Chapter 12.28
ROAD USE RESTRICTIONS

Sections:

Article I. Generally

12.28.010    Coasting by children.

12.28.020    Gravel roads.

12.28.030    Bridge weight restrictions.

12.28.040    Clear view triangle.

12.28.045    Public right-of-way, ingress and egress.

Article II. Emergency Load Limitations—Special Vehicle Permits

12.28.050    Purpose.

12.28.060    Scope and construction of terms.

12.28.070    Definitions.

12.28.080    Emergency load limitations.

12.28.090    Special allowance for authorized vehicles.

12.28.100    Special permits for authorized vehicles.

12.28.110    Vehicle combinations.

12.28.120    Maximum speed permitted on posted roads.

12.28.130    Violation—Penalty.

12.28.140    Action for damage.

Article III. Haul Route Agreements

12.28.150    Procedure.

Article I. Generally

12.28.010 Coasting by children.

By authority of the general powers vested in the board, all county roads are closed to children coasting and the county shall not be liable for any injury or damage arising from such coasting, except as to those certain roads which may be officially designated by the board for such use and which are blocked off and so posted. (Prior code 10.08.020)

12.28.020 Gravel roads.

By authority of the general powers vested in the board, the same restrictions which apply to the use of bituminous-surfaced roads in the county are hereby extended to graveled and graded and drained roads, the restrictions to take effect March 14, 1955. (Prior code 10.08.010)

12.28.030 Bridge weight restrictions.

The following weight restrictions are declared a public necessity and in the interest of safety the public works director is directed to erect the proper signs with the posted weight restrictions for the following bridges:

Bridge Name

Location

Posted Weight Restrictions

 

 

H-15

Type 3

Type 32

 

 

(tons)

(tons)

(tons)

Fourth St. N.E.

Sec. 12, T22N, R20E, W.M.

15

21

33

Elva Way

Sec. 13, T22N, R20E, W.M.

16

23

The weight restrictions shall be in effect immediately and shall remain in force until January 1, 1987 or until such time as the bridges are repaired, replaced or otherwise removed by action of the board of county commissioners. Any person violating specific weight limitations is guilty of a misdemeanor. (Ord. PW 86-2A)

12.28.040 Clear view triangle.

A.    A clear view triangle shall be maintained for vision safety purposes on all corner lots, driveways, intersecting public/private roads and pedestrian trail systems. No fence, sign, utility structure, associated landscaping or any other sight obstruction between forty-two inches to eight feet in height above the existing road grade shall be placed or maintained within the triangle.

B.    The clear view triangle at:

1.    Road intersections shall meet the standards set forth in the Washington State Department of Transportation Design Manual as administered by the county engineer.

2.    A driveway or pedestrian access intersecting with a road right-of-way shall be determined by measuring fifteen feet along the road right-of-way and fifteen feet along the edges of the driveway beginning at the respective points of the intersection. The third side of each triangle shall be a line connecting the end points of the first two sides of each triangle.

C.    The county engineer may require modification or removal of structures or landscaping located in required yards or the clear view triangle, if:

1.    Such improvements prevent adequate sight distance to drivers at road intersections or when entering or leaving a driveway; and

2.    No reasonable driveway relocation alternative for the affected lot is feasible. (Ord. TLS 13-11-40B Exh. B (part): Ord. TLS 03-01-01B Exh. B (part))

12.28.045 Public right-of-way, ingress and egress.

A.    Ingress and egress to all commercial, industrial, multifamily, and conditional use developments shall have access to a public road with a right-of-way of not less than sixty feet in width (or to the dedicated one-half thereof).

B.    Ingress and egress to a lot, tract or parcel shall be a minimum of one hundred fifty feet from the intersecting roads as measured from the property corner. Access shall be prohibited on all roads designated as local access roads that abut a residential or agricultural district.

C.    Points of ingress and egress to a lot, tract, or parcel shall have a minimum separation from each other of one hundred feet as measured from the edge of the driveway, unless otherwise approved by the county engineer. In addition, the applicant shall demonstrate that additional driveways are needed due to the amount of traffic generated by the project, traffic distribution patterns, impacts to the county road system and public safety. (Ord. TLS 03-01-01B Exh. B (part))

Article II. Emergency Load Limitations —Special Vehicle Permits

12.28.050 Purpose.

It is declared to be the policy of the board of county commissioners, recognizing the close relation between climatic or other conditions and the damage or destruction to county roads:

A.    To establish emergency load limitations upon county roads to become effective during such periods;

B.    To establish special load limitations for school buses, motor trucks transporting perishable commodities or commodities necessary to the health and welfare of county residents, and motor vehicles providing services necessary to the health and welfare of county residents when such emergency load limitations are in effect; and

C.    To request the Washington State Patrol’s assistance with weight control enforcement. (Ord. PW 88-6B § 1)

12.28.060 Scope and construction of terms.

Terms used in this article shall have that meaning given to them in this article, and where not defined herein shall have that meaning clearly indicated by the context in which such terms are used. (Ord. PW 88-6B § 2)

12.28.070 Definitions.

As used in this article:

1.    “Authorized emergency vehicle” means any vehicle of any fire department, police department, sheriff’s office, coroner, prosecuting attorney, Washington State Patrol, ambulance service, public or private, which need not be classified, registered or authorized by the State Commission on Equipment, including any other vehicle authorized in writing by the State Commission on Equipment, or deemed by the above-named departments, offices and agencies as necessary to assist in the handling of any such emergency.

