(a) (1) No person shall 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 to 5577.09, inclusive, or otherwise not in conformity with Ohio R.C. 4513.01 to 4513.37, inclusive, upon any State route within the Municipality, except pursuant to special written permit issued by the Ohio Director of Transportation. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer.
A. No holder of a permit issued by the Ohio Director of Transportation shall be required to obtain any local permit or license or pay any local fee or charge for movement on any State route within the Municipality; however, it shall be unlawful to operate any such vehicle or combination of vehicles upon any roadway within the Municipality which is not a State route, except as provided elsewhere in this Section and Section 339.02.
(2) The City of Bellevue 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:
A. At a size or weight of vehicle or load exceeding the maximum specified in Chapter 339 or sections 5577.01 to 5577.09 of the Revised Code, or otherwise not in conformity with sections 4513.01 to 4513.37 of the Revised Code;
B. Upon any highway under the jurisdiction of the City except those highways with a condition insufficient to bear the weight of the vehicle or combination of vehicles as stated in the application;
C. For regional trips at distances of one hundred fifty miles or less from a facility stated on the application as the applicant's point ·of origin.
D. Issuance of a special regional heavy hauling permit is subject to the payment of a fee established by the City in accordance with this section.
(3) In circumstances where a person is not eligible to receive a permit under subsection (a)(1) of this section, the City with respect to highways under their jurisdiction, upon application in writing and for good cause shown, may issue a special regional heavy hauling 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 sections 5577.01 to 5577.09 of the Ohio Revised Code, or otherwise not in conformity with sections 4513.01 to 4513.37 of the Ohio Revised Code, upon any highway under the jurisdiction of the authority granting the permit.
(b) Notwithstanding sections 715.22 and 723.01 of the Ohio Revised Code, the holder of a permit issued by the director under this section 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 a municipal corporation. 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 that is a part of the state highway system. The director shall not require the holder of a permit issued by a local authority to obtain a special permit for the movement of vehicles or combination of vehicles on highways within the jurisdiction of the local authority. Permits may be issued for any period of time not to exceed one year, as the director in the director's discretion or the City in its discretion determines advisable, or for the duration of any public construction project.
(c) (1) The application for a permit issued under this section shall be in the form that the City prescribes. The City 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 City for the administrative costs incurred in issuing the permit, and also to cover the cost of the 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. The fee to operate a triple trailer unit, at locations authorized under federal law, shall be one hundred dollars ($100.00).
(2) For the purposes of this section, milk transported in bulk by vehicle is deemed a non-divisible load.
(3) For purposes of this, three or fewer aluminum coils, transported by a vehicle, are deemed a non-divisible load.
(d) The City shall issue a special regional heavy hauling permit under subsection (a)(1) of this section upon application and payment of the applicable fee. However, the City may issue or withhold a special permit specified in subsection (a)(2) of this section. If a permit is to be issued, the City 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 City, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the City to compensate for or to repair excess damage caused to the roadway by travel under the permit.
(e) 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.
(f) The City may debar an applicant from applying for a permit for any of the reasons that an applicant may be debarred from applying for an ODOT permit as specified in Section 4513.34(F) of the Ohio Revised Code.
(g) When the City believes that grounds for debarment exist, the City shall send the person that is subject to debarment a notice of the proposed debarment. A notice of proposed debarment shall indicate the grounds for the debarment of the person and the procedure for requesting a hearing. The notice and hearing shall be in accordance with Chapter 119 of the Revised Code. If the person does not respond with a request for a hearing in the manner specified in that chapter, the City shall issue the debarment decision without a hearing and shall notify the person of the decision by certified mail, return receipt requested. The debarment period may be of any length determined by the City, and the City may modify or rescind the debarment at any
time. During the period of debarment, the City shall not issue, or consider issuing, a permit under this section to any partnership, association, or corporation that is affiliated with a debarred person/company. After the debarment period expires, the person/company, and any partnership, association, or corporation affiliated with the person/company, may reapply for a permit.
(h) (1) No person shall violate the terms of a permit issued under this section that relate to gross load limits.
(2) No person shall violate the terms of a permit issued under this section that relate to axle load by more than two thousand pounds per axle or group of axles.
(3) 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.
(i) Whoever violates subsection (h) of this section shall be punished as provided in section 4513.99 of the Ohio Revised Code.
(j) A permit issued by the department of transportation under section 4513.34 of the Revised Code or by the City 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.
(Ord. 15-18. Passed 10-9-18.)