(A) (1) The City Administrative Officer of the city, upon application in writing and the nonrefundable payment of a $100 application fee by the owner or person having charge thereof, may grant permission for the moving of vehicles, objects and structures in excess of the limits as set forth in §§ 71.096 and 71.097. The permission shall be in writing, and the City Administrative Officer may grant the same, subject to such conditions and restrictions as in his or her judgment are necessary for the preservation and protection of the highways, avenues, streets, alleys, bridges and culverts, including the posting of an appropriate bond with surety.
(2) However, whenever it appear upon the permit application or where it is otherwise brought to the attention of the City Administrative Officer that the purpose for the need of the permit involves a development project which may be subject to bonding and surety requirements imposed by the zoning code or subdivision regulations (as either may be amended, hereafter), the City Administrative Officer shall first before issuing a permit submit the application to the City Council for their consideration and direction and, accordingly the City Administrator Officer shall not act on the permit until so directed by Council.
(B) The standards for determining the amount of bond and requirements of surety that both Council or the City Administrative Officer shall not be unreasonably imposed and shall conform to generally accepted engineering requirements as the City Engineer may require, giving due consideration to the weight of the total load (vehicle, equipment and materials) to be traveling any protected street, the frequency such loads will be traveling such street or streets, the pre-existing condition and strength of the street or streets to be traveled, the term or period of time the permit is to cover, and any other fair and reasonable standards the City Engineer may consider. Further consideration as to the size and nature of the vehicle, its equipment in relation to the width and nature of the streets to be traveled along with traffic density shall also be considered incident to bonding amounts and methods of surety as may be required at the time of application.
(C) The nonrefundable fee shall be submitted to the City Clerk-Treasurer by the City Administrative Officer upon receipt of same.
(D) Any police officer having reason to believe the length, height or width of any vehicle, equipment or load or any combination thereof is in violation of this subchapter is authorized to require the driver to stop and submit to a measuring of the same, and if incident to such measuring, it is determined there is such a violation, may require the driver to stop the vehicle in a suitable place and remain standing until such violation is corrected so as to be in conformity with this subchapter.
(E) Any police officer, having reason to believe that the weight of a vehicle, equipment or load is in violation of this subchapter, is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales, and may require that the vehicle be driven to the nearest scales.
(F) Whenever such officer, upon weighing a vehicle and load as above provided, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to such limit as is permitted under this subchapter.
(1992 Code, § 71.63) Penalty, see § 71.999