ORD-15-90 REGULATES THE MOVEMENT OF OVERWEIGHT AND OVERSIZE VEHICLES AND DIRT HAULING OPERATIONS AND TO PROVIDE FOR PERMITS FEES AND REGULATIONSORDINANCE NO. 15-
90 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 10.67
TO TITLE 10 OF THE ORANGE MUNICIPAL
CODE TO REGULATE THE MOVEMENT OF
OVERWEIGHT AND OVERSIZE VEHICLES AND DIRT
HAULING OPERATIONS, AND TO PROVIDE FOR
PERMITS,FEES AND
INSPECTIONS.WHEREAS, the State of California has adopted new rules
and regulations dealing with the movement of overweight and
oversize vehicles, including a standardized permit process and fees;
and WHEREAS, it is necessary for the city of Orange to amend
its Municipal Code to comply with said new rules and regulations;
and WHEREAS, the public health. safety and welfare is best
served by a program of inspections and permits designed to minimize
risk of damage to persons, vehicles and streets, dust from dirt
hauling vehicles, and other hazards related to overwefght and
oversized vehicles and dirt hauling
operations;NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Orange does ordain as
follows:SECTION
I:Title 10 of the Orange Municipal Code is hereby amended to
add Chapter 10.67 to read as
follows:
SECTIONS:10.67.
010 10.67.
020 10.67.
030 10.67.
040 10.67.
050 10.67.
060 10.67.
070 10.67.
080 Chapter 10.
67 MOVEMENT OF VEHICLES AND
EOUIPMENT Movement of Overweight, OVersize
Vehicles,Equipment - Permit Required.
Application for Permit.
Dirt Hauling Operations.
Filing Fees.
Consideration of Application - criteria for Issuance,
Denial of Permit.Indemnification -
Bonding - Insurance Requirement.Safety Inspections by
Orange Police Department.Violation - Revocation.10.
67.010 Movement
of Overweiqht. Oversize Vehicles.Equipment - Permit Required. It
is unlawful for any person, firm,association or corporation to move
or operate upon any highway in the City of Orange any
vehicle, combination of vehicles, mobile equipment or load whiCh weighs
or measures in excess of the
weight, width, height or length permitted by Division 15 of ~he
California Vehicle Code, unless an application therefore has been
filed with and a permit issued by the Director of Public Works.
10.67.020
permit shall be
shall set forth
Application for Permit. A.
upon forms to be supplied by
the following information:
The application for a
the City of Orange and
1. The name and address of the applicant;
2. Description of vehicle and load to be operated or moved;
3. streets/Highways over which permit to operate is
requested;
4. Date, hour, duration and number of trips to be made;
5. Number and location of stops to be made within the city
of Orange.
B. The City of Orange will accept applications made by, and
issue permits directly to, an applicant or permit service by any of
the following processes:
1. In writing.
2. By an authorized facsimile process.
3. Through an authorized computer and modem connection.
10.67.030 Import or Export of Earth Material. Any person,
firm, association or corporation moving more than 500 cubic yards
of earth material shall comply with the following requirements, per
the city of Orange Grading Manual.
A. The following requirements shall apply when more than
five hundred cubic yards (500 cu.yd.) of earth material per project
is moved from or to the site of an earth grading operation in a one
day period on public roadways not designated as City of orange
Truck Routes; or, when more than twenty-five hundred cubic
yards 2,500 cu.yd.) of earth material per project is moved from or
to the site of an earth grading operation over a period of
time exceeding one day on public roadways not designated as city
of Orange Truck Routes; or, when more than five thousand cubic
yards 5,000 cu.yd.) of earth material per project is moved from or
to the site of an earth grading operation on public roadways
not designated as City of Orange Truck
Routes.1. Haul routes shall be identified and approved by the
City Traffic
Engineer.2. Trailers carrying loads of earth material shall, in
a manner adequate to prevent the earth material
from blowing or bouncing out of or otherwise leaving the
truck and/or trailer while traveling or standing upon
any public roadway, either wet down the loads or cover
the load of earth material with a tarpaulin prior to
entering upon any public roadway in the city of
Orange 3. A street sweeper and/or water truck may be required
on the job site to mitigate effects of dirt, mud, dust
and debris on the
roadway.Ord No. 15-90 2-Ord
4. Days and hours of haul will be reviewed and approved by
the City Traffic Engineer to mitigate area and peak hour
traffic conflicts.
5. Provide evidence of proper liability insurance coverage
acceptable to the City Traffic Engineer naming the City
of Orange as additionally insured.
