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A. Definitions: The definitions set forth in Idaho Code title 49, chapter 1 are hereby adopted by reference and incorporated herein. In addition, the following words and terms shall have the definitions set out in this subsection:
GROSS VEHICLE WEIGHT (GVW): The weight of the vehicle, including any trailer or combination of vehicles attached thereto, without load, plus the weight of the load.
RESIDENTIAL STREET: Any street within the General Residential Zoning District or the Transitional Zoning District within the City.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or street, except devices used exclusively upon stationary rails or tracks. (Ord. 2004-08, 6-29-2004; amd. 2018 Code) DEFEND!
B. Load Limits Established; Exemptions: It shall be unlawful for any person to operate or be in control of any vehicle (including any trailer pulled by such vehicle) with a gross vehicle weight ("GVW") of twenty thousand (20,000) pounds or more to operate such vehicle on a residential street within the City, provided such street is posted to prohibit the driving of such vehicles upon such street. The Bellevue Marshal shall have the authority to post signs on any residential street within the City prohibiting vehicles with a GVW of twenty thousand (20,000) pounds or more from being operated on said street when there is a reasonable likelihood of damage to said street being caused by vehicles with a GVW in excess of that posted. The provisions of this subsection shall not apply to: (Ord. 2006-03, 11-21-2005; amd. 2018 Code)
1. Emergency vehicles, such as fire trucks and ambulances;
2. School buses;
3. Utility service vehicles, such as snowplows, City street construction or maintenance equipment;
4. Essential public services, such as garbage trucks; and
5. Vehicles delivering personal property and construction materials to real property in a neighborhood adjacent to a residential street. (Ord. 2006-03, 11-21-2005)
C. Special Permits For Overweight Vehicles:
1. Upon application in writing to the Common Council of the City, the Common Council may, in its discretion, issue a special permit to the owner or operator of any vehicle allowing the vehicle or loads having a greater weight than permitted by subsection B of this section to be moved or carried over and on the streets and bridges of the City. Such special permits shall be in writing and may limit the time of use, operation to a particular street and/or bridge which may be traversed and/or may contain any special conditions and may require an undertaking or other security as the Common Council shall deem necessary to protect the streets and bridges from injury or to provide indemnity for any injury to the streets and/or bridges or to persons or property resulting from such operation. The owner or operator of an overweight vehicle shall obtain such special permit before moving the vehicle on the streets of the City. All special permits shall be carried in the vehicles to which they refer and shall, upon demand, be delivered for inspection to any peace officer, authorized agent of the City or any officer or employee of the City or the State of Idaho charged with the care or protection of the streets or highways. (Ord. 2004-08, 6-29-2004)
2. The Common Council may designate the City Marshal or another City official to issue such special permits. Any decision of such designee shall be appealable to the Common Council in writing within ten (10) days of the date of such decision. The appeal shall be submitted to the City Clerk setting forth in detail the specific grounds of the appeal. If no appeal is filed within such ten (10) day period, the decision shall be final. (Ord. 2004-08, 6-29-2004; amd. 2018 Code)
3. The special permit shall be valid from the date of issue to December 31 of the year of issuance; or for a period from January 1 to December 31 of the year of issuance. (Ord. 2004-08, 6-29-2004)
D. Penalty: Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and subject to the penalty provisions of section 1-4-1 of this Code. (Ord. 2004-08, 6-29-2004; amd. 2018 Code)