(a) Use of Local Streets. No person shall operate a vehicle exceeding a height, width, length, or weight as specified in Section 339.03, or Sections 5577.01 through 5577.09 of the Ohio Revised Code upon any Village-maintained street without a Special Hauling Permit granted by the Village.
(b) Local Permit and Conditions. Upon application and for good cause, the Village Administrator may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets. This permit may be referenced as a "Special Hauling Permit."
(1) Special Hauling Permits cover only Village-maintained streets or highways. 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 Section 339.01. The Village assumes no responsibility for the failure of the applicant to secure permits required by the State or any other governing authority.
(2) The Village Administrator may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Village Administrator in his discretion deems advisable, or for the duration of any construction project. The Village Administrator 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 Village Administrator may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
(3) The Village Administrator shall be responsible for administering the issuance of Special Hauling Permits. All applications for a Special Hauling Permit are subject to the following terms and conditions:
A. The granting of a Special Hauling Permit shall not be construed as a guarantee or representation by the Village that the load described can be moved without damage to the pavement or structures in or adjacent to the right-of-way.
B. The permittee will be liable for any damage caused by the movement. The Village assumes no responsibility or liability for damage to the permittee's equipment or the load being moved. The permittee agrees to compensate the Village for any damage to a Village-maintained roadway or road structure and to indemnify, hold harmless, and defend the Village, its employees, agents, and officials against all liabilities, losses, obligations, claims, damages, penalties, suits, actions, judgments, costs and expenses of any nature incurred or brought against the Village, its employees, agents, and officials as a result of injury or death of persons or damages to or loss of property caused by acts or omissions by permittee, its agents, servants, and employees in the performance of movements under the Special Hauling Permit.
C. If the insurance policy or policies filed in conjunction with the Special Hauling Permit application lapses and is not timely renewed, resulting in a lapse of coverage, the Special Hauling Permit shall no longer be valid.
D. The Special Hauling Permit shall be in the driver's possession at all times during the movement and shall be shown on demand to any police officer, state highway patrol trooper, sheriff, deputy sheriff, Ohio Department of Transportation employee, or employee of the Village.
E. Movements under the Special Hauling Permit are limited to the route specified between the designated points within the time allotted.
F. Movements under the Special Hauling permit shall be made not to impede normal highway traffic beyond the least extent possible. All movements shall be made at such speeds and in such a manner as to cause a minimum of interference with other traffic and minimum impact stress on structures and pavements.
G. No vehicle or object moving under the Special Hauling Permit shall be parked in the roadway, either day or night, except in case of emergency. In the case of emergency, the permittee shall deploy flares, signs, and other measures to protect the traveling public.
H. No vehicle or object moved under the Special Hauling Permit shall be loaded or unloaded in the right-of-way.
I. Permittees must comply with all laws, rules, and regulations covering movement of traffic over highways and streets, and operation of vehicles.
J. Reductions in legal weights posted on roadways and bridges, if any, must be obeyed unless specifically stated otherwise in the Special Hauling Permit.
K. No vehicles or objects being transported under a Special Hauling Permit shall travel in convoy with any other oversized and/or overweight vehicle, or vehicle load. Every vehicle operating under a Special Hauling Permit shall maintain a minimum spacing of 500 feet from all vehicles traveling in front and in the same lane as said vehicle, whenever possible.
L. Every vehicle operating under a Special Hauling Permit shall, when traveling on freeways, expressways or multi-lane undivided highways, remain in the extreme right-hand lane of said highway except as necessary to maintain continuous through movement, to make left turns or exits on its approved route, or to pass other vehicles. Over-width vehicles shall not pass other vehicles traveling in the same direction. Nothing in these limitations on the use of Special Hauling Permits shall permit what state law forbids.
M. Permits will not generally be issued for built-up loads that are divisible into legal loads, or into loads of the least over dimension or the least overweight. If, in the event of an extenuating circumstance, a permit is issued for a divisible load, such loud must be adequately described. Milk transported in bulk by vehicle is deemed to a nondivisible load to the extent so deemed by State law or rule.
N. Loads of extremely large dimensions shall require additional protective measures when necessary for the safeguarding of other traffic. Due regard shall be taken of traffic in both directions and every possible effort shall be made to prevent traffic congestion. One or more flagmen, or a pilot car, may be required.
O. A permit is void at any time road, weather, or traffic conditions make travel unsafe.
(4) Signs shall be posted indicating "no thru trucks" or words of similar import to apprise drivers of the limitations imposed by this Chapter. 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 Village Administrator 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 Section 303.99.
(c) The Village Administrator shall be responsible for calculating and collecting the permit fee. The permit fee shall be in an amount sufficient to reimburse the Village for the administrative costs incurred in issuing the permit, including but not limited to the per-hour cost of police traffic supervision, and 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 vehicles. The fee to cover the cost of normal and expected damage caused to the roadway or a street or highway structure may be calculated on a per-mile basis. The fee shall be noted on the Special Hauling Permit Application. The Village Administrator shall recalculate the fee amounts from time to time to ensure that they remain sufficient to reimburse the Village's costs. (Ord. 09-18. Passed 2-26-18.)