Nevada County Municipal Code Ch. 4 Motor Vehicles and Traffic: Weight Limits, Interstate Trucks, Non-Legal…

No motor or other vehicle shall be operated on or over any County road or bridge of the County, nor shall any object be moved over or upon any County road or bridge, on wheels, rollers or otherwise in excess of a total weight, including load, of eighty thousand (80,000) pounds, except when transported in or upon vehicles running exclusively on stationary rails or tracks.

(Ord. 2530. (10/24/2023))

Any peace officer making the arrest of the owner or driver of any vehicle violating the provisions of weight restrictions of this Code may require the owner or driver to drive any such vehicle to the nearest public scales to be designated by such peace officer, for the purpose of establishing the weight and the load of any such vehicle or combination of vehicles.

(Ord. 2530. (10/24/2023))

All commercial vehicles exceeding a gross weight of fourteen thousand (14,000) pounds are prohibited from using any and all streets and highways, or portions thereof, specified herein as affected by this Section. An alternate route remaining unrestricted by local weight regulation as to commercial vehicles shall be designated herein for the streets and highways affected by this Section. The Director of the Department of Public Works of the County is hereby authorized and instructed to erect, or cause to be erected, appropriate signs on the County roads or highways specified in this Section giving notice of the closures established herein.

This Section shall not be effective with respect to:

A. Any vehicle which is subject to the provisions regarding Passenger Stage Corporations as per Cal. Pub. Util. Code §§ 1031—1046.

B. The operation of ambulances or hearses.

C. Any vehicle owned, operated, controlled, or used by a public utility in connection with the construction, installation, operation, maintenance, or repair of any public utility facilities.

D. Vehicles operated as an incident to any industrial, commercial or agricultural enterprise conducted within the boundaries of an unincorporated residential subdivision area affected by This Section.

E. Any commercial vehicle coming from an unrestricted highway having ingress and egress by direct route to and from the restricted highway when necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted highway or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted highway for which a building permit has previously been obtained.

F. Any commercial vehicle using any County highway by direct route to or from a State highway for the purpose of delivering or loading for transportation goods, wares, or merchandise.

The meaning of all terms used in this Section, if defined by the Vehicle Code of the State of California, shall be governed by that definition.

Streets and highways affected include:

1. Rattlesnake Road from its southerly intersection with Brooks Road to Dog Bar Road. State Highway 174 and LaBarr Meadows Road are designated as an alternate route.

(Ord. 2530. (10/24/2023))

A. Definitions. The following words and phrases shall have the meanings set forth, and if any word or phrase used in this Chapter is not defined in this Section, it shall have the meanings set forth in the California Vehicle Code; provided that if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

1. Terminal means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured.

2. Interstate truck means a truck tractor and trailer or doubles with unlimited length as regulated by the Vehicle Code.

3. Director of Public Works means the Director of the Department of Public Works of the County of Nevada or their authorized representative.

4. Caltrans means the State of California Department of Transportation or its successor agency.

B. Purpose. The purpose of this Chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public.

C. Application.

1. Any interested person requiring terminal access from the federally designated highway system shall submit an application, on a form as provided by the county, together with such information as may be required by the Director of Public Works and appropriate fees to the County of Nevada.

2. Upon receipt of the application, the Director of Public Works will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon their approval of that designation, they will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be approved without the approval of Caltrans.

3. Should the requested route pass through the County of Nevada to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the County will be the responsibility of the entity which controls the terminal's land use.

D. Fees and Costs.

1. The applicant shall pay a non-refundable application fee, as established by the County by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

2. Upon the approval of the terminal designation and route by the County and by Caltrans, the applicant shall deposit with the County of Nevada sufficient funds as estimated by the Director of Public Works to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the County en route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place.

E. Retrofitting.

1. If all feasible routes to a requested terminal are found unsatisfactory by the Director of Public Works, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the County or by a contractor acceptable to it.

