Truckee Municipal Code Ch. 13.03 Transportation Permits

No person, firm, company, corporation, association, public agency nor organization shall move over the surface of any highway, or over any bridge, viaduct, or other structure maintained by the Town, any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the highway, without first obtaining a permit therefore, and complying with all conditions thereof.

Applications for a permit pursuant to Section 13.03.010 shall be made in writing upon forms furnished by CalTrans and approved by the Director of the Department. The form shall be filed with the Public Works Department and shall set out the following information:

(a) Weight, height, width, length.

(b) Route to be taken.

(c) Number of axles of the vehicle or vehicles hauling the non-legal load.

For the purpose of this Ordinance, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

(a) Applicant: Any person making written application for an encroachment permit hereunder is an applicant.

(b) Highway: The term "highway" includes all or any part of the entire width of right-of-way of a Town owned or maintained street, highway street, road or alley and the space over it and the ground under it, whether or not such entire area is actually used for highway purposes. If right-of-way is by prescription, a highway includes the area from the center line to the top of the cut, tow of fill, or 10 feet from the edge of traveled way, whichever is farther on both sides of the road, except that it does not include the area behind the fence having existed for more than five years.

(c) Encroachment: The term "encroachment" used in this particular section specifically means travelling on the right-of-way by any vehicle or combination of vehicles or objects of dimension, weight or other characteristic prohibited by law.

Before granting a permit under the provisions of this Ordinance, the Department may require the applicant to file with the Town security in the form of cash or a satisfactory bond payable to the Town in such an amount as the Public Works Department deems sufficient to reimburse the Town for costs of restoring the right-of-way to its former condition.

The Department may require a new or additional bond or cash deposit at any time that evidence indicates the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition. Any bond or cash deposit required by the Department under this Section shall be payable to the Town and shall be filed with the Department on satisfactory completion of the move over the surface of any highway or over any bridge, via-duct or other structure maintained by the Town of the vehicle or combination of vehicles or other objects requiring the permit. Upon the fulfillment of all of the conditions of the permit, the Town Council will release the bond or cash deposit on the expiration of ninety (90) days.

The Department of Public Works may waive the provisions of this section relating to cash deposit or security bond for permits required under this Ordinance upon satisfactory proof by Certificate of Insurance that permittee is adequately insured to assure reimbursement to the Town for repair of any damage caused to the Town property. A certificate of insurance as provided to CalTrans shall also be considered adequate.

In the event any applicant shall refuse to pay any fees, costs, or charges due under this Ordinance, the Department may, at its discretion, proceed against the surety or bond posted by the applicant pursuant to this Ordinance to collect such fees, costs or charges. The Department may, in addition, refuse to issue any new permits to an applicant with unpaid fees, costs or charges due on any job.

(a) The schedule of fees will be those recommended by the Public Works Department and established and adopted by the Council from time to time by resolution.

(b) Before a permit is issued, the applicant shall deposit with the Town for payment to the Finance Director cash or check in sufficient amount to cover the fees for the issuance of a permit, charges for field investigation, and fee for necessary inspection, all in accordance with the schedules established or adopted by the Board.

Transportation permits issued pursuant to this Ordinance are non-transferable.

The permittee shall keep any permit issued under this division in a cab of the vehicle when its movement on a public highway is involved and the permit must be shown to any authorized representative of the Department or law enforcement officer on demand.

No changes shall be made in the location, dimension, character or duration of the use granted by the permit except on written authorization by the Public Works Department.

The Department may revise any permit as it deems necessary or according to a request by the permittee for a revision acceptable to the Department by written notice. Such revision becomes effective 48 hours after deposit in the United States mail or upon personal service.

When authorized by a permit to move a vehicle or combination of vehicles or loads of dimension, height or other characteristics generally prohibited by law, the permittee, unless exempt by a special permit, shall comply with the general law regulating travel over any road or highway, including:

(a) Posted signs or notices which limits speed or direction of travel;

(b) Weight which may be placed on a structure;

(c) The width or height that may be moved; or

(d) Other restrictions or control of traffic on a road or highway.

The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public and to keep safe and preserve the road or highway over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee.

This Article shall not be construed as imposing upon the Town or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which the permit is issued hereunder, nor shall the Town or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder.

Any person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be subject to mandatory fine of $100 for a first violation; $200 for a second violation of the same ordinance (section) within a 12 month period and $500 for a third or subsequent violation of the same ordinance (section) within a 12 month period. Every day any violation continues shall constitute a separate offense punishable by a separate fine.

Any act in violation of any provision of this Chapter is hereby declared to constitute a public nuisance, the maintenance or continuance of which may be abated, removed and/or enjoined by any appropriate proceeding in the manner prescribed by law.

Remedies provided hereunder are not exclusive and are in addition to any other remedy or penalty provided by law.

The Public Works Director shall be the person primarily responsible for enforcing the provisions of this Chapter. In addition, the Truckee Police Chief shall also be responsible for enforcing the provisions of this Chapter and, to the extent any violation is designated to be an infraction, the Code Enforcement Division of the Community Development Department is also authorized to enforce the provisions of this Chapter.

(ORD 95-11, 07-06-95)