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440.01  LOAD LIMITS.
   (a)   State Regulations.
      (1)   A.   The Municipality, with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows:
            1.   At a size or weight of vehicle or load exceeding the maximum specified in R.C. §§ 5577.01 to 5577.09, or otherwise not in conformity with R.C. §§ 4513.01 to 4513.37.
            2.   Upon any highway under the jurisdiction of the Municipality except those highways with a condition insufficient to bear the weight of the vehicle or combination of vehicles as stated in the application.
            3.   For regional trips at distances of 150 miles or less from a facility stated on the application as the applicant’s point of origin.
            4.   Issuance of a special regional heavy hauling permit is subject to the payment of a fee established by the Municipality in accordance with this section.
         B.   In circumstances where a person is not eligible to receive a permit under division (a)(1)A. of this section, the Municipality, with respect to highways under its jurisdiction, upon application in writing and for good cause shown, may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in Ohio R.C. 5577.01 through 5577.09, or otherwise not in conformity with Ohio R.C. 4513.01 through 4513.37, upon any highway under its jurisdiction.
      (2)   Notwithstanding Ohio R.C. 715.22 and 723.01, the holder of a permit issued by the Director of Transportation under Ohio R.C. 4513.34 may move the vehicle or combination of vehicles described in the permit on any highway that is a part of the State highway system when the movement is partly within and partly without the corporate limits of the Municipality.  No local authority shall require any other permit or license or charge any license fee or other charge against the holder of a permit for the movement of a vehicle or combination of vehicles on any highway which is a part of the State highway system.  The Ohio Director of Transportation shall not require the holder of a permit issued by the Municipality to obtain a special permit for the movement of vehicles or combination of vehicles on highways within the jurisdiction of the Municipality.  Permits may be issued for any period of time not to exceed one year, as the local authority in its discretion determines advisable or for the duration of any public construction project.
      (3)   A.   The application for a permit issued under this section shall be in the form that the Municipality prescribes. The Municipality may prescribe a permit fee to be imposed and collected when any permit described in this section is issued.  The permit fee may be in an amount sufficient to reimburse the Municipality for the administrative costs incurred in issuing the permit, and also to cover the cost of normal and expected damage caused to the roadway or a street or highway structure as the result of the operation of the nonconforming vehicle or combination of vehicles. 
         B.   For the purposes of this section and of rules adopted by the Director under Ohio R.C. 4513.34, milk transported in bulk by vehicle is deemed a nondivisible load.
         C.   For purposes of this section and of rules adopted by the Director under R.C. § 4513.34, three or fewer aluminum coils, transported by a vehicle, are deemed a nondivisible load. The Director shall adopt rules establishing requirements for an aluminum coil permit that are substantially similar to the requirements for a steel coil permit under O.A.C. Chapter 5501:2-1.
      (4)   The Municipality shall issue a special regional heavy hauling permit under division (a)(1)A. of this section upon application and payment of the applicable fee. However, the Municipality may issue or withhold a permit specified in division (a)(1)B. of this section. If a permit is to be issued, the Municipality may limit or prescribe conditions of operation for the vehicle and may require the posting of a bond or other security conditioned upon the sufficiency of the permit fee to compensate for damage caused to the roadway or a street or highway structure.  In addition, the Municipality, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the Municipality to compensate for or to repair excess damage caused to the roadway by travel under the permit.
      (5)   Every permit issued under this section shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit.  No person shall violate any of the terms of a permit.
      (6)   The Director of Transportation may debar an applicant from applying for a special permit under this section upon a finding based on a reasonable belief that the applicant has done any of the actions specified in R.C. § 4513.34(F).
      (7)   Notice and procedures for debarment shall be as provided in R.C. § 4513.34(G).
      (8)   A.   No person shall violate the terms of a permit issued under this section that relate to gross load limits.
         B.   No person shall violate the terms of a permit issued under this section that relate to axle load by more than 2,000 pounds per axle or group of axles.
         C.   No person shall violate the terms of a permit issued under this section that relate to an approved route except upon order of a law enforcement officer or authorized agent of the issuing authority.