2. When the work is to be done by the County, the applicant shall deposit with the County of Nevada the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work and any difference between the actual and the estimated cost shall be billed or refunded to the applicant as the case may be. When the work is done by the applicant, the applicant may file with the Director of Public Works, on a form satisfactory to the Director of Public Works, a statement detailing the actual costs of retrofitting.

3. If at any time within five (5) years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include that applicant's proportionate share of the retrofitting, as determined by the Director of Public Works, which fee shall be disbursed by the County of Nevada to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Director of Public Works required by subsection 2 above.

F. Revocation of Route. The Director of Public Works may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

G. Appeal Process.

1. If the Director of Public Works denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the Director of Public Works may appeal said decision to the Board of Supervisors in writing. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the Clerk of the Board. The appeal shall state specifically wherein there was an error or abuse of discretion by the Director of Public Works or wherein its decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal, the Director of Public Works shall transmit to the Clerk of the Board the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Director of Public Works, the findings of the Director of Public Works and his decision on the application.

2. The Clerk of the Board shall make copies of the data provided by the Director of Public Works available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the Board of Supervisors.

3. If Caltrans and not the Director of Public Works denies or revokes terminal access from federally designated highways, no appeal may be made to the Board of Supervisors but must be made to Caltrans as may be permitted by Caltrans.

(Ord. 2530. (10/24/2023))

No person, firm, company, corporation, association, public agency nor organization shall move over the surface of any highway, or over any bridge, viaduct, or other structure maintained by the County, any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the highway, without first obtaining a permit therefor, and complying with all conditions thereof, and all applicable provisions of this Code.

(Ord. 2530. (10/24/2023))

Applications for a permit pursuant to Section 16.04.050 of this Code, for a non-legal load shall be made in writing upon forms furnished by the Department and approved by the Director of the Department. The form shall be filed with the Department and shall set out in detail where applicable the all required information. Application to move non-legal vehicles shall also provide the following information:

A. Weight, height, width, length.

B. Route to be taken.

C. Number of axles of the vehicle or vehicles hauling the non-legal load.

(Ord. 2530. (10/24/2023))

For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section.

A. Applicant means any person making written application for an encroachment permit hereunder is an applicant.

B. Highway means the term "highway" includes all or any part of the entire width of right-of-way of a County owned or maintained street, highway street, road or alley and the space over it and the ground under it, whether or not such entire area is actually used for highway purposes. If right-of-way is by prescription, a highway includes the area from the center line to the top of the cut, tow of fill, or ten (10') feet from the edge of traveled way, whichever is farther on both sides of the road, except that it does not include the area behind the fence having existed for more than five (5) years.

C. Encroachment means the term "encroachment" used in this particular section specifically means travelling on the right-of-way by any vehicle or combination of vehicles or objects of dimension, weight or other characteristic prohibited by law.

(Ord. 2530. (10/24/2023))

Before granting a permit under the provisions of this Chapter, the Department may require the applicant to file with the Board security in the form of cash or a satisfactory bond payable to the County of Nevada in such an amount as the Department deems sufficient to reimburse the County for costs of restoring the right-of-way to its former condition.

The Department may require a new or additional bond or cash deposit at any time that evidence indicates the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition. Any bond or cash deposit required by the Department under this Section shall be payable to the County and shall be filed with the Department on satisfactory completion of the move over the surface of any highway or over any bridge, via-duct or other structure maintained by the County of the vehicle or combination of vehicles or other objects requiring the permit. Upon the fulfillment of all of the conditions of the permit, the Board of Supervisors will release the bond or cash deposit on the expiration of ninety (90) days. The Department of Public Works may waive the provisions of this Section relating to cash deposit or security bond for permits required under this Chapter upon satisfactory proof by Certificate of Insurance that permittee is adequately insured to assure reimbursement to the County for repair of any damage caused to the County property.

In the event any applicant shall refuse to pay any fees, costs, or charges due under this Chapter, the Department may, at its discretion, proceed against the surety or bond posted by the applicant pursuant to this Chapter to collect such fees, costs or charges. The Department may, in addition, refuse to issue any new permits to an applicant with unpaid fees, costs or charges due on any job.

