Williams Municipal Code Ch. 10.42 Oversize Vehicle or Load Permit

The purpose and intent of this chapter is for the city council to permit the controlled operation and moving of vehicles or loads in, on, upon, along or into any public street or highway in the city in excess of size, height and weight of vehicles allowed to be moved or operated on highways under the provisions of Division 15 of the Vehicle Code of the State of California, and protect the public safety and welfare by requiring a permit and the filing of a policy of insurance protecting the public against personal injury and property damage.

(Ord. No. 179-10, § 3, 9-1-2010)

Whenever in this chapter the following words or phrases are used they shall mean:

"Director of public works" means the director of public works or his designated representative.

"Oversize" means any vehicle and/or load in excess of the size and weight of vehicles and/or loads allowed to be moved or operated on highways under the provisions of Division 15 of the Vehicle Code of the State of California.

(Ord. No. 179-10, § 3, 9-1-2010)

No person shall move or cause to be moved over or across any public right-of-way under the jurisdiction of the city any vehicle, load, trailer, or combination thereof, which exceeds the height, width, length, size or weight of vehicle or load limitations provided in Division 15 of the Vehicle Code of the State of California, without first obtaining an oversize load permit from the director of public works, which will be subject to the following regulations:

A. An oversize load permit may be designated by the director of public works as either a single-move permit for the movement of an oversized vehicle or load over a designated route on a specified date, or an annual or repetitive permit issued for the period specified on the oversize load permit. Repetitive oversize load permits may be issued on the type of vehicle carrying the load in the case of nonself-propelled vehicles, and on the specific vehicle in the case of self-propelled vehicles. Repetitive oversize load permits shall authorize the movement of the vehicles, or loads specified on the permit; provided, however, that the vehicle or load shall not exceed a width of thirteen feet, a height of sixteen feet, or a length of one hundred feet. If the load proposed under the repetitive load transportation permit exceeds the weight limits as prescribed in Division 15 of the Vehicle Code of the State of California by more than twenty-five percent, such move shall be subject to such route restrictions as are designated by the director of public works.

B. The director of public works shall prepare a standard transportation permit form. This form shall comply with all applicable state laws and regulations, including any standards or sample forms promulgated by the California Department of Transportation.

C. Except as provided in Section 10.42.050, application for an oversize load permit shall be made to the city a minimum of seventy-two hours prior to the time proposed for the move.

D. On the oversize load permit, the permittee shall designate the specific route or routes, the specific date or dates, and the hours in which the move will occur.

(Ord. No. 179-10, § 3, 9-1-2010)

The applicant shall comply with the following insurance requirements:

A. At the time of making application for a permit pursuant to this chapter, the applicant shall attach or have on file with the city, proof of general and auto liability insurance policies or a satisfactory plan of self-insurance covering all bodily injury and property liability incurred during the moving period. Such insurance policy shall include an endorsement naming the city as additional insured and providing primary coverage, and such vehicle insurance shall include non-owned vehicles. Where no satisfactory plan of self-insurance is provided, the minimum limits of such insurance shall be fixed by the director of public works as he or she deems sufficient. In fixing such limits, the director of public works shall use as his or her basis the costs and hazards involved in the moving of oversize vehicles or load to be performed under this permit.

B. The endorsement shall further indicate the city will be entitled to at least thirty days' written notice of cancellation of the policy of insurance.

C. Governmental agencies, including the state and its political subdivisions, will not be required to provide the insurance required by this section, but shall be required to indemnify and hold the city harmless from any loss arising out of injury to persons, or damage to property, resulting directly or indirectly from the operation permitted by the oversize load permit, including the defense of any action arising there from, at no cost to the city. The director of public works may execute an agreement with any applicable governmental agency to fulfill the requirements of this subsection.

(Ord. No. 179-10, § 3, 9-1-2010)

For moves which, because of their emergency nature, require approval during periods other than regularly scheduled city working hours, the director of public works, may grant interim approval for such moves on the condition that a permit will be acquired during the next regularly scheduled city working day. Failure to acquire such permits may result in disqualification from obtaining future permits.

(Ord. No. 179-10, § 3, 9-1-2010)

The director of public works shall not issue an oversize load permit if any one of the following conditions exists:

A. If the overweight per axle exceeds the limits provided in Division 15 of the Vehicle Code of the state by fifty percent;

B. If the move is determined by the director of public works to be prohibitive from the standpoint of public safety or contrary to the public interests;

C. If the applicant has repeatedly violated conditions of previously issued permits, or the applicant has unsettled claims against him or her for damages resulting from past moves;

D. If the applicant has failed to obtain a permit on the next regularly scheduled working day following interim approval for an emergency move as required by Section 10.42.050.

