(a) No person shall operate a vehicle exceeding a size as specified in Section 339.03 or exceeding a gross weight of five tons, upon any street in the Municipality other than a State road, and except when such operation is necessary to load or unload domestic or agricultural property or deliveries to or from business establishments.
(b) Upon application and for good cause, the Police Chief may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets.
(c) No permittee shall be required to obtain a special permit from the Ohio Director of Transportation for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the Ohio Director of Transportation shall be required for movement upon State routes as provided in Section 339.01.
(d) The Police Chief may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Police Chief in his discretion deems advisable, or for the duration of any construction project. The Police Chief may limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed or such other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The Police Chief shall require the posting of the minimum fifty thousand dollars ($50,000) performance bond or surety to provide security necessary to compensate for any damage to a roadway or road structure. The fifty thousand dollars ($50,000) amount is a minimum amount, and the Chief may, under special circumstances when the risk of damage appears to be high, increase the amount of bond required, but in no event shall any local permit be granted without the posting of a fifty thousand dollar ($50,000) bond. In addition to the requirement for the posting of a bond or surety, the Police Chief may require the applicant to enter into a Road Maintenance, Repair and Replacement Agreement with the Village of Boston Heights as a condition of the grant of the permit.
(e) For each such permit the Police Chief shall charge a two hundred fifty dollar ($250.00) permit fee and for each hour of time or any part thereof spent by each police officer in supervising the movement of such vehicle, the applicant shall pay the sum of twenty-five dollars ($25.00).
(f) Signs shall be posted indicating "no thru trucks - gross weight 5 tons" or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.
(g) Violations of any of the limitations, terms or conditions of the permit granted by the Police Chief shall be cause for immediate revocation or suspension of such permit, and denial of request for any future permit. Such violation shall also subject the violator to the penalty prescribed by Section 303.99.
(Ord. 36-83. Passed 6-8-83; Ord. 19-2001. Passed 12-12-01; Ord. 7-2007. Passed 3-14-07.)
(h) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.