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Home My WebLink About6.1 Ovrszd/OvrwghtVehOrd CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: October 9, 1989 SUBJECT: Public Hearing: Ordinance Relating to Oversize/Overweight Vehicles Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: Draft Ordinance RECOMMENDATION: ~~) \ 2) 3) 4) 5) Open public hearing Receive Staff presentation and public Question Staff and the public Close public hearing and deliberate Waive reading and introduce ordinance oversize/overweight vehicles testimony relating to FINANCIAL STATEMENT: No cost associated with adopting ordinance. Fees are collected in accordance with the adopted fee schedule. DESCRIPTION: Regulations pertaining to oversize/overweight vehicles have been included in the Alameda County Encroachment Ordinance, which was adopted by reference when the City incorporated. Staff is proposing to separate provisions relating to oversize/overweight vehicles from the encroachment ordinance, which is also on the 'agenda for this City Council meeting. The purpose of this ordinance is to regulate the passage on City streets of vehicles which are of sufficient weight to damage the street or of sufficient dimension to obstruct traffic or potentially damage facilities such as light standards, signs, or utilities. Operators of such vehicles are required to obtain a permit, and as a condition of that permit, to notify the City offices (Public Works or Police) when the vehicle will be traveling on the City streets and the proposed route to be taken. In this way, Staff is able to advise the carrier of proper routing and track the vehicle in the event some type of damage occurs. The operator is also required to submit a certificate of liability insurance which names the City as additional insured. The ordinance requires the permittee to restore any facilities that are damaged. ->"--_.~ These requirements do not differ from the County Code which is presently in effect. Staff recommends that the City Council conductjÍ public hearing, waive the reading, and introduce the ordinance relating to oversize/overweight vehicles. ~\.".í :' t ~ÆI -I :: t,;'A/Î~ II - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - - -- -------- ITEM NO. 0, I COPIES TO: ORDINANCE NO. -89 bA> ."4~)+ AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO OVERSIZE/OVERWEIGHT VEHICLES ON CITY STREETS The City Council of the City of Dublin does ordain as follows: ARTICLE 1: GENERAL PROVISIONS Section 1. DEFINITIONS. Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this Chapter. (a) CITY ENGINEER means the Dublin City Engineer or his designee. (b) OVERSIZE/OVERWEIGHT VEHICLES includes vehicles going upon, or using any street in such a manner as to prevent, obstruct, damage, or interfere with its normal use, including, but not limited to, the performance thereon of any of the following acts: (1) Traveling on the street by any vehicle or combination of vehicles or any object of dimension, weight, or other characteristic prohibited by law, or having other characteristics capable of damaging the street, without a permi t; (2) Moving any building in, into, through, or from the City of Dublin on, over, or through any street; (c) PERMITTEE. "Permittee" means any person that proposes to traverse upon a street as herein defined and has been issued a permit for said oversize/overweight vehicle by the City Engineer. (d) PERSON. "Person" shall mean any individual, firm, partnership, association, or corporation, including any public agency or utility, or any agent or representative thereof and includes successors in interest. (e) STREET. "Street" shall mean the full width of the right of way of any street, as defined in the California Vehicle Code, used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. "Street" also includes easements where the City is the grantee of the easement and property owned by the City of Dublin. -1- Section 2. EXEMPTIONS. This Chapter shall not apply to any officer or employee of the City acting in the discharge of his official duties. Section 3. EXCEPTION IN CASE OF EMERGENCY. This Chapter shall not prevent any person from traveling on a City street with an oversize or overweight vehicle for the preservation of life or property when an urgent necessity therefor arises, provided that said person shall notify the City Engineer by telephone the day such work is performed or the day the offices of the City are again opened. Said person shall then apply on the proper form within five (5) working days confirming the work performed. Section 4. RIGHT OF LAWFUL USE. Any permit granted under this Chapter shall be subject to the right of the City or any other person entitled thereto, to use that part of the street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public. Section 5. LIABILITY FOR DAMAGES; PUBLIC LIABILITY INSURANCE. (a) Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the City, its officers, or employees, permittee shall defend, indemnify, and hold them and each of them, harmless from such claim including any claim based on the active or or passive negligence of the City, its officers or employees, insofar as permitted by law. (b) Permittee shall be required to show evidence of public liability insurance in an amount prescribed by the City Engineer and to provide an insurance certificate which names the City, its officials, officers, directors, employees, and agents as additional insureds, to protect the City and said persons from claims which may arise from permittee's operations under the permit. Section 6. COMPLETION OF WORK AND/OR RESTORATION OF STREET BY CITY. If the work or use authorized by a permit is unsafe, in violation of this Chapter, or is unduly delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the City plus overhead shall be charged to and paid for by the permittee. -2- ARTICLE 2. PERMIT REQUIREMENTS ^ d :J~ .,. -.~ /~ '-':;,¡) "",,,,,-,-; "lj·;;·') ~':':".J ./~ ~ "... .;"> tI.!jv Ii~ .