Division 3 — USE OF CITY STREETS AND HIGHWAYS BY OVERWEIGHT VEHICLES

SEC. 19-240. DEFINITIONS.

The following words and phrases, whenever used in this division, shall be construed as defined in this section.

(A) DESIGNATED STREETS - Those city streets or highways, or portions thereof, that have been designated by the city council by resolution as being open to travel by overweight vehicles pursuant to a special permit issued under the provisions of this division.

(B) DIRECTOR - The director of development services of the City of Oxnard, or his/her designee.

(C) OVERWEIGHT VEHICLE - A vehicle, combination of vehicles, or mobile equipment, which, in combination with its load, has a maximum gross weight in excess of the weight limit of vehicles and loads specified in the California Vehicle Code, but does not exceed 95,000 pounds gross weight. Ocean shipping equipment under the seal of United States Customs shall not be subject to the provisions of this division.

(D) PERSON - Any natural person, firm, association, organization, partnership, corporation, public corporation, political subdivision or any department or agency thereof.

(E) YEAR - Calendar year commencing January 1 and ending the following December 31.

(Ord. No. 2871)

SEC. 19-241. SPECIAL PERMIT REQUIRED.

No person shall operate or move an overweight vehicle upon city streets or highways except pursuant to a special permit issued under the provisions of this division. A special permit shall be required for each overweight vehicle to be operated or moved on city streets or highways. Notwithstanding the foregoing, a person shall not be required to obtain a special permit pursuant to this division if they are required to obtain a city permit for a vehicle whose height, length or width exceeds the maximum specified in the California Vehicle Code, have obtained the permit and the permit is currently valid.

(Ord. No. 2871)

SEC. 19-242. DESIGNATED STREETS.

The city will only issue a special permit for operation or movement of an overweight vehicle upon designated streets. Designated streets shall be established by a resolution of the city council.

(Ord. No. 2871)

SEC. 19-243. AUTHORITY TO ISSUE SPECIAL PERMIT.

(A) The director or his/her designee is authorized to issue special permits under this division for either a single movement or on a yearly basis for continuous operation. Every permit issued for continuous operations shall expire on December 31 of the year for which it is issued. The director may issue or withhold a special permit in his/her discretion or may issue a special permit conditioned upon the following:

(1) The number of trips authorized.

(2) Seasonal or other time limitations within which the overweight vehicle may be operated or moved on the designated streets.

(3) An undertaking or other security as may be deemed necessary to protect the city's streets, highways and bridges from damage.

(4) Required proof of financial responsibility in an amount required for compliance with California Vehicle Code section 16500.5.

(5) 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.

(6) Potential negative safety or environmental impacts in the opinion of the city traffic engineer, fire chief, or the police chief.

(B) No special permit issued pursuant to this section shall authorize the transport of hazardous materials or hazardous wastes, as those terms are defined by local, state, and federal law.

(Ord. No. 2871)

SEC. 19-244. APPLICATION REQUIRED.

The city will issue a special permit 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 continuous operations. Each application shall be accompanied with a special permit fee. The amount of all special permit fees shall be established by a resolution of the city council.

(Ord. No. 2871)

SEC. 19-245. SPECIAL PERMIT CONDITIONS.

Every special permit issued pursuant to this division shall provide that:

(A) The maximum allowable gross combined vehicle weight to be permitted may not exceed 95,000 pounds with appropriate equipment and the vehicle, combination of vehicles, or mobile equipment shall conform to the axle weight limits specified in Section 35550 of the California Vehicle Code.

(B) The maximum speed limit for any overweight vehicle shall be 30 miles per hour.

(C) Each person to whom a special permit is issued shall agree to defend and indemnify city, its city council, 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 or highways whether designated or non-designated.

(D) Each person to whom a special permit is issued shall 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 the issuance of a special permit and use of city streets or highways, whether designated or non-designated.

(E) Each person to whom a special permit is issued shall agree to carry a copy of the special permit in the overweight vehicle for which the permit is issued and furnish a copy to any peace officer upon demand.

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

(G) Each person to whom a special permit is issued shall be prohibited from using an overweight vehicle to transport hazardous materials or hazardous wastes, as those terms are defined by local, state and federal laws, across any city street or highway, or portion thereof.

(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.

(I) No detour from a permitted route may be made without prior written permission of the director or his/her designee.

(J) Except for permitted detours, no route shall be on any street or highway, or portion thereof, not designated by a resolution of the city council.

(K) Every overweight vehicle permitted under this division and each special permit issued pursuant hereto shall be subject to inspection by the director or his/her

designee, or any peace officer, at any time it is on a city street or highway within the limits of the city for the purpose of determining compliance with the provisions of the special permit.

(L) As a condition precedent to the city's 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.

(Ord. No. 2871)

SEC. 19-246. VEHICLE TRIP LOGS.

All persons operating or moving an overweight vehicle pursuant to a continuous operation special permit shall maintain a vehicle trip log that evidences all vehicle trips on a city street or highway within the limits of the city for the then current year. Vehicle trip logs shall, at a minimum, contain the following information: license plate number, month and year, date of trip, driver's name or any other information that the director may deem appropriate. A copy of the vehicle trip log shall at all times be kept in the overweight vehicle and shall be presented to any peace officer upon demand. As a condition precedent to the city's issuance of any new continuous operation special permit, each application shall be accompanied by a vehicle trip log from the previous year.

