Sutter County Municipal Code Ch. 1137 Use Restrictions on Commercial Vehicles

The following definitions apply to this Chapter:

The terms "vehicle," "commercial vehicle," "authorized emergency vehicle," "park," "person," and "street" have the meanings set forth in Division 1 of the California Vehicle Code when this Chapter is being applied.

County means the County of Sutter, California.

County Road means any highway, street, or road lying in a public right-of-way, within the limits of the County of Sutter, but not within an incorporated city or part of a state or federal highway.

Director and Development Services Department Director mean the Development Services Department Director of the County of Sutter or his/her designee.

Gross Weight means the manufacturer's gross vehicle weight rating, as defined in Division 1 of the California Vehicle Code when this Chapter is being applied.

Improved County highway means a County highway or road paved with cement, concrete, or asphaltic concrete, having at least a 16-foot wide roadway with a hard surface at least four inches thick made up of a mixture of rock, sand, or gravel bound together by an artificial binder other than natural soil.

Residence District means that portion of a County Road and the property contiguous thereto, other than a business district, (a) upon one side of which county road, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which county road, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the county road exists. (California Vehicle Code §515).

Unimproved County highway means a county highway that is not an improved County highway.

([1059, 1075, 1100, 1114, 1270, 1538] Ord. 1562, Sec. 1, Jan. 17, 2012; Ord. 1585, Sec. 2, May 28, 2013)

The "Unincorporated Residential Area" is any portion of a Residence District, not within the limits of an incorporated city, located in any one of the following areas:

(a) On and within the area bounded by Bogue Road, Township Road, Pease Road and the eastern Sutter County limits;

(b) On and within the area bounded by Butte House Road, Howlett Avenue, Markley Road and Township Road;

(c) On and within the area bounded by Barry Road, Bogue Road, Highway 99, and the eastern Sutter County limits.

Except as otherwise provided in this Chapter, no person may drive, operate, or tow a commercial vehicle with a gross weight exceeding 14,000 pounds on any County Road, not designated as a "Truck Route", located within the Unincorporated Residential Area. (California Vehicle Code Sections 35701 & 35712)

Routes designated as "Truck Routes" shall not be restricted in use for driving, operating, or towing by commercial vehicles with legal loads, including Truck Routes in the Unincorporated Residential Area. That portion of the following County Roads and road segments lying within the unincorporated County are hereby designated as Truck Routes:

No person may park a commercial vehicle with gross vehicle weight rating exceeding 10,000 pounds or a combined tractor trailer gross weight exceeding 10,000 pounds on any County Road in the Unincorporated Residential Area. (California Vehicle Code Section 22507.5)

([1059] Ord. 1587, Sec. 1, December 10, 2013)

The restrictions contained in Sections 1137-020 and 1137-040 of this Chapter shall not be effective until appropriate signs are erected by the Development Services Department Director indicating either the County Roads affected by those sections or the County Roads not affected, as the Director determines will best serve to give notice of the ordinance.

([1059] Ord. 1585, Sec. 2, May 28, 2013)

The restrictions on use contained in Section 1137-020 of this Chapter shall not apply to the following:

(a) Any vehicle that is subject to Public Utilities Code Sections 1031 to 1036.

(b) Vehicles owned by a public utility or a licensed contractor while necessarily in use in the construction, installation, or repair of any public utility.

(c) Ambulances or hearses.

(d) Authorized emergency vehicles owned or operated by governmental agencies.

(e) Vehicles operated as an incident to any industrial, commercial, or agricultural enterprise conducted within the boundaries of the Unincorporated Residential Area.

(f) Any commercial vehicle entering and leaving the Unincorporated Residential Area by direct route when necessary for the purpose of making a pickup or delivery of goods, wares, and merchandise from or to any building or structure located on a restricted County Road or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or construction of a building or structure located on the restricted County Road.

The Development Services Department Director, in his or her sole discretion, may issue a special permit authorizing an applicant to drive, operate, tow, and/or park a commercial vehicle with a gross weight exceeding 14,000 pounds on any County Road within the Unincorporated Residential Area otherwise prohibited under Sections 1137-020 or 1137-040. Any permit issued shall be subject to such conditions as the Director deems appropriate and shall be issued only upon a showing of good cause.

The decision of the Director shall be final and is not subject to appeal. Fees for such permits shall be set, from time to time, by resolution of the Board of Supervisors.

