(a) State Regulations.
(1) The Municipality, with respect to highways under its jurisdiction, upon application in writing and for good cause shown, may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in Ohio R.C. 5577.01 through 5577.09, or otherwise not in conformity with Ohio R.C. 4513.01 through 4513.37, upon any highway under its jurisdiction.
(2) Notwithstanding Ohio R.C. 715.22 and 723.01, the holder of a special permit issued by the Director of Transportation under Ohio R.C. 4513.34 may move the vehicle or combination of vehicles described in the special permit on any highway that is a part of the State highway system when the movement is partly within and partly without the corporate limits of the Municipality. No local authority shall require any other permit or license or charge any license fee or other charge against the holder of a permit for the movement of a vehicle or combination of vehicles on any highway which is a part of the State highway system. The Ohio Director of Transportation shall not require the holder of a permit issued by the Municipality to obtain a special permit for the movement of vehicles or combination of vehicles on highways within the jurisdiction of the Municipality. Permits may be issued for any period of time not to exceed one year, as the local authority in its discretion determines advisable or for the duration of any public construction project.
(3) The application for a permit shall be in the form that the Municipality prescribes. The Municipality may prescribe a permit fee to be imposed and collected when any permit described in this section is issued. The permit fee may be in an amount sufficient to reimburse the Municipality for the administrative costs incurred in issuing the permit, and also 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 combination of vehicles. For the purposes of this section and of rules adopted by the Director under Ohio R.C. 4513.34, milk transported in bulk by vehicle is deemed a nondivisible load.
(4) The Municipality may issue or withhold a permit. If a permit is to be issued, the Municipality may limit or prescribe conditions of operation for the vehicle and may require the posting of a bond or other security conditioned upon the sufficiency of the permit fee to compensate for damage caused to the roadway or a street or highway structure. In addition, the Municipality, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the Municipality to compensate for or to repair excess damage caused to the roadway by travel under the permit.
(5) Every 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 or authorized agent of any authority granting the permit. No person shall violate any of the terms of a permit.
(ORC 4513.34)
(b) Local Streets. No person shall operate a vehicle exceeding a size as specified in Section 440.02 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.
(c) Local Permit and Conditions. Upon application and for good cause, the Mayor may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets and 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 subsection (a) hereof.
The Mayor may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Mayor in his discretion deems advisable, or for the duration of any construction project. The Mayor 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 Mayor may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
For each such permit, the Mayor shall charge ten dollars ($10.00), and for each hour of time or any part thereof spent by the Division of Police in supervising the movement of such vehicle, the applicant shall pay the sum of five dollars ($5.00).
Streets or highways under local jurisdiction shall be posted with signs 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.
Violation of any of the limitations, terms or conditions of the permit granted by the Mayor 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 penalties prescribed by Sections 408.01 and 408.02.
(Ord. 1971-123. Passed 7-13-71.)
(d) Special Weight Restrictions.
(1) No person shall operate any vehicle used for the transportation of goods or property, the gross weight of which exceeds eight tons, upon River Street (State Route 174) within the City.
(Ord. 1960-22. Passed 3-14-60.)
(2) No person shall operate any vehicle used for the transportation of goods or property upon Johnny Cake Ridge Road (State Route 84 also known as Wickliffe -Madison Road) within the City.
(Ord. 1953-42. Passed 6-9-53.)
(3) Drivers of vehicles whose gross weight exceeds the limits prescribed by subparagraphs (1) and (2) hereof may deliver or pick up goods or property upon such prohibited streets, provided such vehicles are operated only the shortest way possible between the nearest legally permitted intersecting street and the place of delivery or pickup or as otherwise directed by a police officer.
(Ord. 1961-70. Passed 8-14-61.)
(4) No person shall operate any vehicle designed or used for the transportation of goods or property, wares or merchandise on Kirtland Road, from the easterly corporation limit to Route 84 within the limits of the City, except in cases and instances described in subparagraph (3) hereof.
(Ord. 1966-35. Passed 3-14-66. )
(e) Weight Reduction During Thaws and Moisture. When thaws, excessive moisture or the nature of the road bed, construction and other factors which are material to the proper preservation and maintenance of the roads, streets or highways render them insufficient to bear the traffic thereon, or when such streets, roads or highways would be damaged or destroyed by the type or nature of the usual traffic thereon, the maximum weight of the vehicles and/or load shall be reduced as prescribed by the Director of Public Service as the type, nature and condition of such street, road or highway justifies. At least one day before such reduction becomes effective the Director of Public Service shall cause to be placed and retained on such streets, roads or highways, at both ends and at points of intersection by other streets, roads or highways, during the period of such reduced limitation of weight, signs of substantial construction, which will conspicuously indicate the limitation of weight and/or load which is allowed thereon and the date on which such limitation shall go into effect.
A record of the action of the Director of Public Service with respect thereto shall be kept in his office. No person shall operate upon any such road, street or highway, any vehicle whose maximum weight is in excess of the limitations prescribed by the Director of Public Service.
The provisions of this section shall not apply to fire trucks or other vehicle of any fire department of any political subdivision.
(Ord. 1961-70. Passed 8-14-61.)
(f) Whoever violates any provision of this section for which no other penalty is provided is guilty of a minor misdemeanor. (ORC 4513.99)