Chapter 10.38


10.38.010    Purpose.

10.38.020    Definitions.

10.38.025    City engineer authorization.

10.38.030    Incorporation of state requirements.

10.38.040    Permits required for through hauling or overweight conditions.

10.38.045    Weight limits established.

10.38.050    Exemptions from weight limitations.

10.38.060    Notice.

10.38.070    Penalty.

*Code reviser’s note: Ordinance 96-009 adds these provisions as Chapter 10.34. The chapter has been editorially renumbered to prevent duplication of numbering.

10.38.010 Purpose.

The purpose of this chapter shall be to protect and preserve the existing and future residential and collector streets within the city by establishing weight limits and regulating construction and commercial truck through hauling on residential and collector streets. (Ord. 96-009 § 1).

10.38.020 Definitions.

A. “Construction and commercial truck” shall mean any three- or greater-axle vehicle, any dual-axle tandem, rear tire vehicle, or vehicle with a load rating greater than 20,000 gross vehicle weight (GVW).

B. “Through hauling” shall mean vehicle travel through an area without planned stops for the delivery, receiving or exchange of goods, materials or equipment.

C. “Weight limit” shall mean the total vehicle weight limitation allowed on residential and collector streets as defined in this chapter.

D. “Residential and collector streets” shall mean all public streets within the city except those major arterial roadways as specified in RIMC 12.24.020.

E. “Street use permit” shall mean the right-of-way work permit issued under Chapter 12.04 RIMC, for work within the public right-of-way or for operations that may impact public improvements within the public right-of-way.

F. “City engineer” shall mean the director of public works or authorized city staff acting on his behalf. (Ord. 96-009 § 1).

10.38.025 City engineer authorization.

The city engineer may impose those restrictions authorized by RCW 46.44.080 and 47.48.010, as now exist or as may be hereafter amended, for a designated period of time, which period may be indeterminate, where in the opinion of the city engineer a city street will be seriously damaged or destroyed by reason of rain, snow, climatic or other conditions, or unrestricted or continued use by vehicles or any class of vehicles will greatly damage the city street, or will be dangerous to traffic, or where the city street is being constructed, altered, repaired, improved, or maintained in such a manner as to require that use of the city street or any portion thereof be closed or restricted for any period of time. (Ord. 96-009 § 1).

10.38.030 Incorporation of state requirements.

Revised Code of Washington (RCW) Sections 46.44.100, Enforcement – Weighing and lightening, and 46.44.105, Enforcement procedures – Penalties – Rules, and all sections associated with these sections as now exist or as may be hereafter amended are incorporated herein and shall be included in this chapter where applicable. (Ord. 96-009 § 1).

10.38.040 Permits required for through hauling or overweight conditions.

A. No construction or commercial truck shall be permitted to exceed weight limits specified in this chapter or through haul material, goods, or equipment over a residential or collector street unless a city street use permit has first been issued. Each construction or commercial truck shall require a separate permit, except that one permit may be issued for a designated site project at the city engineer’s discretion.

B. Application for a street use permit must be submitted to the city engineer at least five working days prior to any proposed overweight or through hauling. The city engineer will review the permit application and issue or deny a street use permit within the five-day period. The street use permit shall be subject to all the terms and conditions of Chapter 12.04 RIMC.

C. Construction or commercial trucks delivering or receiving goods, material or equipment within the residential and commercial area or along residential or collector streets, shall be allowed access to such areas or streets without street use permits unless a city street use permit is otherwise required for a designated site project.

D. Street use permits shall be prominently displayed in the lower right-hand front windshield. (Ord. 96-009 § 1).

10.38.045 Weight limits established.

The weight limit for all residential and collector streets within the city shall be as follows:

All residential streets     20,000 GVW

All streets as listed in RIMC
12.24.030 as now exist
or as hereafter amended    30,000 GVW

(Ord. 96-009 § 1).

10.38.050 Exemptions from weight limitations.

The following vehicle types and usage are exempt from the weight limits established in this chapter:

A. Public transportation and school buses;

B. Public and private emergency vehicles;

C. Public utility companies and associated contracted services, provided that the termination for the trip is within the city limits;

D. City vehicles or other vehicle providing services for the city, including but not limited to contract services, waste collection, and public and private mail service;

E. Retail delivery trucks;

F. Moving vans;

G. Use within the business district;

H. Private residential services including but not limited to lawn care services, construction and landscaping material delivery, and home improvement services. (Ord. 96-009 § 1).

10.38.060 Notice.

A. The city engineer shall cause to be erected signs designating the provisions of this chapter at each end of any residential or collector street or the entry to any cul-de-sac subject to the weight limits established by this chapter, as now or hereafter amended.

B. The city engineer shall cause to be published in one issue of a newspaper of general circulation within the city, and to be posted at each end of any residential or collector street or the entry to any cul-de-sac subject to the weight limits established by this chapter, as now or hereafter amended, the notice required by RCW 47.48.020 at least three days before such weight limits shall take effect. (Ord. 96-009 § 1).

10.38.070 Penalty.

The general penalties provided for in RCW 46.44.105 as now exist or as may be hereafter amended (where applicable), but not less than a $150.00 fine, shall apply to any violation of this chapter, and any person, firm, corporation, or association failing to comply with any of the provisions of this shall be guilty of a misdemeanor. (Ord. 96-009 § 1).