San Juan Capistrano Municipal Code Art. 9 Overload Vehicles

The purpose of this article is to regulate and limit the use of certain public streets and public property within the City by any vehicle defined in Section 4-6.110 of Article 1 of this chapter as an overload in order to:

(a) Prevent damages to street foundations, surfaces, and structures;

(b) Protect bridges and other public and private property and life from damages or injuries resulting from moving or having upon a public street an overload; and

(c) Promote the general health, welfare, and safety of the citizens of the City.

(§ 9-1.01, Art. 9-1, Ch. 9, Ord. 295)

The provisions of this article shall apply to the United States, State, counties, municipal corporations, school districts, and to all other governmental bodies, agencies, or instrumentalities; provided, however, if any such governmental agency shall file with the Traffic Engineer an agreement in writing to pay all damages and costs of expenses which may be suffered or injured by the City as a result of the movement of an overload by such agency, then such agency need not pay the permit fee or post the deposit or policy of liability insurance required by this article. The exemption set forth in this section shall not apply to any private contractor engaged by any governmental agency, nor to any equipment or vehicle not operated by any employee of the governmental agency moving an overload under the supervision and control of an officer thereof.

(§ 9-1.02, Art. 9-1, Ch. 9, Ord. 295)

It shall be unlawful for any person to move, permit, or cause to be moved an overload upon any public street or place in the City without first obtaining a permit therefor from the Traffic Engineer as set forth in this article.

(§ 9-2.01, Art. 9-2, Ch. 9, Ord. 295)

An application for a permit to move an overload upon the public streets of the City, together with the fees required for the type of permit requested, shall be filed with the Traffic Engineer at least 72 hours prior to the time such overload is to be moved upon the public streets of the City.

(§ 9-2.04, Art. 9-2, Ch. 9, Ord. 295)

The application for an overload permit shall be made on the standard transportation permit application required by the California Department of Transportation pursuant to Vehicle Code Section 35781. All information required by the form shall be filled out completely before it shall be processed by the City Engineer. The permit application and fees requirements are effective as of July 1, 1990.

(§ 9-3.01, Art. 9-3, Ch. 9, Ord. 295, as amended by § 1(a), Ord. 668)

Upon receiving an application for an overload permit, the Traffic Engineer shall immediately transmit a copy thereof to the Sheriff’s Department. The Traffic Engineer and Sheriff’s Department shall immediately cause investigations to be made concerning compliance with State and local laws regulating vehicles, traffic safety and congestion, and the safety of all property, public and private, including any public utility which may be affected by the proposed movement of an overload on the streets. The Sheriff’s Department shall report its findings to the Traffic Engineer.

(§ 9-3.02, Art. 9-3, Ch. 9, Ord. 295)

A permit issuance fee shall be paid by the applicant upon the filing of each application for an overload permit. Special services necessitated by unusual or extraordinary conditions requiring engineering, investigation, or the social services shall be billed separately for each permit.

(§ 9-2.03, Art. 9-2, Ch. 9, Ord. 295, as amended by § 1(b), Ord. 668)

The Traffic Engineer, as deemed necessary and reasonable, may issue or refuse to issue an overload permit or may issue such permit on such terms and conditions as he deems necessary to protect the public streets or property of any person, including limiting the number of trips, weight, time of day trips are made, season during which trips are made, and requiring the applicant to obtain the written approval of any person whose property will be unduly disturbed or endangered by the applicant by moving an overload upon the public streets.

(§ 9-4.02, Art. 9-4, Ch. 9, Ord. 295)

(§ 9-4.04, Art. 9-4, Ch. 9, Ord. 295; repealed by § 2, Ord. 668)

Any permit granted pursuant to the provisions of this article to move an overload may be revoked by the Traffic Engineer at any time for any violation by the permittee of this article or when the public health, safety, or welfare requires such revocation.

(§ 9-2.02, Art. 9-2, Ch. 9, Ord. 295)

Every overload permit shall be carried in the vehicle or with the operator of the vehicle to which the permit refers and shall be presented, upon demand, to any peace officer, the Traffic Engineer, or any other authorized agent of the City charged with the care and protection of the City streets.

(§ 9-4.05, Art. 9-4, Ch. 9, Ord. 295)

The applicant shall furnish to the City an insurance certificate providing for liability insurance coverage to the applicant and to the City which shall be named as an additional named insured. The liability insurance coverage shall be in an amount approved by the office of the City Attorney.

