ORD-16-90 URGENCY MEASURE ADDING CH 10.67 TO TITLE 10 OF THE ORANGE MUNICIPAL CODE TO REGULATE THE MOVEMENT OF OVERWEIGHT AND OVERSIZED VEHICLES AND DIRT HAULING OPERATIONSORDINANCE NO. 16-
90 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE ADDING CHAPTER 10.
67 TO TITLE 10 OF THE ORANGE
MUNICIPAL CODE TO REGULATE THE MOVEMENT OF
OVER-WEIGHT AND OVERSIZED VEHICLES AND
DIRT HAULING OPERATIONS, AND TO PROVIDE
FOR PERMITS, FEES AND
INSPECTIONS.WHEREAS, California Vehicle Code Sections 35781 and
35795 impose a standardized permit process and fee schedule for
the movement of overweight and oversize vehicles;
and WHEREAS, the California Department of Transportation set
July 1, 1990, as the effective date for implementation of these
revised requirements;
and WHEREAS, on June 26, 1990, the city Council waived
first reading of Ordinance No. 15-90 which will implement
these revised requirements; however, second reading will be held no
sooner than July 10, 1990, and the effective date of Ordinance will
not occur until August 9, 1990 or
after; and WHEREAS, the City Council has determined that
the public health, safety and welfare is best served if the new
program of inspections and permits designed to minimize risk of
damage to persons, vehicles and streets as set forth in this
Ordinance No.16-90 becomes effective immediately and remains in
effect until the provisions of Ordinance No. 15-90 become
effective on or
after August 9, 1990.NOW, THEREFORE, 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 Chaoter 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 Overwe.iCfht~ Oversi2C1 'tT~h-i,...'~
C!Eauipment - Permit Reauired. 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 the 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
exceed-ing 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.Ord No. 16-
3.A street sweeper and/or water truck may be required on
he job s~~e ~o m~~iga~e effec~s of dirt, mud, dust and
debris on the roadway.
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 Aoolication - 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,3-
Ord No. 16-90
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
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 deter-
mine 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 - Bondina - Insurance Reauirement.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:The
facts constituting
the adoption of this Ordinance as an urgency measure are
that the city Council has determined that the regulation of overweight
and oversized vehicles and dirt hauling operations must be
rigorously regulated to protect lives and pro-perty. The revised
permit processing and fee schedules set forth in this Ordinance
No. 16-90 enhance regulation of these potentially dangerous activities.
Although Ordinance No. 15-90 has begun the adoption
process, it cannot become effective before August 9, 1990 at
the earliest. The public health, safety and welfare require that
Ordinance No. 16-90 be adopted as an urgency measure in
accordance with California Government Code section 36937.
Ord No. 16-90
4-
section III:
This Interim Ordinance No. 16-90 shall become
effective immediately upon adoption and shall remain in full force and
effect until ordinance No. 15-90 becomes effective. At that
time Interim Ordinance No. 16-90 shall become null and
void without further action of
the City Council.Adopted this 10th day of .T,,
1 y 1990.
DON E. SMITH
Mayor
of the 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 Interim Ordinance adopted as an urgency measure was introduced,
duly passed and adopted at the regular meeting of the city
Council held on the 10th day of July , 1990, by the following
vote, to wit:AYES:COUNCIL MEMBERS: STEINER,
BARRERA, BEYER, COONTZ NOES:
COUNCIL MEMBERS: NONE ABSENT:COUNCIL
MEMBERS: MAYOR SMITH ABSTAIN:
COUNCIL
MEMBERS: NONE c1 ty Clerk thtV C.
of Orange dg 5-Ord No.
16.
90