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DIVISION 3. USE OF CITY STREETS AND HIGHWAYS BY OVERWEIGHT VEHICLES
The following words and phrases, whenever used in this division, shall be construed as defined in this section.
(A) DESIGNATED STREETS - Those city streets or highways, or portions thereof, that have been designated by the city council by resolution as being open to travel by overweight vehicles pursuant to a special permit issued under the provisions of this division.
(B) DIRECTOR - The director of development services of the City of Oxnard, or his/her designee.
(C) OVERWEIGHT VEHICLE - A vehicle, combination of vehicles, or mobile equipment, which, in combination with its load, has a maximum gross weight in excess of the weight limit of vehicles and loads specified in the California Vehicle Code, but does not exceed 95,000 pounds gross weight. Ocean shipping equipment under the seal of United States Customs shall not be subject to the provisions of this division.
(D) PERSON - Any natural person, firm, association, organization, partnership, corporation, public corporation, political subdivision or any department or agency thereof.
(E) YEAR - Calendar year commencing January 1 and ending the following December 31.
(Ord. No. 2871)
No person shall operate or move an overweight vehicle upon city streets or highways except pursuant to a special permit issued under the provisions of this division. A special permit shall be required for each overweight vehicle to be operated or moved on city streets or highways. Notwithstanding the foregoing, a person shall not be required to obtain a special permit pursuant to this division if they are required to obtain a city permit for a vehicle whose height, length or width exceeds the maximum specified in the California Vehicle Code, have obtained the permit and the permit is currently valid.
(Ord. No. 2871)
(A) The director or his/her designee is authorized to issue special permits under this division for either a single movement or on a yearly basis for continuous operation. Every permit issued for continuous operations shall expire on December 31 of the year for which it is issued. The director may issue or withhold a special permit in his/her discretion or may issue a special permit conditioned upon the following:
(1) The number of trips authorized.
(2) Seasonal or other time limitations within which the overweight vehicle may be operated or moved on the designated streets.
(3) An undertaking or other security as may be deemed necessary to protect the city's streets, highways and bridges from damage.
(4) Required proof of financial responsibility in an amount required for compliance with California Vehicle Code section 16500.5.
(5) Such conditions of operation of the overweight vehicle as may be necessary to assure against undue damage to the road foundations, surfaces, bridges or other structures.
(6) Potential negative safety or environmental impacts in the opinion of the city traffic engineer, fire chief, or the police chief.
(B) No special permit issued pursuant to this section shall authorize the transport of hazardous materials or hazardous wastes, as those terms are defined by local, state, and federal law.
(Ord. No. 2871)
The city will issue a special permit only upon receipt of a signed and verified application describing the vehicle and load, including weight, and stating whether the special permit is requested for a single trip or continuous operations. Each application shall be accompanied with a special permit fee. The amount of all special permit fees shall be established by a resolution of the city council.
(Ord. No. 2871)
Every special permit issued pursuant to this division shall provide that:
(A) The maximum allowable gross combined vehicle weight to be permitted may not exceed 95,000 pounds with appropriate equipment and the vehicle, combination of vehicles, or mobile equipment shall conform to the axle weight limits specified in Section 35550 of the California Vehicle Code.
(B) The maximum speed limit for any overweight vehicle shall be 30 miles per hour.
(C) Each person to whom a special permit is issued shall agree to defend and indemnify city, its city council, boards, officers and employees from any and all damages, costs and expenses sustained or incurred by city, its boards, officers and employees resulting from or arising out of the issuance of a special permit and the use of city streets or highways whether designated or non-designated.
(D) Each person to whom a special permit is issued shall agree to be responsible for all injuries or death of persons and for all damages to property of every kind caused by or resulting from or arising out of the issuance of a special permit and use of city streets or highways, whether designated or non-designated.
(E) Each person to whom a special permit is issued shall agree to carry a copy of the special permit in the overweight vehicle for which the permit is issued and furnish a copy to any peace officer upon demand.
(F) Each person to whom the special permit is issued shall furnish evidence satisfactory to the director that the overweight vehicle has undergone safety inspection by a governmental agency having jurisdiction within 90 days preceding the issuance of the special permit and at least once each 90 days during the permit period.
(G) Each person to whom a special permit is issued shall be prohibited from using an overweight vehicle to transport hazardous materials or hazardous wastes, as those terms are defined by local, state and federal laws, across any city street or highway, or portion thereof.
(H) Each person to whom a special permit is issued shall at all times comply with all laws, ordinances, rules and regulations of all federal, state and local governmental authorities having jurisdiction over the operation and maintenance of the overweight vehicle.
(I) No detour from a permitted route may be made without prior written permission of the director or his/her designee.
(J) Except for permitted detours, no route shall be on any street or highway, or portion thereof, not designated by a resolution of the city council.
(K) Every overweight vehicle permitted under this division and each special permit issued pursuant hereto shall be subject to inspection by the director or his/her designee, or any peace officer, at any time it is on a city street or highway within the limits of the city for the purpose of determining compliance with the provisions of the special permit.
(L) As a condition precedent to the city's issuance of a special permit, the applicant shall furnish the director evidence that each driver of an overweight vehicle shall have completed training in the operation of an overweight vehicle.
(Ord. No. 2871)
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