(§§ 9-6.01 and 9-6.02, Art. 9-6, Ch. 9, Ord. 295, as amended by § 1, Ord. 576, eff. July 31, 1986)

(a) Reports. Permittees to move an overload shall report any damage to any property, public or private, as a result of moving or having upon a public street an overload. Such report shall be presented to the Traffic Engineer within 24 hours after such damage is caused. Such report shall include the location, cause, and description of any such damage and the names of any witnesses.

(b) Liability. Neither the City, the Council, the Traffic Engineer, nor any City employee shall be liable for any loss or damage arising out of any violation or failure to comply with the provisions of this article.

(§§ 9-6.03 and 9-6.04, Art. 9-6, Ch. 9, Ord. 295)

Whenever the moving of an overload shall require the removal or displacement of any wire or other property of any public utility, it shall be the duty of the applicant to give notice and make such deposits as are required by the affected public utility. It shall be the duty of the public utility to act in an efficient and expeditious manner to remove or displace, or cause to be removed or displaced, such wire or other property.

(§ 9-4.01, Art. 9-4, Ch. 9, Ord. 295)

The Traffic Engineer shall determine or approve the times when an overload may be moved and shall determine or approve the route over which each overload may be moved in accordance with such movement permitted by underpasses, overhead wires and other obstacles, condition of the streets, and other pertinent conditions. Whenever possible, routes shall be confined to arterial highways and not local streets.

(§ 9-4.03, Art. 9-4, Ch. 9, Ord. 295)

(a) Overloads requiring escorts. It shall be unlawful for any person, unless accompanied by an escort assigned by the Traffic Engineer, to move upon any public street or place an overload which falls within any of the following categories:

(1) The load or vehicle has a gross weight in excess of 50 tons or 100,000 pounds;

(2) The load or vehicle exceeds in width one-half (½) the narrowest roadway over which such overload is moved;

(3) The load or vehicle exceeds eighteen (18') feet or 216 inches in width, or sixteen (16') feet or 192 inches in height; or

(4) The load or vehicle exceeds seventy-five (75') feet overall in length.

(b) Assignment. When an overload is required to be accompanied by an escort and a permit has been issued, the Traffic Engineer shall assign an escort to accompany the overload. It shall be the duty of the mover of an overload to notify the Traffic Engineer at least 48 hours in advance of the time the move will be started and the escort needed.

(§§ 9-4.06 and 9-4.08, Art. 9-4, Ch. 9, Ord. 295)

If the Traffic Engineer determines that the movement of an overload may be made safely without damage to the street, or injury to persons, or undue interference with traffic, or the use of the streets by the public, he may waive the requirements of this article.

(§ 9-4.07, Art. 9-4, Ch. 9, Ord. 295)

When it becomes impossible or impractical to remove an overload from the City, and such overload shall be parked upon any public place in the City, detour signs and warning lights, approved by the Traffic Engineer, shall be so placed as to make passage of such overload safe for regular traffic on the street.

(§ 9-5.01, Art. 9-5, Ch. 9, Ord. 295)

When an overload shall be moved at night, and the Traffic Engineer has issued a permit therefor, warning lights shall be placed upon such overload in the front and on the rear and each side to indicate the clearance of such overload. Such warning lights shall be visible from a distance of 500 feet from the front, rear, and each side, and there shall be at least four such warning lights visible from the front, rear, and each side of such overload. In addition, flagmen shall be employed to warn approaching traffic of the presence of such overload. The Traffic Engineer may require such additional warnings and signs as he deems necessary for the protection of other drivers.

(§ 9-5.02, Art. 9-5, Ch. 9, Ord. 295)

It shall be unlawful for any person to move, or permit or cause to be moved, an overload upon a public street or place in the City contrary to the terms and conditions of the permit issued by the Traffic Engineer, or in violation of any provision of this article, other applicable provisions of this chapter, or of the Vehicle Code, or over a route or at a time other than that specified in the permit, or on a day other than a regular working day for the City, or in rainy or foggy weather. The provisions of this section shall not apply to an overload being moved at the request of an authorized officer in the event of a flood, fire, earthquake, or other public disaster or exigency or for the purposes of national defense.

(§ 9-2.02, Art. 9-2, Ch. 9, Ord. 295)