HomeMy WebLinkAboutCC ORD 1990-1998 Adds § 11.04.200; amends § 11.40.110, vehicles and traffic (11.04, 11.40)ORDINANCE NO. 1998
AN ORDINANCE OF THE CITY OF NATIONAL CITY
ADDING SECTION 11.04.200 TO THE NATIONAL CITY
MUNICIPAL CODE, AND AMENDING SECTION 11.40.110
OF THE NATIONAL CITY MUNICIPAL CODE
AND SECTION 2 OF ORDINANCE NO. 1940
BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. That Section 11.04.200 is added to the
National City Municipal Code to read as follows:
11.04.200 Oversized vehicle or load: Oversized vehicle or
load means any building, structure, vehicle, load, trailer,
or combination thereof, which exceeds the height, width,
length, size or weight of vehicle or load limitations provided
for in Division 15 of the Vehicle Code of the State of
California.
Section 2. That Section 11.40.110 of the National City
Municipal Code is amended to read as follows:
11.40.110 Transportation Permit Required.
No person shall move or cause to be moved over or across any
public right-of-way under the jurisdiction of the City, any
oversized vehicle or load, which exceeds the height, width,
length, size or weight of vehicle or Toad limitations provided
for in Division 15 of the Vehicle Code of the State of
California, without first obtaining -a transportation permit
from •the office of the City Engineer, which will be subject
to the following regulations:
A. A transportation permit may be designated by the
City Engineer- as either a -single-move transportation permit
for• the movement of an oversized vehicle or load over a
designated route, and for• a move on a specified date or dates,
or an annual or repetitive transportation permit issued for
the period specified on the permit. Repetitive load transpor-
tation 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 the self-propelled vehicles.
Repetitive 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 o•f 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, said move shall be subject
to such route restrictions as are designated by the City
Engineer.
B. The City Engineer shall use a standard transporta-
tion permit form established by the Department of Transporta-
tion.
C. The applicant for a transportation permit shall be
a person licensed as a specialty contractor by the state to
engage in the business of moving oversized vehicles or loads.
D. Application for a transportation permit shall be
made to the office of the City Engineer a minimum of twenty-
four hours prior to the time proposed for the move.
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E. The transportation permit application shall include
a sketch showing the approved route for the particular vehicle
or load being moved, and no other route shall be utilized.
F. At the time of making application for a permit
pursuant to this chapter, the applicant shall attach or have
on file with the City a Certificate of Insurance showing
comprehensive, general liability insurance with a minimum of
one million dollars per single occurrence, covering all bodily
injury and property damage arising out of its operation under
this agreement, and vehicle insurance covering all bodily
injury and property liability incurred during the moving
period, with a minimum coverage of one million dollars per
accident; such vehicle insurance shall include non -owned auto.
If any insurance coverage required is provided on a
"claims made" rather than "occurrence" form, such insurance
coverage shall be maintained for three years after expiration
of the term of this permit.
The certificate of insurance shall show the City as an
additional insured under the policy of the insurance in
effect. The certificate of insurance shall further indicate
the City will be entitled to at least ten days' written notice
of cancellation of the policy of insurance.
G. 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
transportation permit, including the defense of any action
arising therefrom, at no cost to the City.
H. The applicant shall submit at the time of the
application or have on file with the City a copy of his policy
of workers' compensation insurance, which shall be in force
during the moving period.
I. The applicant shall submit at the time of applica-
tion, a copy of his City business license and/or valid
business license number.
J. The applicant shall comply at all times with the
California Vehicle Code.
K. All moving operations under a transportation permit
shall be in conformance with all general and special condi-
tions set forth by the City Engineer on said permit.
L. 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 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.
M. 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
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 the power company and
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telephone company. Applicant shall be responsible for
obtaining such clearance.
N. Transportation permits shall be carried on 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. Transportation permits issued
pursuant hereto shall be nontransferable.
0. The City Engineer shall not issue a transportation
permit if any one of the following conditions exists:
1. If the overweight per axle exceeds the limits
provided in Division 15 of the Vehicle Code of the
State of California by fifty percent;
2. If the move is determined by the City Engineer to
be prohibitive from the standpoint of public safety
or contrary to the public interests;
3. If the applicant has repeatedly violated conditions
of previously issued permits, or the applicant has
unsettled claims against him for damages resulting
from past moves;
4. If the applicant has failed to obtain a permit on
the next regularly scheduled working day following
interim approval for an emergency move.
