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HomeMy WebLinkAboutORDINANCES - 03041946 - 0358 ORDINANCE NO. 358 AN ORDINANCE REGULATING THE MOVING OF VEHICLES, EQUIPMENT, OBJECTS .OR CONTRIVANCES OVM AND UPON THE PUBLIC BIGMPIA'YS OF CONTRA COSTA COUNTY IN EXCESS OF IYMGHTt LOAD AND SIZE LIMITS OF THE V RHI OLE CODE OF CALIFORNIA; PROVIDING FOR PER- MITS FOR MOVING SUCH VEHICLES, EQUIPMENT, OB.TECTS. OR CON- TRIVANCES AND FOR LIABILITY FOR DAMAGE TO THE HIGHWAY AND MOVING THEREOF AND FOR PENALTIES FOR THE 'VIOLATION OF THE TEWS OF SAID PERMITS AND OF THE TERMS OF THIS ORDINANCE. The Board of Supervisors of the County of Contra Costa, State of California, do ordain as follows: SECTION 1. It shall be unlawful for any person to move over or upon any street or highway in the County of Contra Costa, as such terms are defined in the Vehicle Code of California, any vehicle, equipment, object or . contrivance in excess of the weight, load and size limits prescribed in the Vehicle Code of California, without first having obtained a permit therefor from the County Surveyor as hereinafter pre- scribed. SECTION 2. It shall be unlawful for any person to move over or upon any street or highway in the County of Contra Costa, as such terms are defined in the Vehicle Code of California, any vehicle, equip- ment, object or contrivance, the tire of which shall have on its per- iphery any block, stud, flange, cleat, ridge, bead, Browser or any other protuberance of metal wood which projects beyond the tread of the traction surface of the tire. This section shall not prohibit the use of tire chains of reasonable size to prevent skidding when upon wet surfaces or when upon snow or ice, nor shall the restrictions of this section apply to vehicles operated upon unimproved roadways when nec- essary in the construction or repair of highways, nor to traction engines or tractors when operated under the conditions of a permit first obtained from the County Surveyor as hereinafter prescribed. SECTION 3. Liability for damage to highway or bridge. Any person driving any vehicle, equipment, object or contrivance over a street, highway or bridge, shall be liable for all damages which said street, highway or bridge may sustain as a result of any illegal oper- ation, driving or moving of such vehicle, equipment, object or contri- vance or as a result of operating, driving or moving any vehicle, equipment, object or contrivance weighing in excess of the maximum weight specified in the Vehicle Code of California , but authorized by a special permit issued as provided in this ordinance. Mhenever such driver is not the owner of such vehicle, equip- ment , object or contrivance, but is so operating, driving or moving the same with the express or implied permission of said owner, then said owner and driver shall be jointly and severally liable for any such damage. Such driver, or such owner and driver jointly, as the case may be, shall also be liable for all damages which any street, highway or bridge may sustain as a result of any operation, driving or moving of any vehicle, equipment, object or contrivance which exceeds any of the limitations imposed by the Motor Vehicle Code of California, with regard to limits of size, width, length, weight and load. Such damage may be recovered in a civil action brought by the County against such person or persons causing such damage. SECTION 4. Permits, The County Surveyor may at his discretion upon application in writing and if good cause appears, issue a special permit in writing authorizing the applicant to operate or move a vehicle, equipment, object or contrivance of a size or weight of vehicle or load exceeding the maximum specified in the Vehicle Code of California , or to use corrugations on the periphery of the movable tracks on a traction engine or tractor the propulsive power of which is not exerted through wheels resting upon the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited hereunder, upon any street or highway under the jurisdiction of the County of Contra Costa. 26 The application for any such permit shall specifically describe the vehicle, equipment, object or contrivance to be operated or moved and the particular street or highway over which permit to operate is requested and whether such permit is requested for a single trip or for continuous operation. The County Surveyor is authorized to issue or withhold such permit at its discretion, or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicle, equipment, object or contrivance may be operated on the streets and highways indicated, or otherwise to limit or prescribe conditions of operation of such vehicle, equipment, object or contrivance, when necessary to assure against undue damage to the road foundations, surfaces or structures, and may require such undertaking or other security y as may be deemed necessary