(a) State Regulations.
(1) 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. 5577.01through 5577.09, or otherwise not in conformity with Ohio R.C. 4513.01 through 4513.37, upon any highway under its jurisdiction.
(2) NotwithstandingOhioR.C. 715.22 and 723.01, the holderofaspecialpermit issued by the Director ofTransportation under Ohio R.C. 4513.34 may move the vehicle or combination of vehicles described in the special 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) The application for a permit 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. 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 may issue or withhold a permit. 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 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.
(ORC 4513.34) (Adopting Ordinance)
(b) Local Streets. No person shall operate a vehicle exceeding a size as specified Ohio R.C. 5577.01through 5577.09, or otherwise not in conformity with Ohio R.C. 4513.01 through 4513.37, or exceeding a gross weight of five tons, upon any street in the Municipality other than a State route, except those local streets designated as truck routes 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.
(Ord. 1973-196. Passed 11-27-73.)
(c) Local Permit and Conditions. 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 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 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 or her 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 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 Police Chief shall charge twenty-five dollars ($25.00), and for each hour of time or any part thereof spent by the in supervising the movement of such vehicle, the applicant shall pay the sum of fifty dollars ($50.00).
(4) Streets or highways under local jurisdiction shall be posted with signs indicating "no thru trucks - gross weight 5 tons" or words of similar import to apprize 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 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 penalties prescribed by Sections 408.01 and 408.02.
(Adopting Ordinance)
(d) Truck Routes.
(1) The following streets are hereby designated as thoroughfares upon which trucks and other commercial cars shall be permitted to travel:
A. Bagley Road from the western border of Middleburg Heights to Pearl Road;
B. Engle Road;
C. First Avenue;
D. Pearl Road;
E. Eastland Road;
F. Smith Road from West 130th Street to Pearl Road;
G. Sheldon Road; and
H. West 130th Street.
(2) Except as otherwise provided in this section, all other streets within the City shall be prohibited to trucks or any combination of commercial tractors with a trailer or semitrailer except that such commercial cars may use a restricted street when necessary for the purpose of receiving or delivering goods in the immediate neighborhood of such restricted street, in which instance the commercial car shall enter and leave such restricted street by the nearest designated thoroughfare.
(Ord. 1992-58. Passed 5-25-92; Ord. 1998-95. Passed 9-22-98.)
(e) Whoever violates the weight limit restrictions set forth in division (a) or (b) of this section shall be fined eighty dollars ($80.00) for the first 2,000 pounds or fraction thereof of overload. For overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined one hundred dollars ($100.00) and, in addition thereto, one dollar ($1.00) per 100 pounds of overload. For overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined one hundred thirty dollars ($130.00) and, in addition thereto, two dollars per 100 pounds of overload, or imprisoned not more than 30 days, or both. -For all overloads in excess of 10,000-pounds, such person shall be fined one hundred sixty dollars ($160.00) and, in addition thereto, three dollars ($3.00) per 100 pounds of overload, or imprisoned not more than 30 days, or both. Whoever violates the weight limit restrictions set forth in division (a) or (b) of this section shall be fined not less than one hundred dollars ($100.00). No penalty prescribed in this division shall be imposed on any vehicle combination if the overload of any axle does not exceed 1,000 pounds, and if the immediately proceeding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this division, two axles on one vehicle less than eight feet apart shall be considered as one axle.
(Ord. 1990-130. Passed 9-11-90.)