P. Permit fees required subject to the following
regulations:
1. The fee for a transportation permit within/or
through the City shall be $15.00 for a single move
and $70.00 for an annual or repetitive permit. The
fee shall not exceed the fee schedule developed by
the Department of Transportation. Special services
necessitated by unusually large or heavy loads
requiring engineering investigations, escorts, tree
trimming, or other services shall be billed
separately for each permit.
2. Permit fees required in this chapter shall be
collected by the Finance Department in an amount as
designated.
3. Governmental agencies, including the state and any
of its political subdivisions, shall make applica-
tion for permits under the provisions of this
chapter, and shall be issued a no -fee permit in
accordance with the provisions herein. A contractor
working for a governmental agency shall not be
considered to be acting on behalf of that governmen-
tal agency and shall not be exempt from the payment
of fees.
4. An extension of the effective date or an amendment
to a single -move permit may be made without payment
of additional fees if approved by the City Engineer,
provided that the request for such extension or
amendment is received before the expiration of the
permit.
Q. Permittee shall provide "wide load" signs as
necessary to be visible from both the front and rear of all
loads in excess of ten feet in width. Signs shall be at least
three feet by five feet in dimension; shall have a yellow
background with black lettering; shall spell out "WIDE LOAD"
in bold letters; and shall have an amber flasher mounted on
each of the upper corners of the sign.
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R. In case of damage to any street or iheorload
r publi
improvement by reason of the moving of any vehicle
covered by the transportation permit, the City shall cause
restore the public
such work to be done as may be necessary
street improvement to an equal condition s it was thereof prior to tto
such damage, and shall charge the cost
permittee. Such damages as occur may be recovered from the
insurance required under Subsection E.
S. Movement of oversize loads and/or vehicles shaur ll be
prohibited during the hours of
sunrise) darkness (one -hand between the hours
er
sunset to one-half hour before
of seven a.m. and nine a.m., and three p.m. and six p.m.,
unless otherwise approved by the City Engineer.
T. For moves which, because of their emergency nature,
require approval during periods other than the regularly
scheduled working hours of the City Engineer or Chief of
Police, authorized representatives thereof may grant approval
for such moves on the condition that a permit will be acquired
during the next regularly scheduled working day. Failure to
acquire such permits may result in disqualification for
obtaining future permits.
PASSED and ADOPTED this 25th day of September
ATTEST:
1990.
WLif..4.2223
GEORGE H. WA ERS, Mayor
LOR ANNE PEOPLES, City Clerk
APPROVED AS TO FORM:
/r:
3112-
t/--)
GEOR E H. EISER, III, City Attorney
4
he Council
Passed and adopted by t
Se tembr e2591990 ••
llInzunza,.. Pruitt,,, Van„ Deventera ,Watrs
Ayes: Councilmen •Da••••••a •'•,
Councilmen None .......................................................
Nays:..................................................................
Councilmen None ,.........
Absent: ........... •............................................
Abstain: Councilmen .N...........................................
GEORGE H. WATERS
Mayor of the City of National City, California
AUTHENTICATED BY:
of the City of National City, California,
by the following vote, to -wit:
City Cl
rk of the City of National City, California
By: ........................
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
assage, to wit, on .. SeP:Cemb�.r...1.1.,...
1.�90 ...............
and the days of its finalp
and on ....
THAT said ordinance was read in full prior to its
I FURTHER CERTIFY to the
final pyssave or that the reading of said ordinance in full was dispenseded
with by
a vote of not less than a majority of the consideration of each mem-
ber and that there was available fo�ot�h eday of its passage a written
of the Council and the public prior
or printed copy of said ordinance.
I FURTHER CERTIF
Y that the above and foregoing is a full, true and cor-
g 9 $
DINO....1 ....,,,.• 'of the City of National City, passed
rect copy of OR geptember „ 25,,. 1990,.,,........
and adopted by the Council of said City on . •
(Seal)
• • • the City of National City, California
City Clerk of Y
By:....................................Deputy