Chapter 9.74
VEHICULAR LOAD LIMITS ON MOE HILL ROAD
Sections:
9.74.010 Weight restrictions imposed on Moe Hill Road.
9.74.020 Speed limit established.
9.74.020 Vehicle exceptions—Speed limit.
9.74.030 Special permit exceptions.
9.74.040 Exceptions to granting of permit.
9.74.010 Weight restrictions imposed on Moe Hill Road.
There is imposed a weight limit of twenty-six thousand pounds for any vehicle, or combination of vehicles, including farm machinery, trucks, etc., travelling upon Sumas city streets known as “Victoria Court” and “Barker Avenue” (“Moe Hill Road”). (Ord. 1147 § 1, 1995)
9.74.015 Speed limit established.
There is established a maximum speed limit of fifteen miles per hour upon the city streets Victoria Court and Barker Avenue, also blown collectively as “Moe Hill Road,” provided that vehicles subject to the exception established in Section 9.74.020 shall continue to be governed by the speed limit established therein. (Ord. 1291 § 1, 1999)
9.74.020 Vehicle exceptions—Speed limit.
The restrictions as contained in this chapter shall not prohibit the operation of emergency vehicles or utility repair vehicles, provided that such excepted vehicles, if exceeding the twenty-six thousand pound limit, shall travel at a speed not greater than five miles per hour on Moe Hill Road. (Ord. 1147 § 2, 1995)
9.74.030 Special permit exceptions.
The city utility superintendent (“superintendent”) is authorized to issue special single-day permits (“permits”) as an exception to the weight restriction as set forth in this chapter, and is authorized to set such conditions regarding weight, speed and liability guarantees as the superintendent finds reasonable and necessary to indemnify and reimburse the city for any liability and/or damage to Moe Hill Road. The conditions as may be imposed on single-day permits shall include:
(1) Restriction on vehicle speed limit to ten miles per hour or less;
(2) Both the vendor (owner, person or entity responsible for the vehicle and load to which the special permit relates) and the “owner” (Moe Hill property owner benefitting from or requesting the vehicle to be permitted hereunder) must specifically agree in writing to:
(A) Indemnify the city against any and all damage that may occur to the road as a result of the overweight vehicle travelling thereon,
(B) Release the city from any and all claims, losses, injuries, harm, liability, damages, costs, charges and expenses arising from or in connection with the operation of the overweight vehicle as permitted hereunder, and
(C) Indemnify and hold harmless the city, its employees and agents, from and against any and all third party liability claims, losses, injuries, harm, damages, costs, charges and expenses incurred by or against the city arising from or in connection with the granting and use of the permit. (Ord. 1147 § 3, 1995)
9.74.040 Exceptions to granting of permit.
(a) No permit shall be authorized for:
(1) Vehicular loads in excess of sixty thousand pounds;
(2) Vehicular use between the hours of eight p.m. and seven a.m.; and
(3) When, in the estimation of the superintendent, the ground and weather conditions are not right for the vehicular load in question.
(b) Anyone wishing to obtain a permit for a load exceeding sixty thousand pounds may do so if he provides the city with a detailed soil stability analysis of the roadway, including subsurface exploration, indicating that there is no risk to either the vehicle carrying the load nor the road for the vehicular weight in excess of sixty thousand requested. (Ord. 1147 § 4, 1995)
9.74.050 Violation—Penalty.
Every person guilty of a violation of this chapter shall be guilty of a misdemeanor and shall be liable, on conviction, to a penalty of not more than one thousand dollars or to imprisonment for not more than ninety days, or both. (Ord. 1147 § 5, 1995)