Chapter 10.28 — OVERSIZE AND OVERWEIGHT VEHICLES

Sections:

Footnotes: --- (4) ---

Editor's note— Ord. No. 520, §§ 1, 4, adopted June 7, 2011, repealed the former Ch. 10.28, §§ 10.28.010 —10.28.200, and enacted a new Ch. 10.28 as set out herein. The former Ch. 10.28 pertained to similar subject matter and derived from Ord. 80, 1982.

The purpose of this chapter is to establish regulations for the movement of oversized and overweight vehicles over the roadways and highways of the town.

(Ord. No. 520, § 4, 6-7-2011)

The ordinance codified in this chapter shall be known and cited as the "Oversized/Overweight Vehicle Movement Ordinance."

(Ord. No. 520, § 4, 6-7-2011)

For the purpose of this chapter, the following words shall have the meanings ascribed to them by this section:

A.

"Oversized vehicle" means any vehicle which exceeds the height, length or width limitations of Sections 35100, 35250 and/or 35400 of the State Vehicle Code.

B.

"Overweight vehicle" means any vehicle which exceeds the weight limitations of Section 35551 et seq. of the State Vehicle Code.

C.

"Pilot car" means any motor vehicle having a minimum width of sixty (60) inches and no larger than a one and one-half (1½) ton truck using lights, signs, radio and flags as required by the State Department of Transportation, which escorts oversized and/or overweight vehicles.

D.

"Public road" means any road or highway within the town limits, except any state-owned roadway. This chapter has no application to state-owned and state maintained roadways within the town.

(Ord. No. 520, § 4, 6-7-2011)

It shall be unlawful for any person to use any public road within the town to transport an oversized and/or overweight vehicle without first obtaining a Town of Paradise issued moving permit.

(Ord. No. 520, § 4, 6-7-2011)

Each person desiring a moving permit issued by the town shall complete and submit an application (and applicable fee) in the form prescribed by the town public works director/town engineer. The application shall specifically describe the vehicle and load to be operated and moved and the particular roadways over which a moving permit is requested. The town public works director/town engineer is authorized to issue or deny issuance of the permit at his/her discretion; and/or if the permit is issued, to limit the number of trips, or to otherwise limit or prescribe conditions of operation of the vehicle in addition to the regulations specified within this chapter. Permits shall be issued only for movement of vehicles and/or loads which are not reasonably capable of being reduced in size and/or weight by disassembly or otherwise prior to its transportation.

(Ord. No. 520, § 4, 6-7-2011)

The regulations set forth in this section apply to the movement of oversized and/or overweight vehicles on public roads within the town:

A.

No such vehicle shall be parked on any town-owned right-of-way.

B.

Operating hours shall be limited to daylight hours; provided, however, that no such vehicle shall be moved between 6:00 a.m. and 9:00 a.m., or between 4:00 p.m. and 7:00 p.m. weekdays, nor during foggy or rainy weather (as determined by town staff). Oversized and/or overweight vehicles shall not be moved during State of California recognized holidays unless specifically so authorized on the town issued permit.

C.

The town issued moving permit shall be carried in the vehicle to which it refers while moving on public roads within the town.

D.

The moving permit shall be displayed upon demand to any law enforcement officer or employee of the town public works department.

E.

Each over-length and/or over-width vehicle shall have warning signs on the front and the rear of such vehicle in accordance with the standards determined by the town public works director/town engineer.

F.

Pilot car(s) shall be furnished by the applicant when a vehicle is seventy-five (75) feet or longer, sixteen (16) feet or higher in height, and/or is of such width that it cannot be kept continuously to the right of the centerline of the roads being traversed. The use of the pilot car(s) does not grant the permittee the right to preempt opposing traffic; and opposing traffic may be stopped only in emergencies.

G.

All vertical clearances shall be checked by the applicant on the proposed route prior to submitting an application for a moving permit.

H.

Any load higher than eighteen (18) feet shall have a roof load rider during its movement.

I.

All submitted moving permit applications shall include a street map which clearly indicates the proposed route of such vehicle within the town limits. The permittee shall move the subject vehicle only in accordance with the permit approved route.

(Ord. No. 520, § 4, 6-7-2011)

The permittee shall be responsible for all liability for personal injury, death or property damage which may occur as a result of the permitted transportation of an oversized or overweight vehicle. If any claim is made against the town or any department, officer, or employee thereof, by reason of, or in connection with such transportation, the permittee shall defend, indemnify and hold them and each of them harmless from such claim(s). A certificate of insurance must accompany each application submitted for a town issued moving permit. The permittee shall be responsible for any damage to town-owned trees, roads, culverts, ditches, signs, lights, signal lights or other properties as a result of the permitted moving operation.

(Ord. No. 520, § 4, 6-7-2011)

The town public works department shall notify the police department when a vehicle or load is of such size and/or weight as to halt traffic in both directions on a public road.

(Ord. No. 520, § 4, 6-7-2011)

All flaggers and temporary traffic control operations shall comply with part 6 of the California Manual on Uniform Traffic Control Devices [CA MUTCD], most recent edition.

(Ord. No. 520, § 4, 6-7-2011)

While positioning, placing or installing the subject vehicle/load, traffic on a public street shall not be halted in both directions simultaneously for more than five (5) minutes unless specifically so authorized on the town issued moving permit.

(Ord. No. 520, § 4, 6-7-2011)

It is unlawful for any person to violate or fail to comply with any provision of this chapter. Such violation shall be punishable as an infraction.

(Ord. No. 520, § 4, 6-7-2011)