Chapter 10.32
SIZE AND WEIGHT LIMITS
Sections:
10.32.020 Powers of city council.
10.32.030 Authority of the city manager.
10.32.040 Procedures for granting permits.
10.32.050 Appeal from city manager’s denial.
10.32.060 Violations—Penalties.
10.32.010 Definitions.
As used in this chapter:
“City” means the city of Sutherlin.
“Council” means the governing body of the city.
“Manager” means the city manager or the manager’s designee.
“Person” means every natural person, firm, corporation, partnership or association.
“Size limit” means any limitation on the length or width of any vehicle, measured from the points creating the greatest length or breadth of the vehicle.
“Truck” means any motor truck as defined in ORS 801.355 which has six or more wheels, any semitrailer as defined in ORS 801.475, any truck tractor as defined in ORS 801.575, or a truck trailer as defined in ORS 801.508.
“Vehicle” means every vehicle subject to the Oregon Vehicle Code.
“Weight limit” means any limitation on the total gross vehicular weight of a vehicle, or on the gross vehicular weight of a vehicle divided proportionately among the load bearing axles of the vehicle.
As used in this chapter, the singular includes the plural and the masculine includes the feminine. (Ord. 864 § 1, 1989)
10.32.020 Powers of city council.
A. The council may designate by resolution the following traffic controls which shall become effective upon installation of appropriate traffic signs, signals, markings or devices:
1. Parking meter zones, denomination of coins for deposit in parking meters, the parking time permitted for the deposit of coin and the hours during which the deposit of coin is required;
2. Through streets;
3. One-way streets;
4. Truck routes.
B. Except where contrary to state law, if it appears that public safety or welfare does not require the installation or maintenance of a traffic sign, signal, marking or device, or is better served by the removal or alteration thereof, the council by resolution may forbid the installation or order the removal of alteration of any traffic sign, signal, marking or device that is proposed or installed under this section. Such traffic controls shall become inoperative only when removed or altered.
C. Except on state highways subject to regulation by the state of Oregon, the council by resolution may designate specific weight limits for trucks and all other vehicles traveling on any bridge, street or streets within the corporate limits of the city. In determining the weight limits the council may consider:
1. The physical design and structure of the street or bridge;
2. The expected frequency of loads at or above the recommended weight capacity of the street or bridge;
3. The recommendation of the manager; and
4. Additional factors that the council may consider relevant to the designation of weight limits.
D. The council by resolution may designate several streets as having the same weight limits. The council may by resolution establish weight limits for:
1. Arterial/collector streets;
2. Primary streets;
3. Secondary streets.
Nothing in this section shall prevent the council from establishing different weight limits for any portion of a street.
E. Where the council finds that the interest and safety of the general public require such limits, the council by resolution may establish maximum size limitations on trucks and all other vehicles for any street within the corporate limits of the city.
F. The weight and size limitations imposed by the council shall become effective when appropriate signs giving notice of the limitations are erected.
G. Vehicles which would otherwise be subject to the limitations imposed by the council shall not be required to obtain a permit for the use of any street when that use is limited to picking up goods from or delivering goods to a specific location within a residential area, or when the use is limited to traveling the shortest practical route to make such a pickup or delivery. For purposes of this section, a residential area shall be a block where more than half the buildings are used as single-family or multifamily residences. (Ord. 864 § 2, 1989)
10.32.030 Authority of the city manager.
A. The manager shall determine the location of notices of weight and size limitations in compliance with the requirements of state law.
B. The manager may grant a permit to any person to exceed the posted weight or size limits on any street.
1. The manager shall grant a permit only where the manager finds that there are special circumstances which justify the permit and that the needs of the city for well maintained and safe streets are adequately protected.
2. The manager may impose requirements and conditions on any permit. These requirements and conditions may include, but are not limited to the following:
a. The payment of fees adequate to cover the cost of administering the permit program and the cost of continued inspection to discover the existence of any damage caused by permitted activity;
b. A permit may limit the applicant’s operations to a portion of any street or to a particular route within the city;
c. A permit may be valid for a single trip, a number of trips or for continuous operation;
d. A permit may establish limitations on the hours, day or season of operation;
e. The manager may require the applicant to furnish public liability and property damage insurance in an amount fixed by the manager.
f. The manager may require the applicant to furnish indemnity insurance or an indemnity bond sufficient to indemnify the city for any damage to the streets where the applicant is authorized to operate and sufficient to indemnify the city, the manager and any city employee from any claim that might arise out of the granting of the permit and the use of the streets under the permit; and
g. The manager may require any additional terms, limits or conditions that are necessary or desirable for the protection of the streets and the public interest.
3. Where the manager finds that an applicant seeks a permit to make a specific pick-up or delivery of items to any location within the city, or to carry on a general service of such character, the manager may waive any requirement otherwise imposed on applicants, except the manager shall not issue any permit not in compliance with ORS 818.220.
C. The manager shall establish by rule all fees necessary to provide for the costs of administering a permit program for size and weight limitations and all other rules necessary for the implementation of a permit system. (Ord. 864 § 3, 1989)
10.32.040 Procedures for granting permits.
Within ten days after an application is filed on a form provided by the city and all required application fees are paid, the manager shall:
A. Issue a permit allowing any person exceed the posted size or weight limitations on any street or streets within the city if the manager determines that the issuance of the permit is in the public interest and is consistent with the criteria set forth in Section 10.32.030 or in any rule issued in accordance with Section 10.32.030.
B. Deny a permit and provide the applicant a written statement containing the basis of the denial. Any permit not granted within ten days shall be deemed denied. (Ord. 864 § 4, 1989)
10.32.050 Appeal from city manager’s denial.
A. An applicant may appeal the city manager’s permit denial to the city council by filing a written notice of appeal with the city manager within thirty (30) business days from the date of the denial.
B. The council shall hear and determine the appeal at its first regularly scheduled meeting occurring after receipt of the notice of appeal. The decision of the council shall be final.
C. The appellant shall carry the burden of proving the proposed use of the city streets is consistent with the criteria of Section 10.32.030 and wherein the city manager erred in his or her denial. (Ord. 864 § 5, 1989)
10.32.060 Violations—Penalties.
A. Any person who exceeds the posted weight or size limits, except where authorized by a permit issued by the manager, and any person who violates the conditions of a permit issued by the manager under the authority granted by this chapter shall be civilly liable to the city for all damage done as a result of the violation.
B. Any person who exceeds the posted weight or size limits, except where authorized by a permit issued by the manager, and any person who violates the conditions of a permit issued by the manager under the authority granted by this chapter shall be subject to the penalties fixed by state law, including ORS 818.040 and ORS 818.130. Pursuant to ORS 809.120, the municipal court may recommend a suspension of the driving privileges of the operator of any vehicle used to violate the posted weight limits, or a suspension of the registration of the vehicle.
C. Except where state law provides a different penalty, a person who violates any provision of this chapter or a permit issued pursuant to this chapter commits a violation, and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00). (Ord. 864 § 6, 1989)