(¡ Section 7. PERMIT REQUIRED. No person shall move over or cause to be moved over the surface of any street or over any bridge or other structure maintained by the City any oversize/overweight vehicle without having first obtained a permit as required in this Chapter. Section 8. APPLICATION FOR PERMIT. The City Engineer shall provide an application form which shall contain such information as in the judgment of the City Engineer is necessary, including information to establish the exact locations, nature, dimensions, duration, and purpose of the proposed travel route of the oversize/overweight vehicle. The application shall be filed with the City Engineer. Section 9. PERMIT APPLICATION EXHIBITS. The application shall be accompanied by maps, sketches, or similar exhibits to the size and in the quantity as the City Engineer shall prescribe on which shall be plainly shown any and all information necessary. Section 10. CONSENT OF PUBLIC AGENCIES. The application shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body. In a case in which the oversized/overweight vehicle enters the City from a State Highway or Freeway, the applicant shall submit a copy of the approved CALTRANS permit. Section 11. ACTION ON APPLICATION. Applications may be approved, conditionally approved, or denied. The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the requirements of this Chapter have been met and the required fees and charges have been paid, he shall issue a permit for the oversize/overweight vehicle, attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the City. If the City Engineer finds the requirements of this Chapter have not been met, he shall deny the permit, giving the reasons therefor in writing. Section 12. FEES AND CHARGES. Fees for issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the City Engineer. Permit fees and charges may be waived in connection with any work being performed by any person or persons, firm or corporation under contract with the City; or when permission to travel on the street with an oversize/overweight vehicle has been expressly granted by the City Council. A public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be required to pay all other charges. A public agency or utility may at the option of the City Engineer arrange to be billed for the required fees and charges. Section 13. CASH OR BOND DEPOSIT. Prior to issuance of a permit, unless waived by the City Engineer, the permittee shall deposit with the City cash, a certified or cashier's check, or an approved surety bond in a sum to be fixed by the City Engineer as sufficient to reimburse the City for the -3- 4~O- d ?) ~, :_~. ,,¥,:," . '--,;.~y..I/) .,. ~ ,/'/J' ...... <C$"..~:~.; ,,~l'·,"> Jt.... " :/ ':) c:Ft II estimated costs of doing any work necessary to enable an oversized/overweight ~ vehicle or a building to be moved or to restore the street or any private property damaged by the move or altered to allow the load or building to be moved. If the permittee anticipates applying for a number of permits throughout the year or applies for an annual permit, he may file a cash deposit or approved surety bond in a sum estimated by the City Engineer as sufficient to cover the permittee's activities during any twelve (12) month period. Section 14. ADDITIONAL BOND OR CASH DEPOSIT. The City Engineer may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient. Section 15. CONDITION OF BOND AND CASH DEPOSIT. The condition of any bond or cash deposit made pursuant to this Article shall be that the permittee will diligently and with good faith comply with this Chapter and the terms and conditions of the permit. Section 16. BOND PAYABLE TO CITY; TERM OF BOND. Any bond or cash deposit required by the City Engineer pursuant to this Chapter shall be payable to the City of Dublin. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit will be released. Section 17. EXCLUSIONS. Cash deposits or bonds will not be required of any public utility holding a franchise with the City or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any street. Section 18. TERM OF PERMIT. The permittee shall complete the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed with ninety (90) days, or within the time stated in the permit, then the permit shall become void. An extension of time for good cause may be granted by the City Engineer when requested in writing. Section 19. DISPLAY OF PERMIT. The permittee shall keep any permit in the cab of a vehicle when movement thereof on a street is involved, and the permit must be shown to any authorized representative of the City engineer or law enforcement officer on demand. Section 20. CHANGES IN PERMIT. No changes may be made in the route, dimension, character, or duration of the use as granted by the permit except upon written authorization of the City Engineer. Section 21. NON-TRANSFERABLE. No permit issued pursuant to this ordinance shall be transferable or assignable to any other person. Section 22. ISSUANCE OF OTHER PERMITS NOT COMPLIANCE WITH THIS CHAPTER. Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other permit which may be required by law at the -4- J~.., ~ .i;.i') . J.;:'\~~ ..-) ~ ~~:.-..: i - ~?