Salinas Municipal Code § 20-149 Report of damage

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it shall have the meaning 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.

(a) "City traffic engineer" means the traffic engineer of the city or his authorized representative.

(b) "Overload" means any vehicle or combination of vehicles, including any loads which it or they may bear and carry exceeding the limitations set forth in Division 15 of the California Vehicle Code relating to height, width, length, or weight of a vehicle or load.

(Ord. No. 1577 (NCS), § 2.)

The purpose of this article is to regulate the use of certain public streets and public property within the city by any vehicle defined in this article as an overload in order to prevent damage to street foundations, surfaces or structures, to protect bridges and other public or private property and life from damage or injury resulting from moving an overload upon a public street or place, and to promote the general health, safety and welfare of the public.

(Ord. No. 1577 (NCS), § 2.)

Except as provided in sections 9-18 through 9-24, this article applies to all overloads using any public street or public place within the city, including any overload using any portion of any state highway located within the city; provided its travel originates and terminates within the city. This article does not apply to any other overload using any portion of any state highway located within the city.

(Ord. No. 1577 (NCS), § 2.)

It is unlawful and a misdemeanor for any person to move or to permit or cause to be moved any overload on or over any public street or public place in the city without a permit or contrary to the terms, provisions and conditions of a permit issued according to the provisions of this article by the traffic engineer, in violation of any provisions of this article, other applicable provisions of this Code, or the California Vehicle Code. This section shall not apply to an overload being moved at the request of an authorized public officer in the event of a flood, fire, earthquake or other public disaster or emergency, or for purposes of national defense.

(Ord. No. 1577 (NCS), § 2.)

The application for any overload permit required by this article shall be made on a form furnished by the traffic engineer. The application shall contain such information and data, and certification or other proof of facts stated on the application as the traffic engineer determines are necessary and required to carry out the provisions of this article.

(Ord. No. 1577 (NCS), § 2.)

The traffic engineer is authorized to issue or withhold a permit for an overload as he, in the exercise of discretion, deems reasonably necessary in order to protect the public streets and places, the private property of any person, and the general public health, safety and welfare. If the traffic engineer decides to issue an overload permit, he may subject it to such reasonable terms, provisions and conditions as he deems necessary in order to carry out the provisions of this article, including, but not limited to, restricting the number of trips, the weight, length, width and height of an overload, the time day trips may be made, the date periods during which trips may be made, the route or routes over which trips may be made, requiring applicant to obtain written approval for and give satisfactory guarantees to any person whose property will be unduly disturbed or endangered by applicant's moving an overload on or over public streets or places.

(Ord. No. 1577 (NCS), § 2(part).)

(a) The permittee specified in this article shall indemnify and save harmless the city, members of the city council, the traffic engineer, and other city officials and employees from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained because of or arising out of the movement or location of an overload on or upon city public streets or places.

(b) The permittee shall keep in force during the period for which an overload is issued a policy of public liability and property damage insurance against liability for injuries to persons or property arising out of accidents or occurrences attributable to or in connection with the movement of an overload or having such an overload on the city's public streets or places. The policy shall provide for not less than the following coverage amounts:

(c) The permittee shall furnish satisfactory proof of carrying the insurance required by submitting certificates of policies of insurance to the traffic engineer. The insurance carried by the permittee shall be reviewed and approved by the city attorney prior to the issuance of any permit under this article. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be cancelled nor the amount of coverage thereof reduced until thirty days after receipt by the traffic engineer of a registered, written notice of such cancellation or reduction in coverage. Upon receipt of any such notice, the traffic engineer shall immediately notify the city attorney.

(Ord. No. 1577 (NCS), § 2.)

The traffic engineer may issue a one-day permit, a temporary permit, for a period of time not exceeding thirty consecutive calendar days, or an annual permit, valid for a period of three hundred sixty-five consecutive calendar days. Any permit may be issued to cover one or more overloads and one or more trips per overload as provided therein by the traffic engineer. The fees for such permits shall be fixed and set by resolution of the city council. The fee for a permit shall be paid prior to its issuance.

(Ord. No. 1577 (NCS), § 2.)

Every overload permit, or facsimile thereof in the case of permits which contemplate the use of more than one vehicle, shall be carried in the vehicle or by the operator of the vehicle to which it refers and shall be presented upon demand to any peace officer or duly authorized public officer charged with the care and protection of the city's public streets and places.

(Ord. No. 1577 (NCS), § 2.)

The permittee shall report any damage to any property, public or private, as a result of moving or having on or upon city public streets or places any overload. Such report shall be presented to the traffic engineer within twenty-four hours after such damage results. Such report shall include the location, cause and description of any such damages, and the names of any witnesses thereto, and shall bear the signature of the permittee or his duly authorized agent.

(Ord. No. 1577 (NCS), § 2.)

(a) Any permit issued according to the provisions of this article may be suspended or revoked whenever the terms and conditions thereof, including the provisions of this article, other applicable provisions of this Code, or the California Vehicle Code, are violated, or whenever the activities authorized by the permit are being conducted in a manner detrimental to the general public health, safety or welfare, or whenever it is found that any material fact has been misrepresented or falsified in, or concealed from, an application for a permit.

(b) Whenever any ground for suspension or revocation occurs, or is believed to have occurred, the traffic engineer shall call for a hearing to determine whether or not a permit should be suspended or revoked.

(c) The traffic engineer shall notify the permittee of the hearing in writing at least five days before the date thereof. The notice may be delivered by personal service on the permittee or sent by registered or certified mail, postage prepaid, to the permittee at his address as shown on the application for a permit.

(d) The traffic engineer shall hear and receive all relevant evidence presented by the permittee or his authorized representative, or any other interested party, and shall, within twenty-four hours after the close of the hearing, determine whether or not the permit shall be suspended or revoked.

(e) If the permit is suspended or revoked, it shall be delivered forthwith to the traffic engineer, and, in the case of a suspension, shall be returned to the permittee forthwith upon the expiration of the period of suspension.

(Ord. No. 1577 (NCS), § 2.)

(a) Any person aggrieved by any decision of the traffic engineer under the provisions of this article, including Section 20-150, may notice an appeal therefrom in writing within five days thereafter to the city clerk, who shall set the matter for hearing before the city council not more than ten days from the date of receipt of the notice of appeal, unless the appellant requests or consents, in writing, to the hearing being held at a later date than that established by this section.

(b) The city clerk shall notify the appellant of the hearing in the manner and within the time specified in Section 20-150. At such hearing, the city council shall hear all interested parties or their representatives, all relevant evidence submitted thereto, and make a final determination of the matter within five days of the close of the hearing.

(Ord. No. 1577 (NCS), § 2.)