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HomeMy WebLinkAboutOrdinance #1392 ORDINANCE NO. 1392 AN ORDINANCE OF THE CITY OD UNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO MOVEMENT OF OVERLOADS; ADDING ARTICLE 618 AND NEW SECTIONS THERETO The City Council of the City of Huntington Beach does or- dain as follows: SECTION 1. That Article 618 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: ARTICLE 618 MOVEMENT OF OVERLOADS - PERMIT REQUIRED SECTION 2. That the following new sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: S . 6180. Purpose and Application. S . 6180. 1. 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 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 the moving, or having upon a public street an overload, and to promote the general health, welfare and safety of the citizens of this City. S . 6180. 2. Movement by Governmental Authorities: The provisions of this article shall apply to the United States, this state, counties, municipal corpora- tions, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such governmental agency shall file with the Director of Public Works an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload by such agency, then such agency need not pay any permit fee or post any deposit or policy of liability insurance required by this article. This exemppion 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 the overload under the supervision and control of an officer thereof. S . 6181. Definitions. The following words and phrases shall have the meaning hereinafter set forth, and if any word or phrase is not hereinafter defined, it shall have the meaning set forth in the California Vehicle Code, provided that if any such word or phrase is not defined in said Vehicle Code, it shall have the meaning attributed to it in ordinary usage. S . 6181. 1. CITY. Shall mean the City of Huntington Beach, California. S . 6181.2. DEPARTMENT. Shall mean the Department of Public Works of the City of Huntington Beach, California. S . 6181.3 . DIRECTOR. Shall mean the Director of the Department of Public Works of this city or his authorized representative. S . 6181.4-: GROSS WEIGHT. Shall mean the combined weight of a. vehicle and its load. S . 6181.5. OVERLOAD: Shall mean and include any vehicle or combina- tion of vehicles exceeding the limitations set forth in Division_ 15 of the California, Vehicle Code relating to height, width, ,length, size or weight of a, vehicle or load. S . 6181.6. PERSON. Shall mean any person, firm, individual, corpora- tion, partnership, trust or other organization, and shall include an owner, lessee, agent or employee of any person, firm, individual, corporation, partnership, trust or other organiza- tion. S . 6182. Permit Required for Overload. It shall be unlawful for any person to move, permit or cause to be moved, any overload upon any public street or place in the City, without first obtaining a permit therefor from the Director as required by this article . S . 6182. 1. Unlawful to Move Overload Contrary to Permit . It shall be unlawful for any person to move, or permit or cause to be moved, any overload upon a, public street or place in the City contrary to the terms and conditions of the permit issued by the Director, in violation of any provision of this article, other applicable provisions of this Code, or of the California Vehicle Code, over a, route or at a time other than that specified on the permit, on a, da,y other than a regular da,y for the department, or in rainy or foggy weather. This section shall not apply to an overload being moved at the request of an authorized public officer in the event of flood, fire,ea.rthqua,ke or other public disaster or exigency, or for the purposes of national defense. Any permit may be revoked by the Director at any time for a. violation by permittee of this ordinance or when public health, safety or welfare requires such revocation. S. 6183 . Types of Permits and Fees . S. 6183 . 1. 1-Day Permit . A permit to move a specified overload on city streets during one day. Any number of trips ma,y be made on the da,y for which said permit is issued. The fee for such permit shall be $5.00. 2 - S . 6183 .2. Temporary Permit. A permit to move specified identical overloads on City streets for a, period of time not exceeding 30 days . The fee for such permit shall be $5.00 plus $1. 00 for each da,y such permit is in effect . S . 6183 . 3. Annual Permit. A permit to move specified identical overloads in the city streets for a, eriod not exceeding one year. The fee for such permit shall be 50.00. S . 6184. Application for Overload Permit. Application for a, permit to move an overload upon the public streets of this city, together with the fee required for the type permit requested shall be filed with the Director at least 72 hours prior to the time such overload is to be moved upon the public streets of the city. S . 6184. 1. Contents of Application. The application for an overload , permit shall be made on a, form furnished by the Director, and shall contain the following information: 1. Length of time for which the permit is requested, i. e. , for a, single trip, thirty days, or annual. 2. Except in requests for annual permits, a, statement of the street or place over which applicant desires to travel. 