(a) Use of state route.
(1) No person shall operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in W.Va. Code Art. 17C-17 upon any state route within the municipality, except pursuant to special written permit issued by the Commissioner of Highways, or upon any local truck route. 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.
(2) No holder of a permit issued by the Commissioner of Highways shall be required to obtain any local permit or license or pay any local fee or charge for movement on any state route within the municipality; however, it shall be unlawful to operate any such vehicle or combination of vehicles upon any roadway within the municipality which is not a state route, except as provided in subsection (c) below.
(b) Use of local streets. No person shall operate a vehicle exceeding a size as specified in § 347.03 of this article 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 a truck route 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.
(c) Local permit and conditions.
(1) 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.
(2) No permittee shall be required to obtain a special permit from the Commissioner of Highways for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the Commissioner of Highways shall be required for movement upon state routes as provided in subsection (a) above.
(3) 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.
(4) For each such permit, the Police Chief shall charge $5, and for each hour of time or any part thereof spent by each police officer in supervising the movement of such vehicle, the applicant shall pay the sum of $10.
(5) Signs shall be posted indicating “no thru trucks - gross weight 5 tons” or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.
(6) 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 penalty prescribed by § 303.99 of this part.
(d) Returning streets to prior condition. Any person or persons or companies or corporation engaged in hauling over the streets or roadways shall be responsible for returning the streets or roadways to the condition they were in prior to the time the hauling began.
(Ord. passed 6-13-1995)