(Ord. No. 179-10, § 3, 9-1-2010)

Any person desiring an oversize load permit shall comply with the following regulations:

A. The permittee shall have the responsibility to ascertain the adequacy of the route requested for the move. When an over-height load is authorized (over thirteen feet, six inches), the permittee shall check all underpasses, bridges, overhead wires and other limiting structures or facilities for adequate clearance. The permittee shall notify the owners of all overhead lines or structures subject to disturbances or damage by his or her move and shall make arrangements for the temporary removal or relocation of the conflicting facility if required. The permittee shall bear all costs for such relocation where the facility is located in accordance with state and local regulations.

B. For any move involving a load or vehicle whose vertical height is eighteen feet or over, or whose width is thirty feet or more, the permittee shall submit to the public utilities and governmental agencies whose facilities will be affected by such move the proposed route for approval at least seventy-two hours in advance of the move. No permit shall be issued until clearances have been received from all affected public utilities and governmental agencies. Permittee shall be responsible for obtaining such clearance prior to permit issuance.

C. Oversize load permits shall be carried in the vehicle whose movement is authorized by such permit, and shall be available for inspection by any police officer, or any authorized agent of the city. Oversize load permits issued pursuant to this chapter shall be nontransferable.

D. All moving operations under an oversize load permit shall be in conformance with all general and special conditions set forth by the director of public works on such permit.

E. In case of damage to any street or other public street improvement by reason of the moving of any vehicle or load under the oversize load permit, the city shall cause such work to be done as may be necessary to restore the public street improvement to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the permittee. Such damages as occur may be recovered from the insurance as required under Section 10.42.040.

F. Movement of oversize loads or vehicles shall be prohibited during the hours of darkness (one-half hour after sunset to one-half hour before sunrise), or as otherwise stipulated in the permit.

G. The director of public works shall have the right to inspect all rollers, trucks, wheels, dollies, tractors or other apparatus proposed to be used in the moving operations. The director of public works shall be the sole judge as to the adequacy of such equipment, and may require the use of such apparatus as in his or her judgment will not cause injury to streets or pavements. Any permit issued under this chapter shall stipulate that all equipment used in moving operations shall be subject to the approval of the director of public works.

H. Temporary "No Parking Tow Away" signs shall be posted seventy-two hours prior to the move by the permittee as designated on the permit.

I. The permittee shall comply at all times with the provisions of the Vehicle Code of the State of California.

(Ord. No. 179-10, § 3, 9-1-2010)

The director of public works shall not require an oversize load permit if any of the following conditions exists:

A. Oversized load vehicles coming from an unrestricted street having ingress or egress by direct route to and from such restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure for the purpose of delivering materials to be used in the actual bona fide repair, alteration, remodeling or construction of any building or structure for which a building permit has previously been obtained, or any vehicle owned by a public utility in use in construction, installation or repair of any public utility.

(Ord. No. 179-10, § 3, 9-1-2010)

Permit fees are required subject to the following regulations:

A. The fees for an oversize load permit shall be set by resolution of the city council upon the recommendation of the director of public works. The fee shall not exceed the fee schedule developed by the California Department of Transportation.

B. A copy of the fee schedule established by resolution of the city council shall be placed on file in the office of the city clerk.

C. An extension of the effective date or an amendment to the oversize load permit may be made without payment of additional fees, if approved by the director of public works, and if requested prior to the expiration date of the original permit.

D. Government agencies, including the State of California and any of its political subdivisions, shall be required to obtain permits as provided under the provisions of this chapter, but shall not be charged the permit fee otherwise required by this section. Independent contractors engaged in government contracts shall not be exempt from permit fees.

(Ord. No. 179-10, § 3, 9-1-2010)

Any person proceeding without a permit or in violation of a permit shall be subject to an administrative citation and fine pursuant to Chapter 8.16. Nothing in this title shall be deemed to prevent the city from pursuing any other means available to them under provisions of this Code or state law to correct violations in addition to or as alternatives to the proceedings set forth in Chapter 8.16.

(Ord. No. 179-10, § 3, 9-1-2010)

The director of public works may deny issuance of a permit or revoke or suspend a permit issued to any person who violates any provision of this chapter. Within ten calendar days after receipt of the decision of the director of public works, any party affected by the decision may file with the city clerk a written request for a hearing before the city council. Upon the filing of such a request, the city clerk shall set the matter for a hearing and shall notify the appellant of the date, time and place of such hearing at least five days before the hearing date. At the hearing, any person may present evidence in opposition to, or in support of, appellant's case.

(Ord. No. 179-10, § 3, 9-1-2010)

The requirements of this chapter shall not affect the requirements or provisions of any other provision of this Code.

(Ord. No. 179-10, § 3, 9-1-2010)