      (9)   A permit issued by the Municipality under this section for the operation of a vehicle or combination of vehicles is valid for the purposes of the vehicle operation in accordance with the conditions and limitations specified on the permit. Such a permit is voidable by law enforcement only for operation of a vehicle or combination of vehicles in violation of the weight, dimension, or route provisions of the permit. However, a permit is not voidable for operation in violation of a route provision of a permit if the operation is upon the order of a law enforcement officer.
(ORC 4513.34; Adopting Ordinance)
   (b)   Heavy-Duty Streets.  No truck, trailer or semitrailer of any weight in excess of 20,000 pounds gross weight shall be moved on, along or over any street, road or thoroughfare within the Municipality other than Lake Road (Routes 2 and 6) and Avon Belden Center Road (Route 83), Walker Road, Miller Road (south of Walker Road) and Moore Road (south of Walker Road).
   (c)   Other Local Streets.
      (1)   No person shall drive or operate a truck weighing five tons or more, including its load, upon any of the streets in the Municipality, with the exception only of those areas designated in subsection (b) hereof, unless the journey of such truck originates or terminates upon such a Municipal street for the purpose of picking up or making a delivery of a shipment or partial load.
      (2)   If the driver or operator of such a truck finds it necessary to drive or operate the truck on a Municipal street because of one of the exceptions enumerated in paragraph (c)(1) hereof, he or she shall use the shortest possible route to enter from and leave, from the closest available street designated in subsection (b) hereof.
(Ord. 182-99.  Passed 10-4-99.)
      (3)   In order to notify truck drivers of the existence of this section, the Public Works Department shall post signs in proper places warning drivers of trucks as to the provisions of this section, but if, for any reason, there are no such signs posted or if such signs are posted and the same are removed, broken or destroyed, the absence of such signs shall not relieve any truck driver of the responsibility of complying with this section and shall not prevent the driver of such truck, if he or she does not comply with this section, from being found guilty of violating the same.
(Ord. 36-69.  Passed 4-14-69; Ord. 114-2014. Passed 9-8-14.)
   (d)   Permits.
      (1)   The Police Department may, upon application in writing and for good cause shown, issue special permits authorizing the applicant to operate or move a vehicle, or combination of vehicles or other heavy equipment, exceeding the weight limits specified in subsections (b) and (c) hereof.
      (2)   Such permits may be issued for a single or round trip, or in special instances, for a certain period of time.
(Ord. 1233.  Passed 11-24-58.)
      (3)   The fees for such permits shall be as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
(Adopting Ordinance)
      (4)   The Department, with the advice and approval of the Municipal Engineer, may specify in such permits the conditions, times and routes under which the permittee is allowed to operate or move the vehicles or equipment.
      (5)   The Department may require a prior deposit of money or surety bond with the Municipality to ensure payment of all expenses incident to the supervision and safeguarding of the movement of vehicles or equipment, and to ensure the payment of all damages resulting to public or private property by reason of the moving of vehicles and equipment.
      (6)   The Department may call upon the Municipal Engineer to determine the extent of possible damages and to determine the amount of deposit or bond to ensure payment of such possible damages.
(Ord. 1233.  Passed 11-24-58.)
   (e)   Penalty.  Whoever violates this section shall be fined eighty dollars ($80.00) for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined one hundred dollars ($100.00), and, in addition thereto, one dollar ($1.00) per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined one hundred thirty dollars ($130.00) and, in addition thereto, two dollars ($2.00) per 100 pounds of overload, or imprisoned not more than thirty days, or both; for all overloads in excess of 10,000 pounds, such person shall be fined one hundred sixty dollars ($160.00), and, in addition thereto, three dollars ($3.00) per 100 pounds of overload, or imprisoned not more than thirty days, or both.  Whoever violates the weight provisions of vehicle and load relating to gross limits shall be fined not less than one hundred dollars ($100.00).  No penalty prescribed in this subsection shall be imposed in any vehicle combination if the overload on any axle does not exceed 1,000 pounds, and if the immediately preceding or following axle, except the front axle of the vehicle combination, is under loaded by the same or a greater amount.  For purposes of this subsection, two axles on one vehicle less than eight feet apart shall be considered as one axle.
(Ord. 120-92.  Passed 7-27-92.)