440.01  LOAD LIMITS.
   (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 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)   Notwithstanding R.C. § 715.22 and 723.01, the holder of a special permit issued by the Director of Transportation under 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 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.
   (b)   Whoever violates division (a) of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. In addition to any term of imprisonment imposed by a court for a violation of division (a) of this section, whoever is convicted of or pleads guilty to a violation of division (a) of this section shall be fined by the court as follows:
      (1)   For a minor misdemeanor, not more than one hundred fifty dollars ($150.00);
      (2)   For a misdemeanor of the fourth degree, not more than three hundred fifty dollars ($350.00); and
      (3)   For a misdemeanor of the third degree, not more than seven hundred fifty dollars ($750.00).
   (c)   Local Streets.
      (1)   No person shall operate a vehicle exceeding a size as specified in Section 440.02, or exceeding a gross weight of five tons, upon any street or highway in the Municipality other than the following streets and highways:
            Barber Road
            Clark Mill Road
            Cleveland-Massillon Road
            Eastern Road (from Fairland Road west to the City corporation limit)
            Fairland Road (from Eastern Road to the City corporation limit)
            Greenwich Road
            Norton Avenue
            Summit Road (between the Interstate Route 76/U.S. Route 224 overpass & Wadsworth Road)
            Wadsworth Road (S.R. 261)
            Wooster Road
            State Route 21
            State Route 585
            Interstate Route 76/U.S. Route 224
      (2)   Any vehicle may be driven upon any street or highway or part thereof for the shortest possible distance to load or unload merchandise, freight or material at a place contiguous to such street or highway or part thereof, provided that there are no other means of ingress to or egress from such place. Moreover, any vehicle may be driven across any street or highway or part thereof at an intersection.
   (d)   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 thirty-five dollars ($35.00), and for each hour of time or any part thereof spent by the Police Department in supervising the movement of such vehicle, the applicant shall pay the sum of fifty dollars ($50.00).
      (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 5 tons" or words of similar import to inform drivers of the prohibitions of the operation thereon of oversized or overweight vehicles, except by special permit or for purposes of making deliveries. 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.
(Ord. 73-2015.  Passed 12-14-15; Ord. 92-2019.  Passed 9-9-19.)