Nevada County Municipal Code Ch. 1 Chain Control Regulations

This Section shall be known and referred to in all proceedings as the "Chain Control Regulations."

(Ord. 2522. (04/18/2023))

It shall be unlawful for any person to engage in the installation or removal of automotive chains for compensation on any vehicle for use upon any State highway or other public roadway within the boundaries of the County of Nevada without having first obtained a permit issued by the Nevada County Sheriff's Department and providing proof of a valid chain installation and removal permit issued by the California Department of Transportation.

(Ord. 2522. (04/18/2023))

A. Application. Any person desiring to engage in the business of removing or installing automotive tire chains for compensation during the winter months for use upon those public roadways specified in Section 6.02.120, must be over the age of eighteen (18) years and shall first apply to the Sheriff's Office of the County by completing a chain installation permit application.

All applicants are required to be fingerprinted and photographed by Sheriff personnel at the applicant's expense. Sheriff personnel shall process completed applications and render a decision within ten (10) calendar days of receiving the fingerprint report from the Department of Justice. The Sheriff is authorized to deny a permit application upon a finding of good cause, including, but need not be limited to, the applicant having submitted an incomplete application, having falsified information on the permit application, having been convicted of a crime (other than an infraction) involving dishonesty, fraud, deceit, violence, illegal sale/distribution or possession of a controlled substance, or any other crime involving moral turpitude within the last ten (10) years, or having otherwise failed to meet the requirements set forth in this Chapter.

B. Application Fee.

C. The fee for such a permit shall be set by resolution of the Board of Supervisors. The Sheriff shall deposit the fee so collected in the County treasury. The permit issued shall expire June 30th of each year.

(Ord. 2377. (01/28/2014)); Ord. 2522. (04/18/2023))

A. Unless otherwise approved by the Sheriff, chain installation and removal locations within the County shall be limited to installation and removal locations authorized in accordance with the terms and conditions of the permit issued to the individual by the California Department of Transportation.

B. Conduct and Workmanship. Permit Holders shall be required at all times to comply with the chain installer conduct and workmanship conditions set forth by the California Department of Transportation.

(Ord. 2522. (04/18/2023))

The Sheriff is authorized to suspend or revoke the County-issued chain installation or removal permit for non-compliance with any of the permit terms and/or conditions.

(Ord. 2522. (04/18/2023))

Any person desiring to engage in the business of removing or installing automotive tire chains for compensation during the winter months for use upon those public roadways must be over the age of eighteen (18) years.

(Ord. 2522. (04/18/2023))

Whenever any provision of this Section is violated by any person, such person shall be deemed guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail not to exceed six (6) months, or by both such fine and imprisonment. Each day's violation of this Section shall constitute a separate and punishable offense.

(Ord. 2522. (04/18/2023))

An applicant or permittee may appeal a denial of a permit application or the suspension or revocation of a permit issued under this Chapter by submitting a written appeal to the Nevada County Undersheriff within twenty-one (21) days after such action is taken. The appeal shall set forth the reason(s) why the individual believes the action taken was improper. The Undersheriff shall complete a neutral and impartial analysis of the individual's appeal within fourteen (14) days of receipt of the appeal and may affirm, overturn, or modify the action based on the information presented. Upon request of the individual, the Sheriff may, at their discretion, review the decision of the Undersheriff and render their own decision on the merits of the appeal.

(Ord. 2522. (04/18/2023))