2.    “Commodity necessary for health and welfare” means any service provided to the public which is necessary to provide essential shelter, food and fuel to people and animals.

3.    “County road” means every public roadway or part thereof, maintained by the department of public works, lying outside the limits of incorporated cities and towns, and which has not been designated as a state highway as that term is defined in RCW 45.04.01 (36) as now or hereafter amended.

4.    “Gross weight” means the total vehicle weight including load.

5.    “Motor truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, animals or other materials.

6.    “Motor vehicle” means every vehicle or vehicle combination which is self-propelled.

7.    “Perishable commodity” means a product of agriculture, aquaculture or manufacture which by its nature is subject to destruction, decay, deterioration or spoilage except under proper conditions.

8.    “Person” means every natural person, firm, copartnership, corporation, association or organization.

9.    “Pneumatic tire” means every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.

10.    School bus” means every motor vehicle used regularly to transport children to and from school which is subject to the requirements set forth in the most recent edition of “Specifications for School Buses” published by the State Superintendent of Public Instruction.

11.    “Service necessary to the health and welfare” means any service provided to the public which is necessary to maintain essential power, gas, communications, garbage, sewer and water services for the community at large.

12.    Tire width,” in the case of pneumatic tires, means the maximum overall normal inflated width as stipulated by the manufacturer when inflated to the pressure specified and without load thereon.

13.    Vehicle” means every device capable of being moved upon a public highway, and in, upon or by which any person or property is or may be transported or drawn upon a public highway. (Ord. PW 88-6B § 3)

12.28.080 Emergency load limitations.

A.    When in the opinion of the county engineer any county road will be seriously damaged or destroyed by reason of freeze and thawing conditions, or other conditions, unless the operation of vehicles thereon is restricted or the permissible weight thereof is reduced, no person shall operate upon any county road any vehicle, except an authorized emergency vehicle, with a gross weight upon any tire concentrated upon the surface of the county road in excess of the following load limitations:

RED RESTRICTIONS

Conventional Tires

Size Tire Width

Gross Load Each Tire

7.00*

1800 lbs.

7.50

1900 lbs.

8.25

2250 lbs.

9.00

2750 lbs.

10.00

2750 lbs.

11.00**

3000 lbs.

 

Tubeless or Special With .5 Marking

Size Tire Width

Gross Load Each Tire

8-22.5*

1800 lbs.

9-22.5

1800 lbs.

10-22.5

1900 lbs.

11-22.5

2250 lbs.

11-24.5

2750 lbs.

12-22.5

3000 lbs.

* And Under

** And Over

    If vehicle has 10.00 or wider tires on the front axle and otherwise qualifies for a permit, vehicle may be allowed to have 10,000 pounds gross on said front axle under severe loading restrictions.

B.    The emergency load limitations imposed by this section shall become effective upon the erection and maintenance by the department of public works of signs designating limitations at each end of the affected portion of county road, and shall remain in full force until such signs are removed at the direction of the county engineer. (Ord. PW 88-6B § 4)

12.28.090 Special allowance for authorized vehicles.

A.    When any emergency load limitation as defined in this article is in effect on any county road, school buses and motor trucks transporting perishable commodities or commodities necessary to the health and welfare of county residents are permitted to exceed the emergency load limitation; provided, that the gross weight of such vehicle shall not exceed that amount determined by multiplying the total number of tires concentrated upon the surface of the road times the maximum allowable gross weight per tire.

B.    No allowance shall be made for any second gear axle suspended from the frame of the vehicle independent of the regular driving axle, otherwise known as “rigid trail-axles.” Allowance will be made for single tires only on the front of any truck. The load distribution on any axle of a vehicle shall be such that it will not load the tires on said axles in excess of the prescribed load, as set forth above. Any loading in excess of the specified maximums will be considered a violation of this order. If the motive power for any type of trailer is inadequate to safely handle the specified maximum load as listed herein for such trailer, then in that event, the load on the trailer shall be reduced sufficiently to allow said truck and trailer to operate with safety.

RED RESTRICTIONS

Conventional Tires

Size Tire Width

Gross Load Each Tire

7.00*

1800 lbs.

7.50

2000 lbs.

8.25

2200 lbs.

9.00

2600 lbs.

10.00

3200 lbs.

11.00**

3600 lbs.

 

Tubeless or Special With .5 Marking

Size Tire Width

Gross Load Each Tire

8-22.5*

1800 lbs.

9-22.5

2200 lbs.

10-22.5

2600 lbs.

11-22.5

3200 lbs.