(Ord. No. 2871)

SEC. 19-247. FURNISHING PROOF OF COMPLIANCE WITH THIS DIVISION.

All persons operating or moving an overweight vehicle shall carry a copy of any special permit issued pursuant to this division in the overweight vehicle for which the permit is issued and furnish a copy to any peace officer upon demand.

(Ord. No. 2871)

SEC. 19-248. REVOCATION OF PERMIT.

The director may revoke all continuous operation special permits issued to a person, if the person, his/her employee or agent is determined by the director to have violated any two special permit conditions or violate the same special permit on two occasions within any 90 calendar period. No special permit shall be issued to a person whose special permit has been revoked pursuant to this section for 90 calendar days following such revocation. Nothing contained in this division 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 streets upon discovery of a violation of a condition of a special permit.

(Ord. No. 2871)

SEC. 19-249. RULES AND REGULATIONS.

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

(Ord. No. 2871)

SEC. 19-250. OTHER PERMITS.

A special permit issued pursuant to this division 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 or highways.

(Ord. No. 2871)

CHAPTER 20: TREES; SHRUBS

20-1. Duties of parks and facilities superintendent

20-2. Prohibited acts; exception

20-3. Unlawful to interfere with superintendent

20-4. Protection during certain construction work

20-5. Removal of trees

20-6. Notice of removal

20-7. Appeal of notice

20-8. Hearing officer

20-9. Scheduling hearings; notice

20-10. Conduct of hearings

20-11. Decision

SEC. 20-1. DUTIES OF PARKS AND FACILITIES SUPERINTENDENT.

The parks and facilities superintendent or designee (“superintendent”) shall have the following duties:

(A) Monitor, regulate and encourage the preservation, culture, and planting of trees, plants and shrubbery on public property;

(B) Prune, spray, cultivate and maintain trees, plants and shrubbery located on public property;

(C) Trim and direct the time and method of trimming trees, plants and shrubbery on public property; and

(D) Control and exterminate insects, pests and plant diseases that may be injurious to trees, plants and shrubbery on public property.

(`64 Code, Sec. 32-1) (Ord. No. 2454)

SEC. 20-2. PROHIBITED ACTS; EXCEPTION.

(A) No person shall trim, remove, plant, injure or destroy any tree, plant or shrub on public property.

(B) Notwithstanding subsection (A) above, a person may trim, remove, or plant a tree, plant or shrub on public property with the prior written consent of the superintendent.

(`64 Code, Sec. 32-2) (Ord. No. 2454)

SEC. 20-3. UNLAWFUL TO INTERFERE WITH SUPERINTENDENT.

No person shall hinder, prevent or interfere with the superintendent while the superintendent is lawfully engaged in carrying out the provisions of this chapter.

(`64 Code, Sec. 32-3) (Ord. No. 2454)

SEC. 20-4. PROTECTION DURING CERTAIN CONSTRUCTION WORK.

No person in charge of any construction work involving any building or structure shall leave any tree on public property in the vicinity of such construction work without sufficient protection to prevent injury to the tree arising out of the construction work.

(`64 Code, Sec. 32-4) (Ord. No. 2454)

SEC. 20-5. REMOVAL OF TREES.

The superintendent may remove any tree or any part thereof that appears to be dead, liable to fall, dangerous or obstructing the public right-of-way, if the tree is on public property or if the tree is on private property and overhangs or projects into any public right-of-way.

(`64 Code, Sec. 32-5) (Ord. No. 2454)

SEC. 20-6. NOTICE OF REMOVAL.

Except in the case of imminent public danger and immediate necessity, the superintendent shall not wholly cut down or remove a tree unless ten days' written notice is provided to the owner, tenant, or occupant or the agent of the owner, tenant or occupant of the property upon which the tree is located.

(`64 Code, Sec. 32-6) (Ord. No. 2454)

SEC. 20-7. APPEAL OF NOTICE.

Any person having an objection to a notice provided pursuant to section20-6 shall file with the city clerk a written request for an appeal before a hearing officer within ten days of receiving the notice.

(`64 Code, Sec. 32-7) (Ord. No. 2454)

SEC. 20-8. HEARING OFFICER.

The city manager shall act as hearing officer.

(`64 Code, Sec. 32-8) (Ord. No. 2454)

SEC. 20-9. SCHEDULING HEARINGS; NOTICE.

(A) After receipt of a request for hearing, accompanied by the hearing fee, the city clerk shall send the request to the hearing officer.

(B) The hearing fee shall be established by resolution of the city council. The hearing officer shall promptly schedule the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and location of hearing to the person requesting the hearing and to the superintendent.

(`64 Code, Sec. 32-9) (Ord. No. 2454)

SEC. 20-10. CONDUCT OF HEARINGS.

(A) All hearings shall be open to the public.

(B) The person requesting the hearing shall first present evidence to justify the tree not being removed. Thereafter, the superintendent may present evidence. The burden of proof to justify having the tree remain is on the person requesting the hearing.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 32-10) (Ord. No. 2454)

SEC. 20-11. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the person requesting the hearing and to the superintendent a written decision containing a statement of the reasons on which the decision is based. The decision of the hearing officer shall be final.

(`64 Code, Sec. 32-11) (Ord. No. 2454)

CHAPTER 21: UNDERGROUND UTILITIES

ARTICLE I. GENERAL PROVISIONS

[Reserved]