([1059] Ord. 1585, Sec. 2, May 28, 2013)

The Development Services Department Director may impose conditions and/or requirements upon persons who, on a continuous or recurring basis, engage in the commercial or industrial hauling of loads exceeding 14,000 pounds from borrow pits or shipping terminals. Such requirements, including but not limited to fees, may be included as requirements in a grading permit, use permit, surface mining permit, or other County or State permit; or as a mitigation measure under the California Environmental Quality Act. This section shall not apply to hauling incidental to agricultural operations including, but not limited to, the hauling of animals, harvested crops, or dried fruit and vegetables.

([1059] Ord. 1585, Sec. 2, May 28, 2013)

The Development Services Department Director may impose conditions and/or requirements upon persons who engage in the short-term, intensive hauling of loads exceeding 14,000 pounds, with a cumulative total haul of greater than 1,000 tons within a 90-day period, for construction purposes. Such requirements, including use fees and/or repair and restoration work, may be imposed upon that person or persons to mitigate the impact on local County Roads and may be included as a requirement in a grading permit, use permit, surface mining permit, or other County or State permit; or as a mitigation measure under the California Environmental Quality Act. If such requirement is not included in a County grading, use, or other County permit, the person or persons shall obtain a separate permit from the Development Services Department Director. Fees for such permits shall be set, from time to time, by resolution of the Board of Supervisors.

([1059] Ord. 1585, Sec. 2, May 28, 2013)

If the Development Services Department Director determines that, by accepted engineering standards, a County Road or road segment cannot support short-term, intensive hauling of loads exceeding 14,000 pounds, and that such hauling is occurring without a permit or outside of permit conditions, the Director is hereby authorized to limit vehicle weights of commercial vehicles on that County Road for a period of up to 90 days to prevent the destruction of that County Road. The Board of Supervisors may extend the limit beyond 90 days. Such limits shall be effective upon the posting of appropriate signage by the Director. (California Vehicle Code Sections 35707 & 35717).

([1059] Ord. 1585, Sec. 2, May 28, 2013)

Pursuant to California Vehicle Code Section 35706, the Board of Superiors may reduce the permissible weight of vehicles and loads upon County bridges or unimproved roads. A load limit shall not be effective until appropriate signs are erected providing notice at the limited bridge or unimproved road of the weight restrictions. Once signs are erected, it shall be unlawful for any person to drive or move any vehicle on the bridge or road excess of the posted weight limit.

([1059, 1075, 1100, 1114, 1270, 1538] Ord. 1562, Sec. 2, Jan. 17, 2012)

Pursuant to California Streets and Highways Code Division 2 County Highways, Chapter 2 Powers and Duties of Boards of Supervisors, Section 942.5, the Board of Supervisors may restrict the use of or close any County highway whenever the Board considers such closing or restriction of use necessary:

1. For the protection of the public

2. For the protection of such County highway from damage during storms

3. During construction, improvement, or maintenance operations thereon

The restriction of use may include weight load limits or vehicle length limits due to the structural composition of the County highway or due to the alignment of the County highway. A load limit or a vehicle length limit shall not be effective until appropriate signs are erected providing notice at the County highway segment of the restrictions. Once signs are erected, it shall be unlawful for any person to drive or move any vehicle on the County highway in excess of the posted weight limit or length limit.

That portion of the following County highways lying within the unincorporated County are hereby designated with the following limits:

(Ord. No. 1639, 9-26-2017)

Where vehicles exceed the maximum legal size, weight or load limits established by the California Vehicle Code, a County transportation permit shall be required in order to use County Roads. The Development Services Department Director shall issue a transportation permit where appropriate and may restrict the County Roads to be used and the time and dates of movement. The Director may also require special safety precautions be taken during movement. Permit fees may be charged as authorized by the California Vehicle Code.

([1059] Ord. 1585, Sec. 2, May 28, 2013)

(a) Except as provided in subsection (c), any person violating any provision of this Chapter shall be guilty of an infraction punishable by:

(1) A fine of one hundred dollars ($100.00) for the first violation, and

(2) A fine of two hundred dollars ($200.00) for a second violation within 12 months.

(b) Except as provided in subsection (c), any person violating any provision of this Chapter for a third or more times within 24 months shall be guilty of a misdemeanor punishable by a fine of not less than three hundred dollars ($300.00) and not more than five hundred dollars ($500.00), or by imprisonment in the County jail for a period of not more than six months, or by both such fine and imprisonment.

(c) Any person violating section 1137-040 shall be subject to a civil parking penalty of thirty-five dollars ($35.00) for each violation.

([1059, 1075, 1100, 1114, 1270] Ord. 1538, Sec. 2, Nov. 2, 2010)