HomeMy WebLinkAboutOrdinance #2082 ORDINANCE NO. 2082
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING, AMENDING AND ADDING CERTAIN
SECTIONS ALL PERTAINING TO MOVEMENT OF OVERLOADS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by repealing Sections 10 . 32 . 090 and 10 . 32 . 210 .
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by amending Sections 10. 32 . 030, 10. 32. 050, 10. 32 . 060,
10. 32. 070, 10. 32 . 080, and 10 . 32 . 200 thereto to react as follows :
10. 32. 030 Definitions . The following words and phrases
shall have the meanings 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 :
(a) "City" means the city of Huntington Beach, California.
(b ) "Department" means the department of public works of
the city.
(c ) "Director" means the director of the department of
public works of this city or his authorized representative .
(d) "Fleet" means operation of more than one combination
of tractor and trailer.
(e) "Gross weight" means the combined weight of a vehicle
and its load.
(f) "Overload" means and includes 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.
(g) "Person" means 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 organization.
JG: cs 1.
10.32. 050 Permit--Movement compliance . It is 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 chapter, 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 . This section shall not apply to an overload being
moved at the request of an authorized public officer in the
event of flood, fire, earthquake 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 chapter, or when public health, safety or
welfare requires such revocation.
10.32.060 Permit--Types and their fees . (a) One-Day
Permit . A permit is necessary to move a specified overload on
city streets during one day. Any number of trips may be made
on the day for which the permit is issued. The fee for such
permit shall be Five Dollars ($5) .
(b) Temporary Permit . A permit is necessary to move
specified identical overload on city streets for a period of
time not exceeding thirty (30) days . The fee for such permit
shall be Five Dollars ($5) plus One Dollars ($1) for each day
such permit is in effect .
(c ) Annual Permit . A permit is necessary to move specified
identical overloads in the city streets for a period not
exceeding one year . The fee for such permit shall be Fifty
Dollars ($50) .
(d) Fleet Operation. A permit is required to move any
overload in the city streets for a period not exceeding one
year by any person who owns or operates more than one combina-
tion of tractor and trailer. The fee for such permit shall be
determined by resolution of the City Council, based on the
number of tractors operated.
10. 32. 070 Permit--Application. Application for a permit
to move an overload upon the public streets of this city, to-
gether with the fee required for the type permits requested
shall be submitted to the director. The director may delay
issuance of the requested permit for the purpose of processing
and/or investigation of route for a period not to exceed three
(3 ) working days after submittal of the application and fee .
10.32. 080 Permit--Application--Contents . The application
for an overload permit shall be made on a form furnished by the
director, and shall contain the following information:
(a) Length of time for which the permit is requested, i .e. ,
for a single trip, or fleet, or thirty (30) days, or annual;
(b) Except in requests for annual or fleet permits, a
statement of the street or place over which applicant desires
to travel;
2.
(c ) A complete description of the vehicle or vehicles
to be operated, including the make, license number and weight ,
and name of the registered owner of the truck;
(d) A description of the type load to be moved, and if the
request is for an annual or fleet permit, the number of trips
contemplated;
(e) Such other information as the director determines
necessary to carry out the provisions of this chapter.
10.32. 200 Public liability insurance. The applicant shall
furnish to the city and maintain during the period for which an
overload permit is issued, a public liability insurance policy in
which the city, city council, elective and appointive officers,
employees, boards and commissions of the city shall be named as
additional insureds when acting within the scope of their official
duties, against all claims arising out of or in connection with
the movement of, or having on the streets, the overload. Such
public liability insurance policy shall indemnify, defend and hold
harmless said additional insureds . The policy shall provide for
not less than the following amounts :
Combined Single Limit Bodily Injury and/or Property
Damage Including Products Liability : $300, 000
Combined Single Limit Per Occurrence ,
SECTION 3 . The Huntington Beach Municipal Code is hereby
amended by adding thereto Section 10. 32 . 090 to read as follows :
10. 32. 090 Permit--Application--Processing. The applicant
for an overload permit shall submit his application to the
authorized representative of the public works director. After
preliminary examination by the public works department, the
applicant may hand carry his application to the authorized repre-
sentative of the chief of police who may cause investigations to
be made concerning compliance with state laws and local ordinances
regulating vehicle traffic safety and congestion, and the safety
of all property, public and private, including any public utility
which may be affected by proposed movement of an overload on the
city streets . After preliminary examination by the police depart-
ment, the , applicant may hand carry his application back to the
public works department . If an investigation is made, the chief
of police shall report his findings to the director of public
works .
SECTION 4 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a weekly news-
paper of general circulation, printed and published in Huntington
3 ,
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of July, 1976.
ATTEST: _
C-A' 0 Mayor
City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM:
Acti City~Administrator City At r
APPROVED, INITIATING DEPARTMENT: J
NO FISCAL IMPACT
FISCAL WPACT =--BUDGETED
FISCAL. IMPACT -- NOT BUDGETED
REQUIRES FINANCIAL IMPACT REPORT
4 ,
Ord. No. 2082
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 21st day of June
19 76 , and was again read to said City Council at a regular
meeting thereof held on the 6th day of July , 1976 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Pattin:son, Coen, Siebert, Shenkman, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Gibb
s
s
of the City Council of the City
of Huntington Beach, California
1, Alicia k" - -
A t, _Y Ci_ERK of the City of
Huntin_tor c sari th;, City
Council, d a ,
C has >
been pu`i. , _;r:'s on ;
In ar,c r, ,, ;ty,
Abm M. WENTWORTN
City Clerk
'�(,� Q f)
Deputy ait Clerk
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