(a) No person, firm or corporation shall haul, or cause to be hauled any coal in any type of vehicle whatsoever over and across any street or alley within the City which is not a State highway without first obtaining a permit to make, or cause to be made such haul from the office of the Department of Finance of the City.
(b) To obtain such permit, any person, firm or corporation desiring to haul, or cause to be hauled, coal over and across the streets or alleys of the City, which are not State highways, shall complete an application form provided by the Director of Finance, which application form shall show the following information: specific location of haul; name all streets; size and gross weight of loaded vehicles to be used; estimate as to length of time hauling will be done; any other pertinent, specific or general information desired by the Director of Finance.
(c) Upon the filing of such application, accompanied by a fee of twenty-five dollars ($25.00) paid to the Director of Finance, the Director of Finance shall cause a notice of the filing of such application, stating the name of the applicant, all pertinent information concerning the permit sought, and a statement that any interested party may reply or protest within five days thereafter to the Director of Finance, which notice shall be published one time in one newspaper of general circulation in the City. Immediately upon the filing thereof, such application shall at once be forwarded to the office of the City Engineer, who, upon receipt thereof, shall make an examination of the street or streets to be so used; their respective weight limitations; the expected vehicle weights; the condition of the streets; any defects existing therein at such time and the total length of the haul upon the non-State highway streets and make a written report of his findings to the Director of Finance and his opinion as to whether the streets can safely bear the loads to be carried as shown upon the application, and whether such hauling is unreasonably dangerous to persons or property. Upon request, the Superintendent of the Street Department shall assist the City Engineer in making such investigation and report.
(d) If the City Engineer reports that such streets cannot safely bear such loads, or that the hauling over the streets named in the application is unreasonably dangerous to persons or property, then the Director of Finance shall deny the application and retain the fee paid for the cost of such investigation and report.
(e) If the City Engineer reports that such streets can safely bear such loads, then the Director of Finance, in the absence of any protests, shall grant the permit sought and shall mark thereon the amount of royalty such applicant shall pay as hereinafter provided. If any written protests are filed with the City against the issuance of such permit, then the Director of Finance shall not issue any permit but shall refer the application, together with such written protests and the Engineer's report to Council which shall make a final determination of the matter.
(f) A royalty for such hauling shall be paid by such applicants amounting to royalties of from three cents (3¢) per ton of coal hauled, to twenty-five cents (25¢) per ton of coal hauled. The amount of such royalty shall be based upon the length of the haul on City streets, the load weights, the condition of the streets, the weight limitations of the streets and the City Engineer's reported estimate of the amount of damage which may be done by such haul.
(g) If a permit is granted, before beginning operations thereunder, the applicant shall deposit with the Director of Finance the sum of one thousand dollars ($1,000) as an advance royalty, credit for which shall be given in calculating the total royalties to be paid by such applicant, but which credit will be allowed only upon the last month's royalty payment, with appropriate refunds to be made in case of over payment.
(h) Royalties shall be paid for all coal hauled under such permit during any month on or before the 25th day of the following month. Royalty payments shall be accompanied by copies of the report of truck weights to assist the Director of Finance in checking the accuracy of the royalty payment.
(i) One permit may suffice for continued hauling of any length of time, so long as all payments are made as herein provided and all other laws, ordinances and regulations of the State and the City are followed and obeyed.
(j) In the event that an applicant objects to the denial of a permit as herein provided, or to the royalty determined in advance by the Director of Finance, such applicant may appeal bo Council which shall proceed to make a determination of the matters presented
to it.
(k) Both the applicant and any protestants shall have the right of judicial review of any decision of Council made hereunder. However, during such appellate procedure, no permit shall be issued pending a final determination and order by the court of competent jurisdiction to which the decision of Council is appealed.
(1969 Code §23-21.1;1-5-76.)