440.01   LOAD LIMITS; TRUCK ROUTES.
   (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 Ohio R.C. 5577.01 to 5577.09, or otherwise not in conformity with Ohio R.C. 4513.01 to 4513.37.
            2.   Upon any highway under the jurisdiction of 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.   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.
      (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 special 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 Ohio R.C. 4513.34(F).
      (7)   Notice and procedures for debarment shall be as provided in Ohio 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.
      (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)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
   (c)   Local Streets.  No person shall operate a vehicle exceeding a size as specified in Section 440.02 or exceeding a gross weight of three tons, upon any street in the Municipality other than State routes, except those local streets designated as a truck route and marked as such by appropriate traffic signs, and except when such operation is necessary to load or unload property, to go to or from the usual place of storage of such vehicle or to perform any other legitimate business or act other than passage through the Municipality. Operators of vehicles so deviating from either a State route or a designated truck route within the Municipality shall confine such deviation to that required in order to accomplish the purpose of the departure.
   (d)   Local Permit and Conditions. Upon application and for good cause, the Manager may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets and highways.
      (1)   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 division (a) of this section.
      (2)   The Manager may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Manager in his or her discretion deems advisable, or for the duration of any construction project. The Manager 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 Manager may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
      (3)   For each such permit, the Manager shall charge ten dollars ($10.00), and for each hour of time or any part thereof spent by the Police Division in supervising the movement of such vehicle, the applicant shall pay the sum of twenty dollars ($20.00).
      (4)   Except as provided in divisions (a) and (b) of this section, streets and highways shall be posted with signs indicating “no thru trucks - gross weight 3 tons” or words of similar import to inform drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.
      (5)   Violation of any of the limitations, terms or conditions of the permit granted by the Manager 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 penalties prescribed by Sections 408.01 and 408.02.
(Adopting Ordinance)
   (e)   Truck Routes.
      (1)   Definitions.  For purposes of this section, the following terms, phrases and words, and their derivations, shall have the means given herein:
         A.   “Deviating truck” means a truck that leaves and departs from a truck route while traveling inside the City.
         B.   “Truck” means any vehicle designed or operated primarily for the transportation of property and whose body weight or combined body and load weight exceeds three tons.
         C.   “Truck route” means a way over certain streets, as designated in this division (d), over and along which trucks coming into and going out of the City must operate.
      (2)   Application of section.  All trucks within the City shall be operated only over and along the truck routes herein established and on the other designated streets over which truck travel is permitted, except that this section shall not prohibit:
         A.   Operation on street of destination.  The operation of truck upon any street of origin or where necessary to conduct business at a destination point, provided that truck routes are used to or from the nearest intersection to the point of origin or destination.
         B.   Emergency and public safety vehicles.  The operation of emergency or public safety vehicles upon any street in the City.
         C.   Public utilities.  The operation of trucks owned or operated by the City, public utilities, any contractor or a material man, while engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the City.
         D.   Detoured trucks.  The operation of trucks upon any officially established street for which such detour is established.
      (3)   Truck routes established.
         A.   There are hereby established within the City the following truck routes: Far Hills Avenue; Main Street; Lebanon Pike (State Route 48); Bigger Road, Clyo Road; Wilmington Pike; Rahn Road; Whipp Road; Alexandersville-Bellbrook Road; Loop Road; Franklin Street; and Spring Valley Road.
         B.   Truck traffic in the City shall comply with the following:
            1.   Outside origin; outside destination.  All trucks entering the City from points outside the City and proceeding directly to a destination point outside the City shall operate only over the designated truck routes.
            2.   Outside origin; inside destination.
               a.   One inside destination point.  All trucks entering the City for a destination point in the City shall proceed only over any established truck route and shall deviate only at the intersection nearest the destination point.  Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route.
               b.   Multiple inside destination points.  All trucks entering the City for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection nearest to the first destination point.  Upon leaving the first destination point, a deviating truck shall proceed to other destination points by the shortest and most direct course.  Upon leaving the last destination point, a deviating truck shall return to a truck route by the shortest permissible route.
            3.   Inside origin.
               a.   Outside destination point.  All trucks on a trip originating in the City and traveling in the City for a destination point outside the City shall proceed by the shortest and most direct course over streets to a truck route as herein established.
               b.   Inside destination point.  All trucks on a trip originating in the City and traveling in the City for a destination point in the City, shall proceed only by the shortest and most direct course.
      (4)   Signs.  The Manager shall cause all truck routes to be clearly sign posted to give notice that this section is in effect.
      (5)   Compliance required.  No person shall drive a truck over any public street within the City except upon those streets herein designated as truck routes and except upon streets providing the shortest and most direct course between truck routes and origin or destination points as herein provided.
(Ord. 74-75.  Passed 10-6-75.)