(Ord. 1589. (09/06/1989); Ord. 2238. (05/29/2007); Ord. 2530. (10/24/2023))

A. The schedule of fees will be those recommended by the Department and established and adopted by the Board from time to time by resolution.

B. Before a permit is issued, the applicant shall deposit with the Department for payment to the Treasurer of the County cash or check in sufficient amount to cover the fees for the issuance of a permit, charges for field investigation, and fee for necessary inspection, all in accordance with the schedules established or adopted by the Board.

(Ord. 2530. (10/24/2023))

Transportation and encroachment permits issued pursuant to this Chapter are non-transferrable.

(Ord. 2530. (10/24/2023))

The permittee shall keep any permit issued under this Chapter in a cab of the vehicle when its movement on a public highway is involved and the permit must be shown to any authorized representative of the Department or law enforcement officer on demand.

(Ord. 2530. (10/24/2023))

No changes shall be made in the location, dimension, character or duration of the encroachment or use granted by the permit except on written authorization by the Department.

The Department may revise any permit as it deems necessary or according to a request by the permittee for a revision acceptable to the Department by written notice. Such revision becomes effective forty-eight (48) hours after deposit in the United States mail or upon personal service.

(Ord. 2530. (10/24/2023))

The permittee shall complete the use authorized by a permit within the time specified in the permit. If, at any time, the Department finds that delay in beginning, prosecuting or completing the use is due to lack of diligence by the permittee, it may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the County for all expenses incurred by the Department in restoring the right-of-way, plus fifteen percent (15%) as administrative costs. If the use is not begun within the time stated in the permit, then the permit shall become void, unless before its expiration the time for beginning has been extended in writing by the Department.

(Ord. 2530. (10/24/2023))

Upon completion of any act for which a permit has been granted, the permittee shall notify the Department in writing on a form prescribed by the Department. No work shall be deemed completed without such notice.

(Ord. 2530. (10/24/2023))

When authorized by a permit to move a vehicle or combination of vehicles or loads of dimension, height or other characteristics generally prohibited by law, the permittee, unless exempt by a special permit, shall comply with the general law regulating travel over any road or highway, including:

A. Posted signs or notices which limits speed or direction of travel;

B. Weight which may be placed on a structure;

C. The width or height that may be moved; or

D. Other restrictions or control of traffic on a road or highway.

The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public and to keep safe and preserve the road or highway over and on which movement is being made. Any violation of this Section shall automatically cancel the permit issued to the permittee. The permittee shall comply with all applicable provisions of California law, including restoration of the highway, placement of mailboxes, etc.

(Ord. 2530. (10/24/2023))

This Chapter shall not be construed as imposing upon the County or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which the permit is issued hereunder, nor shall the County or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder.

(Ord. 2530. (10/24/2023))

Any person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be subject to a mandatory fine of one hundred dollars ($100.00) for a first violation; Two hundred dollars ($200.00) for a second violation of the same ordinance (section) within a twelve (12)-month period and five hundred dollars ($500.00) for a third or subsequent violation of the same ordinance (section) within a twelve (12)-month period. Every day any violation continues shall constitute a separate offense punishable by a separate fine.

(Ord. 2530. (10/24/2023))

Any act in violation of any provision of this Chapter is hereby declared to constitute a public nuisance, the maintenance or continuance of which may be abated, removed and/or enjoined by any appropriate proceeding in the manner prescribed by law.

(Ord. 2530. (10/24/2023))

Remedies provided hereunder are not exclusive and are in addition to any other remedy or penalty provided by law.

(Ord. 2530. (10/24/2023))

The Director of Public Works shall be the person primarily responsible for enforcing the provisions of this Chapter. In addition, the Nevada County Sheriff shall also be responsible for enforcing the provisions of this Chapter and, to the extent any violation is designated to be an infraction, the Code Compliance Division of the Nevada County Planning Department is also authorized to enforce the provisions of this Chapter.

(Ord. 2530. (10/24/2023))