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(A) No person, firm or corporation shall operate on Thompson Road in the city any vehicle, truck, semi-trailer truck, tractor trailer unit, object or contrivance which exceeds twenty-five (25) tons or fifty thousand (50,000) pounds.
(B) Any vehicle which exceeds twenty-five (25) tons or fifty thousand (50,000) pounds which needs to travel Thompson Road and has no alternative route shall cross the C&O right-of-way at either the Pauley Bridge or Quail Ridge Subdivision and use the old road running on the opposite side of the C&O Railroad Company tracks which runs parallel to Thompson Road.
(C) Notwithstanding the provisions of divisions (A) and (B), any vehicle which exceeds twenty-five (25) tons or fifty thousand (50,000) pounds and has no alternative route other than Thompson Road, including the old C&O right-of-way road, may apply for a permit to exceed the twenty-five (25) tons or fifty thousand (50,000) pounds weight restriction on Thompson Road up to a maximum gross weight, including the load, of forty (40) tons or eighty thousand (80,000) pounds.
(1) The City Building Inspector may issue a permit to exceed the twenty-five (25) tons or fifty thousand (50,000) pounds weight limit on Thompson Road (not to exceed forty (40) tons or eighty thousand (80,000) pounds) if in the opinion of the Building Inspector, the permittee has no alternative route other than Thompson Road.
(2) The Building Inspector shall have the right to designate an appropriate length for the vehicle, the number of axles, and the weight per axle so long as the gross weight does not exceed forty (40) tons or eighty thousand (80,000) pounds.
(D) Any peace officer having reason to believe that the weight of any vehicle is in excess of the maximum limit described by this section or by permit issued pursuant thereto and is in the possession of the operator, may weigh it either by portable or stationary scale, and may require it to be driven to the nearest scales, if such scales are within the distance of five (5) miles from the point at which the vehicle is first directed to stop. If the officer shall determine that the operation of the motor vehicle was unlawful, he or she shall require the operator of the vehicle to unload such portion of the load as may be necessary to decrease the gross weight of the vehicle or, at his or her option, require the operator to leave the road at its nearest point. The refusal of the operator to permit his or her motor vehicle to be weighed shall constitute a violation of this section.
(E) Nothing in this section shall permit the operator of any vehicle to exceed any statute, law or regulation adopted by the Commonwealth of Kentucky or United States of America concerning weight limits of vehicles upon public highways.
(Ord. 0-90-024, passed 7-23-90) Penalty, see § 71.99
For weight limits on city streets other than Thompson Road (§ 71.35 above), see Chapter 74, Schedule V.
PARADES
A permit is required to stage a parade, motorcade or race on the streets, sidewalk or rights-of-way in the City of Pikeville, Kentucky. All parade sponsors (excluding the City of Pikeville and its agencies, or wedding or funeral processions escorted by a police agency) must have a parade permit issued by the Chief of Police of the City of Pikeville. The parade permit shall contain a copy of these rules thereon. A certificate of insurance naming the City of Pikeville as an additional insured providing primary coverage for any claim or liability for damages, injuries or death, resulting from or arising out of the parade or activity or in connection therewith must also be provided. All applications for permits must be received by the Chief of Police a minimum of fifteen (15) days prior to the event.
(Ord. 620.5, passed 11-27-64; Am. Ord. O-2019-30, passed 11-25-19) Penalty, see § 71.99
(A) (1) The application for a parade permit shall include:
(a) The name, address, and phone number of the applicant and of any persons acting as sponsors of the parade/event who will be responsible for its conduct. If the applicant is a corporation or civic organization, then the name of the corporation or civic organization and names and addresses of its directors and officers must be included on the application;
(b) The estimated number of persons, animals and vehicles to participate, specifying animal and vehicle types;
(c) The date the parade is to be held, and the time it is to commence and terminate including times parade participants or units will assemble:
(d) The route the parade will travel including start and termination points, streets or areas to be traveled, and assembly or staging areas for parade participants. It should be noted however that the city has a standard parade route absent a special need for a variance;
(e) A proposed plan for the removal of litter and animal waste along the parade route and adjacent areas after the termination of the parade;
(f) Proof of the required insurance for the parade/event; and
(g) Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued.
(2) The event organizer is required to indemnify and hold the City of Pikeville, its officers, agents, and employees harmless from all damages arising directly or indirectly from planning, organizing and implementing the permitted parade/event. The parade/event organizer is required to defend the City of Pikeville. its officers, agents, and employees in any suit related to the event.
