Number:
010677
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to permits, insurance coverage and special investigation fee for vehicles and loads of excessive size and weight.
Sections
81-49.5-5 cr
101-5-1 am
101-5-2 am
101-5-3 rp
101-5.5 cr
Analysis
This ordinance amends s. 101-5 and creates s. 105-5.5 in order to conform city provisions relating to excessive size, weight and load permits with state statute and department of transportation administrative code. The ordinance makes more restrictive the total width, overall height and overall length of vehicles required to obtain a permit to operate on a highway within the city. In addition, a permittee is required to certify that a specific insurance coverage or bond will be in effect for the vehicle and load designated in the permit. Section 81-49.5-5 is also created to provide for a special investigation fee for excessive size, weight and load permits.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-49.5-5 of the code is created to read:
81-49.5 Engineer Service Fees.
5. Special investigation fee for excessive size, weight and load permits: $35 per hour or fraction thereof.
Part 2. Section 101-5-1 and 2 of the code is amended to read:
101-5. Size>>, Weight <<and Load.
1. ADOPTION OF STATE LAW. The city of Milwaukee adopts ch. 348, Wis. Stats., [[1969]]>>1999-2000<<, and all subsequent amendments thereto defining and describing regulations for which the penalty for violation thereof is a forfeiture only including penalties to be imposed.
2. PENALTY. Upon conviction of a violation of any section of ch. 348, Wis. Stats., [[1969]]>>1999-2000<<, so adopted, the court shall enter a judgment of forfeiture against the violator, payable to the city, within a range of forfeitures provided by statute for violation of such section in addition to [[taxable]] costs >> of prosecution << and in default of payment thereof order confinement in the county jail or house of correction until such forfeiture and costs are paid, but not to exceed 30 days.
Part 3. Section 101-5-3 of the code is repealed.
(Note: The provisions being repealed read as follows:
3. PERMITS. a. The commissioner of public works is authorized to issue single trip permits for vehicles and loads of excessive size and weight as provided in this chapter. Such a permit is required for vehicle and loads which have not been issued an annual permit by the state of Wisconsin, except as set forth in par. e.
b. A separate permit shall be required for each trailer used by any permittee.
c. The commissioner of public works shall require the person, firm or corporation making application therefor to furnish a bond or certified check in a suitable sum, running to the city of Milwaukee, and conditioned to save the city harmless from any claim, loss or damage that may result from the granting of such permit or that may arise from or on account of any act done pursuant thereto, and further conditioned that the grantee shall restore to a condition satisfactory to the commissioner of public works any pavement, bridge, culvert, sewer pipe or other improvement that may be injured by reason of the transportation of such heavy article, under such permit. If, after the articles have been transported over the highway, no damage is found to have resulted therefrom, the certified check or bond shall be returned to the person, firm or corporation furnishing same, but in the event of any damage having resulted therefrom, the commissioner of public works shall report the same, or if necessary, replace the damaged portion of the highway, and the cost thereof shall be paid by the owner of the vehicle causing such damage and for failure to pay such costs the commissioner of public works shall deduct the same from the proceeds of the certified check or shall enforce the bond and for that purpose may maintain an action upon such bond.
d. Every such permit shall designate the route to be traversed and may contain any other condition or restriction deemed necessary by the commissioner of public works. Whenever the commissioner or public works deems it necessary to have a traffic officer accompany such vehicle through the city an additional fee for the officer's service shall be paid by the person to whom the permit is issued. See ch. 84 for said fee.
e. No person may operate on a highway within the city any vehicle having a total width in excess of 12 feet, an overall height in excess of 14 feet, an overall length in excess of 75 feet, or a weight of more than 80,000 pounds, even if an annual permit has been issued by the state of Wisconsin, without obtaining a permit from the commissioner of public works. Such permit shall contain the route to be traversed. A fee for the services of a traffic officer accompanying such vehicle through the city shall be paid by the person to whom the permit is issued.)
Part 4. Section 101-5.5 of the code is created to read:
101-5.5 Excessive Size, Weight and Load Permit.
1. REQUIRED BY VEHICLE OPERATOR. a. No person may operate on a highway within the city any vehicle having a total width in excess of 8-1/2 feet, an overall height in excess of 12-1/2 feet, an overall length in excess of 65 feet, or a total weight of more than 80,000 lbs., even if a permit has been issued by the state of Wisconsin, without obtaining a permit from the commissioner of public works.
b. A permit is valid only for the vehicle and load described in the application and permit.
c. A fee shall be paid in accordance with s. 81-80 prior to issuance of the permit.
d. The commissioner of public works may waive the requirement of a permit for vehicles with an overall height less than 13-1/2 feet upon proper application.
2. INSURANCE AND LIABILITY CONDITIONS. a. A permittee shall certify, and may be required to present satisfactory written evidence, that the following insurance coverage or a bond in a form satisfactory to the commissioner of public works will be in effect for the vehicle and load designated in the permit while operating on the public highway, unless this requirement is expressly waived by the commissioner of public works:
Bodily injury liability - each person $150,000
Bodily injury liability j- each accident $450,000
Property damage liability - each accident $300,000
or, Combined single limit $750,000
b. A permittee shall hold the city, its officers, employes and agents harmless from any claim which may arise from granting of the permit or which may result from operation over public highways under the permit.
c. A permittee shall pay any claim for any bodily injury or property damage resulting from operation under the permit for which the permittee is legally responsible.
3. GENERAL CONDITIONS AND REQUIREMENTS. a. The permit shall designate the route to be traversed and may contain any other condition or restriction deemed necessary by the commissioner of public works.
b. The commissioner of public works may for good cause suspend or revoke the permit or may decline to issue additional permits.
c. When a vehicle operating under a permit is overheight, the permittee shall give prior notice to the owners of overhead wires, cables, structures or other facilities which may be affected.
d. When a vehicle operating under a permit is overheight, the permittee is responsible for ensuring that the vehicle clear, by at least 3 inches, all overhead structures along the route.
e. The commissioner of public works may require a traffic officer to accompany a vehicle operating under a permit through the city if the vehicle has a total width in excess of 12 feet, an overall height in excess of 13-1/2 feet, an overall length in excess of 65 feet, or a total weight in excess of 150,000 pounds. An additional fee for the officer's service shall be paid by the permittee in accordance with s. 81-80 prior to issuance of the permit.
f. Permits shall be carried on the vehicle during operations so permitted and presented to any city official upon request.
g. A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit.
h. The granting of a permit shall not be considered as a guarantee of the sufficiency of any highway or structure transported upon.
i. The commissioner of public works shall charge a special investigation fee when it is deemed necessary because of the size or weight of the load or of the route to be traveled. The fee shall be charged for services including but not limited to bridge load calculations and field measurements. The special investigation fee shall be paid by the permitee in accordance with s. 81-49.5.
j. The commissioner of public works shall charge an additional fee for the actual cost incurred for protecting, adjusting, moving, or otherwise altering city facilities to accommodate the movement of excessive loads.
3. PENALTY. Any person who violates any provision of this section shall upon conviction forfeit not less than $50 nor more than $500 together with costs of prosecution, or in default of payment may be imprisoned in the county jail or house of correction for a period not to exceed 20 days.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_______________________
Office of the City Attorney
Date:____________________
Requestor
CITY ATTORNEY
Drafter
LRB01345-1
RGP
8/07/01