6. A cash deposit by certified/cashier's check only may be
required to insure the streets in the haul route will be
maintained in a clean and orderly condition throughout
the hauling operations, and to protect against any damage
to city infrastructure.
When in conformance with the prov1s1ons of this section, a
Hauling Permit shall be issued by the city Traffic Engineer.
B. Hauls in excess of 30,000 cubic yards requiring the use
of city streets will require City Council approval and the possible
provision of the following additional measures:
1. Periodic safety inspection of all haul trucks.
2. A hold harmless agreement between the City of Orange and
the grading contractor will be required for vehicles
hauling earth material from or to the project site.
3. Flagmen and/or automatic traffic lights may be necessary
as required by the City Traffic Engineer.
4. A cash bond may be required to insure against loss of
pavement life along primary haul routes.
When in conformance with the provisions of this section, a
Hauling Permit shall be issued by the City Traffic Engineer.
10.67.040 Filinq Fees. A fee shall be paid by the applicant
upon the filing of each application for a permit as follows:
a) Fifteen dollars ($15) for single trip (5 working days and
includes legal return).
b) Seventy dollars ($70) for an annual permit. Valid for
one year from date of issuance, and permitting any number of
trips within or into the City of Orange within said year;
provided, however, that separate applications shall be filed
for each vehicle that operates in the City of Orange,
containing the information required by this chapter.
c) Fifteen dollars ($15) for a Rider to modify a permit
after its original issuance.
10.67.050 Consideration of Application - criteria for Issuance.
Denial of Permit. The Director of Public Works shall, by written
permit, authorize the use of streets/highways within the city
of Orange in accordance with the terms of the application, if,in
his judgment and that of the Chief of the Police, said highways and
appurtenant pUblic and private property can safely withstand such
use. Such permit shall specify the period of time for which 3-
Ord No. 15-90
it is to be effective; the route or routes to be traveled; the
date, hour and number of trips to be made; such stops as shall be
made within the city of Orange, and such other terms and conditions
which the Director of Public Works and the Chief of Police
determine necessary for public convenience and safety. Every
permit shall be carried in the vehicle or combination of vehicles
to which it refers and shall be presented for inspection by any
California Vehicle Safety Alliance officer, authorized agent of the
Director of Public Works, or any other officer or employee charged
with the care or protection of such streets/highways upon request.
10.67.060 Indemnification - Bondinq - Insurance Requirement.A written
agreement, approved as to form by the City Attorney,shall be
filed by the applicant providing that the City of orange and all
officers, employees, agents and representatives thereof shall be
indemnified and held harmless by the applicant from any liability or
responsibility for any accident, loss or damage to persons or
property happening or occurring as the proximate result of the
use of streets/highways under the terms of the application and the
permit granted in response thereto, and that all of said liabilities are
hereby assumed by the applicant. Such permit shall be granted
upon such conditions and upon depositing such bond and certificate of
insurance as the Director of Public Works in his discretion may
require.10.67.
070 Safetv Inspection of Vehicles. Every driver of a vehicle, combination
of vehicles, mobile equipment or load subject to this
Chapter 10.67 shall stop and submit to an inspection of the size, weight,
equipment and safety of such vehicle, combination of vehicles, mobile
equipment or load at any location where any officer of
the Orange Police Department is conducting test and inspections of
such vehicles, combination of vehicles, mobile equipment or
loads and when signs are displayed requiring the stop.10.67.
080 Violation - Revocation. Any person, firm,association or corporation
moving or operating upon any street/highway in
the city of Orange any vehicle, combination of vehicles, mobile equipment
or load contrary to any term or condi-tion of a
permit issued under the authority of Chapter 10.67 hereof shall be guilty
of a misdemeanor and upon conviction, such permit shall be revoked
and cancelled by the Director of Public Works.section II:A
summary of
this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of the
City Clerk at least five (5) days prior to the City Council meeting at
which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days
after this Ordinance's passage in the Orange city News, a newspaper
of general circulation, published, and circulated in the City
of Orange. The city Clerk shall post in the Office of the City Clerk
a certified copy of the full text of such adopted Ordinance along with
the names of those City Council members voting for and against
the Ordinance in accordance with Government Code Ord No. 15-
90 4-r -
section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 10th day of July 1990.
DON E. SMITH
Mayor of the City of Orange
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of orange,
California, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the city Council held on
the 26th day of June , 1990, and thereafter at the regular
meeting of said City Council duly held on the 10th day of July
1990, was duly passed and adopted by the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: MAYOR SMITH
dg 5-Ord No. 15-