~:, ¢ I.i,j''''' {;" same location and in connection with the same activity for which a permit ~' would be issued hereunder shall not constitute authorization to move any oversized/overweight vehicle on any street. ARTICLE 3. PERFORMANCE OF WORK Section 23. COMPLIANCE WITH APPLICABLE SAFETY LAWS. The permittee shall comply with all applicable federal, state, and local laws and regulations, including Department of Industrial Relations of the State of California (CAL-OSHA) rules and regulations. Section 24. INSPECTIONS. The permittee shall allow the City Engineer or any law enforcement officer to inspect the oversize/overweight vehicle(s) pursuant to the permit at reasonable times. Section 25. NOTIFICATION: COMMENCEMENT OF WORK. The permittee shall notify the City Engineer at least twenty-four (24) hours in advance of the vehicle's entering the City. If appropriate, the permittee shall give such advance notice as may be required by the City Engineer to the Police Department and/or Fire Department of the route, time, and nature of the proposed load. Section 26. RESTORATION OF STREET. Upon completion of the work, acts, or things for which the permit was issued, or when required by the City Engineer, the permittee shall replace, repair, or restore the street at the place of work to the same condition existing prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed upon the street under the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usable condition. Section 27. NOTIFICATION: COMPLETION OF WORK. Upon completion of all work authorized in the permit, the permittee shall notify the City Engineer in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Engineer unless such final inspection is waived by the City Engineer in writing. ARTICLE 4. MOVING OVERSIZE/OVERWEIGHT VEHICLES Section 28. FINDINGS REQUIRED. No permit shall be issued for any oversize/overweight vehicle as defined in Section l(b) (1) and (2) unless the City Engineer finds that: (a) Any building as defined in Section 1(b)(2), except a building being moved out of the City, meets the City building code requirements in effect at the time the building was constructed except as otherwise required by the City Engineer; and (b) All applicable federal and state regulations have been complied with. -5- Section 29. OBSTRUCTING STREETS. No building or oversize/ overweight vehicle being moved on, over, or through any street shall be allowed to remain in anyone location on such street for a longer period than necessary to move the building or oversize/overweight vehicle along its route except with the written consent of the City Engineer. ,,'" 1" "(>.,, ~:,...",. .' ';) ("";"'--'./ ..~."""') ';""'\'<;/ ;('>:;", "Q "'.,/:¡' .;,,' Section 30. COMPLIANCE WITH GENERAL LAWS. The permittee shall comply with the general laws regulating travel over a street, including posted signs or notices which limit speed or direction of travel, or the weight, width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a street. Section 31. WIRE AND STRUCTURAL SUPPORTS. In the event that the moving of any building or oversize/overweight vehicle for which a permit shall have been granted hereunder makes it necessary to move, remove, or displace any pole or other structure supporting the wires, cables, or other equipment of any public utility in the City, or to cut, displace or change the location of any wire, cable, or other equipment upon said poles or structure, the permittee shall notify the owner or owners of such pole or structure and/or the wires, cables, or other equipment thereon, at least five (5) working days prior to the time that the moving of such building or oversize/overweight vehicle will necessitate the removal of such obstructions. (a) The permittee shall not at the expiration of said time of notice, or at any time, cut, move, or in any way disturb such public utility or city property; and, unless otherwise required or authorized by the City Engineer, such work shall be done only by the authorized workmen of the public utility interested or, if City property, by City employees. (b) The permittee shall pay to said public utility, or to the City, as the case may be, any and all costs or expenses for the removal, rearrangement and/or displacement of any pole or other structure or equipment thereon or of any damage to such property. Section 32. TREES, PLANTS AND SHRUBS. In the event that the moving of any building or oversize/overweight vehicle for which a permit shall have been granted hereunder makes it necessary to trim, move, remove, or replant any tree, plant, or shrub belonging to or under the control of the City, the permittee shall notify the City Engineer at least five (5) working days prior to the time that the moving of such building or oversize/ overweight vehicle, or object will necessitate the removal of such obstructions. (a) The permittee shall not at the expiration of said time of notice or at any time, move, remove, replant or otherwise disturb such trees, plants or shrubs; and such work shall be done only by City employees unless otherwise approved and so ordered by the City Engineer. -6- /" f !~, c............-' ~ 1 <, ""., . (b) The permittee shall pay to the City any and all costs or expenses for the trimming, moving, removing, or replacing of trees, plants, or shrubs or of any damage thereto. "...,., ~., .:.. ·v' .... .. ARTICLE 7. MISCELLANEOUS Section 33. REVOCATION. Any permit issued hereunder may be revoked by the City Engineer for violation of the provisions of this Chapter or if the permitted activity poses an imminent threat to the public health, safety, or welfare. Section 34. APPEAL. An applicant or permittee may appeal the decision of the City Engineer concerning the denial or revocation of a permit to the City Manager pursuant to the provisions of Section 7 of Ordinance No. 21-86. The City Manager may deny the appeal or grant the appeal with terms and conditions necessary to protect the public health and safety. Section 35. ENFORCEMENT. The City Engineer is designated as the enforcement authority for purposes of enforcing the provisions of this Chapter. Section 36. NUISANCE SUMMARY ABATEMENT. Violation of the provisions of this ordinance are hereby declared to constitute a nuisance. The City Engineer may summarily abate any such nuisance in accordance with California Government Code Section 38773. Section 37. SUPERCESSION. This Ordinance shall supersede the prov1s10ns of Alameda County Code Title 5, Chapter 1, as adopted by Dublin Ordinance No. 82-13. Section 38. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this th day of , 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -7-