(B) (1) The Chief of Police shall act upon the application for a parade permit within five (5) business days after the filing thereof. If the Chief of Police disapproves the application, he shall call (the phone number provided in the application) and mail to the applicant within five (5) business days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.
(2) Parades shall not be permitted before 5 p.m. on weekdays without permission granted by the City Commission.
(3) Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Manager. The appeal shall be taken within five (5) business days after notice. The City Manager shall act upon the appeal within five (5) business days after its receipt.
(Ord. 620.5, passed 11-27-64; Am. Ord. O-2019-30, passed 11-25-19)
(A) (1) No person shall obstruct, impede, or interfere with any duly authorized parade or with any person, vehicle or animal participating in or used as a part of such parade.
(2) No person shall operate a motor vehicle alongside or between the persons, vehicles or animals participating in a parade during such parade.
(3) Parking on parade route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a duly authorized parade. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be convicted of a parking violation under this section unless that street has been posted as required herein.
(B) Any activities encouraging spectators to approach the parade are not allowed.
(C) Motorcycles, all-terrain vehicles, or other motorized vehicles not licensed for road use are deemed unacceptable unless otherwise approved by the City of Pikeville. All vehicles must have working head lights, brake lights, turn signals, reverse lights, horn, and windshield wipers. All vehicles must have properly functioning brakes. All floats and trailers must use safety chains and be properly secured with a legal hitch. All props on floats and trailers must be properly secured, braced or tied down to prevent movement. All CDL vehicles must be in compliance with all Federal Motor Carrier Safety Act requirements.
(D) Drivers of all motorized vehicles must be at least eighteen (18) years old and hold a valid driver's license (CDL where required) and possess the proof of insurance and registration for the vehicle they are operating. The driver is legally responsible for the actions of persons on the parade vehicles.
(E) All vehicles must have liability insurance an amount required by the Commonwealth Kentucky but in no event less than one hundred thousand dollars ($100,000) for a single claimant and three hundred thousand dollars ($300,000) aggregate, and a parade pass must be issued by the Pikeville Police Department who shall verify the insurance and registration requirements and other requirements set forth herein for every vehicle in the parade. The parade pass will state thereon the approved driver for the vehicle and must be visibly displayed in the vehicle.
(F) All parade vehicles licensed for a gross vehicle weight rating (GVWR) exceeding ten thousand (10,000) pounds must be accompanied by a spotter on the ground at both of the front corners of the vehicle while traveling the parade route whose purpose it shall be to watch for pedestrians so close to the vehicle to present a danger or hazard to himself or others as well as any occupants of the parade vehicle.
(G) Persons shall remain on their float or other parade entry from the staging area to the end of the parade route, except in case of emergency. Parade participants may walk the parade route, but exiting the parade entry once the parade has begun is prohibited.
(H) All parade participants must adhere to sensory sensitive zones as marked throughout the parade route.
(I) Only hard candy may be soft-tossed from all parade entries.
(J) All riders thirteen (13) years old and younger must be sitting at all times during the parade.
(K) Parade vehicles with riders thirteen (13) years old and younger must have one adult for every six (6) children with a minimum of two adults (excluding the required spotters). At least one adult must be located on each side of the parade vehicle.
(L) All parade vehicles shall have a means to prevent vehicle occupants from falling from the parade vehicle, which includes secured safety rails (forty-two (42) inches in height) on the outside of the parade vehicle barriers or ropes may be used.
(M) Except city sponsored floats which may include Main Street, Appalachian Center for the Arts, and Appalachian Wireless Arena, city owned vehicles are prohibited from transporting floats or other entries in the parade.
(N) Only city employees or their children may ride in city owned vehicles during parades in accordance with the City of Pikeville Personnel and Operating Guidelines.
(O) Please note: applicants shall be responsible for all traffic control arrangements, equipment including fencing, stanchions or any other crowd control devices required for a parade/event, and fees therefore, deemed necessary by the Public Works Department and the City of Pikeville Police Department. The parade route, along with the size the parade, will determine the necessary fees.
(P) The permit holder shall be responsible for any damage to public property occurring as result of the event permitted by the permit and for cleanup of any trash, debris or litter left from the event.
(Q) The City of Pikeville is not responsible for any accidents or damage to personal property resulting from issuance of a permit. The permit is nontransferable and can only be used on the designated date and times as approved by the organizer. The City of Pikeville reserves the right to suspend, cancel, and/or reschedule the event. The permit organizer is responsible for ensuring that all participants and spectators abide by the rules and conditions provided for herein.
(Ord. O-2019-30, passed 11-25-19) Penalty, see § 71.99
FUNERAL PROCESSION
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