440.01 LOAD LIMITS.
   (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 R.C. §§ 5577.01 to 5577.09, or otherwise not in conformity with 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 R.C. § 5577.01 through 5577.09, or otherwise not in conformity with R.C. § 4513.01 through 4513.37, upon any highway under its jurisdiction.
      (2)   A.   Notwithstanding R.C. §§ 715.22 and 723.01, the holder of a permit issued by the Director of Transportation under 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.
         B.   Except as provided in R.C. § 4513.34(B)(3), 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 R.C. § 4513.34, milk transported in bulk by vehicle is deemed a nondivisible load.
         C.   For purposes of this section and of rules adopted by the Director under R.C. § 4513.34, three or fewer aluminum coils, transported by a vehicle, are deemed a nondivisible load. The Director shall adopt rules establishing requirements for an aluminum coil permit that are substantially similar to the requirements for a steel coil permit under O.A.C. Chapter 5501:2-1.
      (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 R.C. § 4513.34(F).
      (7)   Notice and procedures for debarment shall be as provided in 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 or authorized agent of the issuing authority.
      (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.
      (1)   No person shall operate a commercial tractor, truck, semitrailer or trailer, except for such vehicles that are four tons or less, not including their loads, and except for smaller passenger vehicles and pick-up trucks, upon any street in the City other than a State route, except those local streets designated as City truck routes and marked as such by appropriate traffic signs, and except where operation on the street is necessary to load or unload cargo on such street, to obtain or perform services on such street or to travel to or from a truck terminal or office located on such street. Drivers of commercial tractors, trucks, semitrailers or trailer intending to pick up or deliver cargo, obtain or perform services or travel to or from a truck terminal or office located on local streets not designated as City truck routes may leave State routes or designated City truck routes within the City and travel by the most direct route to the place where the cargo is to be delivered or picked up or the service obtained or performed or to the location of the truck terminal or office. The operator of any such vehicle shall thereafter return by the most direct route to a State route or City truck route. The gross vehicle weight as stated on the Ohio Bureau of Motor Vehicles registration form of any vehicle described in this subsection shall be prima-facie competent evidence of the gross weight of such vehicle.
      (2)   The operator of a vehicle exceeding the weight limits provided for in paragraph (b)(1) hereof, upon entering the Municipality on a street other than a State route or City truck route, shall proceed immediately by the shortest way possible to the nearest State route or City truck route leading in the direction in which such vehicle is proceeding.
   (d)   Signs Required. All State routes leading into the Municipality shall have posted appropriate signs warning operators of commercial vehicles governed by this section that they must follow State routes or designated City truck routes.
(Ord. 91-60. Passed 10-21-91.)
   (e)   Designation of Truck Routes. The City Engineer, along with the Director of Public Safety, shall have the authority to create certain truck routes within the Municipality and shall do so by certifying the same in writing to the Clerk of Council.
(Ord. 72-48. Passed 8-21-72.)
   (f)   Local Permit and Conditions.
      (1)   Upon application and for good cause, the Director of Public Safety may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets and highways.
      (2)   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 subsection (a) hereof.
      (3)   The Director may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Director in his or her discretion deems advisable, or for the duration of any construction project. The Director 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 Director may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
      (4)   For each such permit, the Director shall charge two dollars ($2.00), 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 five dollars ($5.00). Every such 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 the Municipality.
      (5)   Violation of any of the limitations, terms or conditions of the permit granted by the Director 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.
(Ord. 86-87. Passed 10-6-86.)
   (g)   Bridges.
      (1)   The legal load limits as established in R.C. § 5577.04 are reduced to twenty tons for the following bridges: Cherry Valley Road over Raccoon Creek (SFN 4560108).
      (2)   The Service Director is hereby directed to erect or cause to be erected and to maintain appropriate signs and warning devices at each entrance of such bridge, advising the public of the provisions of this subsection.
(Ord. 98-28. Passed 6-1-98; Ord. 21-44. Passed 1-18-22.)