3. A complete description of the vehicle or vehicles to be operated, including the make, license number, and weight, name of the registered owner of the truck. 4. A description of the type load to be moved, and if the request is for an annual permit, the number of trips contemplated. 5. Such other information as the Director determines necessary to carry out the provisions of this article. S . 6184.2. Processing Permit Application. Upon receiving an applica- tion for an overload permit the Director shall immediately transmit a copy thereof to the Chief of Police. The Director and Chief of Police shall immediately cause investigations to be made concerning compliance with the state laws and local ordinances regulating vehicles, traffic safety and congestion, and the safety of all property, public and private, including any public utility which ma,y be affected by proposed move- ment of an overload on the streets. The Chief of Police shall report his findings to the Director. S. 6185. Displacement of Property of Public Utility. Whenever the moving of any 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, and of the public utility to act in an efficient and expeditious manner to remove or displace or cause to - 3 - be removed or displaced, such wire or other property. S . 6186. Issuance of Permit. The Director, as he deems necessary and reasonable, ma,y issue or refuse to issue an overload permit or may issue a permit on such terms and con- ditions as he deems necessary to protect the public streets or property of any person, including limiting the number of trips, the weight, time of da,y trips are made, season during which trips are made, and requir- ing applicant to obtain written approval of any person whose property will be unduly disturbed or endangered by applicants moving of an over- load upon the public streets . S . 6186. 1. Director to Determine Time and Route for Moving Overload. The Direc or shall determine or approve the times when an overload ma,y 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, condit- ion of the streets, and other pertinent conditions. Routes shall, whenever possible, be confined to arterial highways and not local streets . Overloads traveling on a. route approved by the Director are exempt from any truck route regulations . S . 6186. 2. Contents of Permits. A permit to move any overload shall set forth on its face the period of time for which it is to be effective, the routes over which the over- load may be moved. Any permit which. fails to contain any of the above information or which purports to grant authority to move any overload contrary to the provisions of this article is void, and the City or any city officer or employee is not liable for any damages resulting to applicant due to such permit failing to contain any of such information. S . 6186.3 . Permit Carried in Vehicle or with Operator. Every over- load permit shall be carried in the vehicle or with the operator of the vehicle to which it refers and shall be presented., upon demand., to any peace officer, traffic officer, or other authorized agent of the Department of the City charged with the care and protection of the city streets. S. 6187. When Unlawful to Move an Overload Without an Escort. It shall e unlawful for any person, unless accompanied by an escort assigned by the Director, to move upon any public street or place, any overload which falls within any of the following categor- ies: 1. Has a, gross weight in excess of 50 tons (100,000 pounds) . 2. The load or vehicle exceeds in width one-half the narrow- est roadway over which such overload is moved. 3 . The load or vehicle exceeds 18 feet (216 inches) in width, or 16 feet (192 inches) in height. 4. The load or vehicle exceeds 65 feet over-all in length. If the Director determines that such movement of the over- load ma,y 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 ma,y waive the requirements of this section. - 4 - S . 6187 . 1. Deposit for Costs of Escort. Every applicant for a per- mit to move any overload required to be accompanied by an escort shall file with the Director a deposit of cash sufficient to cover the cost of the escort at the rate of $20.00 for each half day (4 hours) or fraction thereof over four hours, for the length of time the Director deems necessary for the performance of such service. The Director shall deposit all such escort fees with the City Treasurer. Upon the completion of the mov- ing of such overload, the Director shall deduct from such deposit the sum of $20.00 for each half da,y (4 hours) or fraction thereof, or of $40 .00 for each full da,y (8 hours) or fraction thereof over four hours, for the time such escort was used. by applicant, and shall authorize the Director of Finance to refund to the applicant any difference between the amount deposited and the amount so deducted. If an amount insufficient to pay the costs of the escort at the above rates, was deposited by applicant, he shall pa,y to the Director an additional amount of money sufficient to pay for the cost of the escort . S . 