11-24.5

3200 lbs.

12-22.5**

3600 lbs.

*And Under

**And Over

Providing further, that where circumstances concerning a proposed move would constitute an undue hardship, the county engineer or his designee is authorized to issue special permits allowing such vehicle to exceed the gross weight limits of this section, such permit to specify, but not be limited to, time of movement and specific route information consistent with protecting the county roads from serious damage. (Ord. PW 88-6B § 5)

12.28.100 Special permits for authorized vehicles.

A.    In accordance with RCW 46.44.092 and RCW 46.44.093, the county is authorized to issue or withhold special permits for the operation of a vehicle or combination of vehicles exceeding the maximum specified in this article upon any county road within the county, as follows:

1.    School buses (no extracurricular activities);

2.    Trucks hauling produce and perishables. To obtain a permit, the driver must show proof that at least fifty percent of the load is fresh produce and/or perishables;

3.    Garbage pickup required for health, e.g., schools, hospitals and institutions;

4.    Dead animal services required for health reasons;

5.    Emergency equipment vendors hauling medical supplies (gases, drugs etc.);

6.    Feed trucks — one-trip basis only;

7.    Fuel and chemical trucks — one-trip basis only, allowed to haul half-loads on an emergency basis;

8.    Septic tank dumping — emergency basis, one trip only.

B.    Permits will be issued on a trip-by-trip basis unless otherwise allowed herein.

C.    Any vehicle requiring an overload permit shall not exceed thirty-five miles per hour on any severe restricted road.

D.    Tires over eleven inches in width may be issued an overload permit for loads up to five thousand two hundred fifty pounds per tire, or three thousand pounds plus four hundred pounds per inch of tire in excess of eleven inches, whichever is the lesser amount.

E.    Where a specific hardship occurs, overload permits will be considered on a case-by-case basis.

F.    The county engineer, at his discretion, shall issue such special permits in accordance with the provisions of this article but reserves the right to alter the provisions concerning issuance of such permits; provided, that (1) said changes are made to more closely coordinate with established rules by the Washington State Department of Transportation for state routes within the county, and (2) not making said changes to coordinate with the Department of Transportation would make enforcement of provisions significantly more difficult for the Washington State Patrol and other enforcing agencies. (Ord. PW 88-6B § 6)

12.28.110 Vehicle combinations.

When computing the maximum allowable gross weight of motor vehicles during periods of emergency load limitations as provided for in Section 12.28.090, each vehicle, whether solo or part of a vehicle combination, shall be considered separately, except for semi and pole trailers, which may be considered as part of the towing vehicle if the load being carried by such a combination is supported equally, plus or minus ten percent, by both the trailer and the towing vehicle. (Ord. PW 88-6B § 7)

12.28.120 Maximum speed permitted on posted roads.

Except where applicable law or regulation specifies a lower speed, no person shall operate any vehicle at a speed in excess of thirty-five miles per hour upon any county road posted as to its emergency load limitation. (Ord. PW 88-6B § 8)

12.28.130 Violation—Penalty.

Operation of any motor vehicle in violation of this article shall be a traffic infraction under the provisions of RCW 46.44.080 and RCW 46.44.105 and shall be subject to assessment of a monetary penalty of not less than one hundred fifty dollars. (Ord. PW 88-6B § 9)

12.28.140 Action for damage.

Any person operating a motor vehicle upon any county road in violation of any provision of this article shall be liable, in a civil action instituted in the name of the county, for any damage occasioned to any county road as the result of disregarding any load limitation and using such county road, or portion thereof, with any vehicle or any class of vehicle to which the same is closed as provided under RCW 46.44.110 and RCW 46.44.120. (Ord. PW 88-6B § 10)

Article III. Haul Route Agreements

12.28.150 Procedure.

Existing, expanded or new hauling operations which may cause accelerated deterioration and additional maintenance cost to Douglas County shall be required to enter into a haul route agreement with Douglas County public works department, and the following procedure is established to implement agreements, inspect haul routes, develop estimates for additional maintenance costs and terminate agreements:

A.    The contractor shall apply to Douglas County public works department before commencing any new or expanded hauling operations.

B.    The contractor shall prepare a road use plan.

C.    The contractor and county shall conduct a joint preinspection to determine the existing condition of the road prism.

D.    The county shall complete a preinspection report of the haul route.

E.    The contractor shall enter into a haul route agreement with the county before commencing or expanding hauling operations.

F.    The contractor shall immediately notify the county in writing if any changes in the hauling operation occur.

G.    The county shall make annual inspection reports of the haul route and determine the amount of reimbursement for additional maintenance resulting from the hauling operation.

H.    The contractor shall reimburse the county for those additional maintenance and other costs associated from the hauling operation.

I.    The contractor shall notify the county in writing at the completion of the hauling operation and the county shall conduct a joint post inspection of the haul route with the contractor.

J.    The contractor shall reimburse the county for additional maintenance costs resulting from hauling operation and the county shall terminate the haul route agreement. (Ord. 93-01-49B)