section, subsection, sentence, clause, phrase or word of Section 13.04.010 through 13.04.070, is for any reason held to be void or unconstitutional, such decision shall not affect the validity of the remaining portion of Sections 13.04.010 through 13.04.070.

The board of supervisors hereby declares that it would have passed Sections 13.04.010 through 13.04.070 and each section, subsection, sentences, clause, phrase, or words thereof, irrespective of the fact that any one or other section, subsection, sentences, clause, phrase, or word hereof, be declared void or unconstitutional.

(Ord. 184 § 8, 1922)