to protect the streets and highways and bridges from injury, or to provide indemnity for any injury resulting from such operation. Every such permit shall be carried in the vehicle, equipment, object or contrivance to which it refers and shall be open to inspection of any peace officer or traffic officer, or any other officer or employee of the County of Contra Costa charged with the care or protection of such streets and highways. It is a misdemeanor for any person to violate any of the terms or conditions of any such special permit. SECTION 5. Any person who shall violate any of the provisions of this ordinance or terms or conditions of any special permit granted under the provisions hereof , shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment. SXCTION 6. This ordinance shall tape effect and be in force from and after thirty (30) days from the date of the passage thereof and before the expiration of fifteen (15) days, it shall be published once with the names of the members voting for and against the same, in the 3. _.._..AVPTQCU jZj)a , a newspaper printed and published in the County of Contra Costa, State of California. The foregoing Ordinance was duly and regularly passed..ani adopted by the Board of Supervisors of the County of Contra Costs, of California, at a regular meeting of said 'Board, held on the I .ih......,. day of .Zs�"h , 1946, by the following vote, to-wit: AYES: Superviscars S. S. RIPLEY, H. L. CI3 INGSs RAY S. TAYLOR, W. J. BUCHANAN ANIS R. J. NOES; Supervisors - None. ABSENT: Supervisors -- None. sy Chairman of the Board 4f Superv .i Q (SEAL) of the County of Contra Costa, t4t of California. ATTEST: V%I. T. PAASCH County Clem and ax-officio Clerk of the Board of Supervisors of Contra Costa County, State of California. 4. .......... ............. ................. .................... .. ..... ..... .......... AFFIDAVIT OF PUBLICATiON J& IEEE ORDINANCE Na. 358 Rl ......................... ............. ................ M VICE In the Matter of 1. 710 County of Contra Cost7.0a .................... .......... --------------- ............. .......... -------- ...................... .............. ............ .. ........ ............. OEM R aw. Min NO STATE OF CALIFORNIA, ....... Alp ............ t limit County of Contra Costa ss, X Yll� OHM Mug Le ons 111vAla r a h e t t i .............. ........ ........... ........ ...................... ...... WFill! 1 01 of said County, being duly sworn, deposes and says: THAT ...-he is and at all times herein RAW mentioned was a citizen of the United States of Eli America, over the age of twenty-one years, and MOM that -...he is not, nor was ....he at any of they }xr#uts4rDt M. times hereinafter named a party to, nor interested in the above entitled matter; that ....he is the Rt il PRINCIPAL CLERK OF THE PRINTER of the ie nar tD1t the 04 ca LEDGER", a newspaper of general WHY of W circulation, printed and published in the City Ell! I Antioch, County of Contra Costa, State of Cali- W fornia, and which newspaper is published for the III., dissemination of local and telegraphic news and 11i intelligence of a general character, and. which lilalii pop.R. Fnt* attar .Rt V NEM newspaper at all times herein mentioned had . and still has a bona fide subscription list of paying SO!! subscribers, and which newspaper has been es- Eli tablished, printed and published at regular inter- H R vela in the said City of Antioch, County of Contra 0 E 110 1 Costa, State of California, for a period exceeding -pill. one year next preceding the date of publication !115i 1" of the notice hereinafter referred to; and which .......... newspaper is not devoted to npublished for the . or interests, entertainment, or instruction of a par- ticular class, profession, trade, calling, race or Eli, denomination, or any number of same; that theiMl notice, of which the annexed is a printed copy,....... has been published in each regular and entirefR* issue of said newspaper and not in any supple-iii! went thereof, on the following dates, to-wit: 11 ME Mill-1111 Nill HE Published 'arch 13, 1946 M4 . .............................. ................................................. 110." 111111. wr 4 06 m MW .......................................... ......... m ... 0...... ................... MAE ME E. E* . ........ .;W 401 ....... .. ......................... ........•......-•----------... ....... ........ . ........................... .......................................................... (Signed)._444-4101a.... ....... Subscribed and Sworn to before me this ............... day of--: ............... 19.!?�� /VA4 P, 7 ................................ --­­ .... 1�11D 0 -... ­ "t'r'a'---Costa,Notary Public in and for the Con oCn Sta California. Rg .............................. ........ .......................... .. . ... .......... ...................................