6187.2. Assignment of Escort. When any overload is required to be accompanied by an escort and a, permit has been issued and the deposit for the escort has been paid to the Director, the Director shall assign an escort to accompany the overload. It shall be the duty of the mover of any overload to notify the Director at least twenty-four hours in advance of the time the move is to be started and the escort needed. S . 6188. Parking and Night Moving. S. 6188. 1. Parking of Overload Vehicles . When it becomes impossible or impractical to remove an overload from the City and such overload must be parked upon any public place in the city, detour signs and warning lights, approved by the Director, shall be so placed as to make passage of such over- load safe for regular traffic on the street . The Director and the Chief of Police shall be notified immediately that such overload will be parked, and either of such officers ma,y require such overload to be removed to a, place he deems safe for such overload and other traffic on the street. S . 6188. 2. Moving Overload at Night . When any overload must be moved at night, and the Director has issued a. permit therefor, warning lights must be placed upon such overload to indicate the clearance of such overload in the front and on the rear and each side . Such warning lights must be visible from a, distance of 500 feet from the front, rear and each side, and there must be at least four such warning lights visible from the front, rear and each side of such overload. In addition, flagmen must be employed to warn approaching traffic of the presence of such overload. The Director ma,y require such additional warning and signs he deems necessary for the protection of other drivers . S. 6189. Insurance and Bond Requirements. - 5 - s . 6189. 1. Public Liability Insurance. The applicant shall indemn- ify and save harmless the City, the City Council, the Director, and other city 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 of an overload upon city streets. The applicant shall furnish to the City and maintain during the period for which an overload permit is issued, a, public liability policy in which the City is named as an additional insured. The policy shall insure the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the movement of, or having on the streets, the overload. The policy shall provide for not less than the following amounts: Bodily Injury $100,000 each person 300,000 each accident Property Da,ma,ge $100,000 each accident S . 6189.2. Bond Required. A surety bond or cash deposit in the amount of $2000.00 shall be deposited with the Director to guarantee the repair or replacement of any public streets or bridges or other property which ma,y be damaged as a result of applicant moving or having upon public streets, any overload. S . 6189. 3. Report of Damage. Applicant shall report any damage to any property, public or private, a,s a. result of moving or having upon public streets, any overload. Such report shall be presented to the Director within 24 hours after such damage is caused. Such report shall include the location, cause, and description of any such damages, and the names of any witnesses . S . 6189.4. Responsibility for Damage. The City, the City Council, the Director or any City employee shall not be liable for any loss or damage arising out of any violation or failure to comply with this Article. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be in- valid or unconstitutional by the decision of any court of competent jurisdiction, su,l-:h decision shall not affect the validity of the remaining portions of this ordinance . The City Council hereby de- clares that it would have a,dopted' this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespec- tive of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. - 6 - SECTION 4. VIOLATION. Any person who violates or fails to comply with the provisions of this Chapter is guilty of a, misde- meanor. Any person convicted of a misdemeanor under the provisions of this Chapter shall be punishable by imprisonment in the City Jail of the City of Huntington Beach, if there be one, or in the County Jail of Orange County, as the Judge of a court of competent juris- diction may direct, not exceeding six (60) months, or by fine not exceeding .Five Hundred Dollars ($500.00) , or by both such fine and imprisonment . SECTION 5. The City Clerk shall certify to the passage of this ordinance and cause same to be published by one insertion in the Huntington Beach News, a, weekly newspaper printed, published and. circulated in the City of Huntington Beach, California, and thirty (30) days thereafter, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a, regular meeting thereof held on the 19th day of February 1968. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Ord. No.1392 STATE OF CALIFORNIA. ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day. of February , 19 68 , and was again read to said City Council at a regular meeting thereof held on the 19thday of February , 19 68 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None D � City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach, California 1, PAUL C. JONES, CITY CLERK of the City of Huntington Beach and ex•officlo Clerk of the City Council, do hereby certify that this ordinance has been publi ed in the Huntington Beach Newg gn In accordance with a City Charter of said City �......... ......City,Clork Deputy Clty Clork