(A) Use of state route. No person shall operate or move on state routes within the municipality a vehicle, or combination of vehicles, of a size or weight exceeding any limitation stated in W. Va. Code 17C-17. Violation of this division shall constitute a misdemeanor.
(B) Written permit. An applicant may seek special written permit issued by the Commissioner of Highways pursuant to W. Va. Code 17C-17-11, or other applicable state code provisions, to transport a vehicle, or combination of vehicles, that exceed the maximum weight or size specified in W. Va. Code 17C-17-11 or other applicable West Virginia Code provisions. 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.
(C) State routes only. A holder of a permit issued by the Commissioner of Highways shall not 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 division (D) below.
(D) Use of local streets.
(1) On streets and highways under the jurisdiction of this municipality, otherwise known as LOCAL STREETS, no person shall operate a vehicle, or combination of vehicles, exceeding weight limits established in W. Va. Code 17C-17 or exceeding weight limits designated by the municipality to accommodate road conditions within, or on, the municipality’s local streets.
(2) Said limitations do not apply to local streets designated as truck routes 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.
(E) Local permit and conditions. Upon application, the Chief of Police may issue a local permit authorizing an applicant to move an oversize or overweight vehicle, or combination of vehicles, as defined in division (D) above, on local streets, as defined in division (D) above.
(1) The Chief of Police may grant a permit for a single or round trip, or for such period of time not to exceed one year, as the Chief of Police, in his or her discretion, deems advisable, or for the duration of any construction project. The Chief of Police 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 Chief of Police may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
(2) For each such permit, the Chief of Police shall charge $5, or other amount deemed appropriate by the Municipal Court, 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, or other amount deemed appropriate by the Municipal Court.
(3) Signs shall be posted indicating “NO THRU TRUCKS 15 TONS OR MORE UNLESS OTHERWISE POSTED”, 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.
(4) Violation of any of the limitations, terms, or conditions of the permit granted by the Chief of Police shall be cause for immediate revocation or suspension of such permit, and subject to potential denial of request for any future permit. Such violation shall also subject the violator to the penalty prescribed by § 71.999(A).
(Ord. passed 5-11-2021) Penalty, see § 71.999