ORD 421
ORDINANCE NO. 421
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINT A, CALIFORNIA, ADDING CHAPTER 14.32
REGARDING ANNUAL EXTRALEGAL LOAD PERMITS
AND SPECIAL EXTRALEGAL LOAD PERMITS, TO THE
LA QUINT A CALIFORNIA MUNICIPAL CODE
WHEREAS, the City desires to implement the issuance of Annual Extralegal
Load Permits as a means to enhance efficient acquisition of permits for extralegal
loads by persons or entities engaged in the business of transport hauling; and
WHEREAS, such annual permits are authorized by state law provided the fee
for such permit is established by ordinance or resolution adopted after notice and
hearing; and
WHEREAS, the City has provided the public with notice by publishing a
notice of this hearing four times in the Desert Sun in accordance with Government
Code Section 35795; and
WHEREAS, the fee for the annual permit cannot exceed the fee adopted by
the California Department of Transportation and must approximate the City's costs
and expenses relating thereto.
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 14.32 of the La Quinta California Municipal Code
is added to read as follows:
14.32.010 Annual Extralegal Load Permits and Special Extralegal Load
Permits
The Public Works Director, or his or her designated representative, is authorized to
issue Annual Extralegal Load Permits that are valid for the balance of the calendar
year in which the permit is issued. The annual permit is valid for use by any
transport vehicle owned by the person or entity named on the permit. There is no
limit to the number of times a valid permit may be used provided each extralegal
load complies with the requirements of this chapter. The wet signature original
Annual Extralegal Load Permit must be present on the transport vehicle during the
entire course of the move.
Ordinance No. 421
Annual Extralegal Load Haul Pennit Fee
Adopted: September 6.2005
Page 2 of 5
The Public Works Director, or his or her designated representative, is authorized to
issue Special Extralegal Load Permits for variance loads. Given the atypical nature
of variance loads, the Public Works Director shall carefully evaluate the potential
impacts to the existing infrastructure prior to issuing a Special Extralegal Load
Permit and require the permit applicant to pay for any and all expenses associated
that may be required to accommodate the proposed move of the variance load.
14.32.020 Definitions
Whenever in this chapter the words or phrases defined in this section are used,
they shall have the respective meanings assigned to them in the following
definitions:
A. An "extralegal load" is a single unit or an assembled item which, due
to its design, cannot be reasonably reduced or dismantled in size or
weight so that it can be legally transported as a load without a permit
as required by Section 35780 of the California Vehicle Code. A
vehicle or its load is considered an extralegal load when:
1) The total width of the vehicle, or its load exceeds 102 inches,
except as otherwise provided in Chapter 35100 of the California
Vehicle Code.
2) The total height of the vehicle, or its load, exceeds 14 feet
measured from the surface upon which the vehicle stands, except
double-deck buses, which may be up t014 feet, 3 inches.
3) The total length exceeds 75 feet, or a single non-articulating
vehicle exceeds 40 feet.
4) The total weight exceeds 80,000 pounds (40 tons).
B. A IIvariance load" is a large extralegal load. The threshold criteria
defining a variance load is an extralegal load that exceeds any of the
following criteria:
1 )
The width exceeds 1 5 feet, or
2)
The height exceeds 16 feet, or
Ordinance No. 421
Annual Extralegal Load Haul Pennit fee
Adopted: September 6.2005
Page 3 of 5
3) The overall length exceeds 110 feet, or 135 feet with steerable
rear axles, or
4) The weight exceeds the Caltrans Purple Weight Chart.
14.32.030 Annual Extralegal Load Permit Fee
The fee is set at the maximum allowed by the California Department of
Transportation (CAL TRANS). The Public Works Director is authorized to issue
replacement annual permits for lost originals upon receipt of a sworn affidavit from
the permittee stating the original permit is unaccounted for and no longer available
for use on a transport vehicle as a valid permit. The fee for the replacement permit
shall be equal to the cost of issuing a standard extralegal load permit.
14.32.040 Annual Permit Not Valid For Variance Loads
The Annual Extralegal Load Permit is not valid for transporting Variance Loads. A
Special Extralegal Load Permit shall be acquired prior to transporting a variance load
on City owned public streets.
14.32.050 Special Extralegal Load Permit Fee
The fee for a Special Extralegal Load shall be the same as charged for a single
standard extralegal load permit, plus time and material costs incurred by the City to
accommodate the proposed move.
SECTION 2. FINDING: The fees collection pursuant to this Ordinance are
estimated to approximate the total costs incurred by the City in administering its
authority under Article 6, Chapter 5 of the California Vehicle Code, Section 35780,
et seq.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be In full force and
effect thirty (30) days after its adoption.
SECTION 4. POSTING: The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be posted in three places within the City of
La Quinta as specified in City Council Resolution 98-109.
Ordinance No. 421
Annual Extralegal Load Haul Pennit Fee
Adopted: September 6. 2005
Page 4 of 5
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6th day of September, 2005, by the following vote:
AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: Council Member Perkins
ABSTAIN: None
Cho~
City of La Quinta, California
ATTEST:
~GRE~,~eik J1
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
Ordinance No. 421
Annual Extralegal Load Haul Pennit Fee
Adopted: September 6. 2005
Page 5 of 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINT A )
I, JUNE S. GREE'K, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true, and correct copy of Ordinance No. 421 which was
introduced at a regular meeting on the 2nd day of August, 2005, and was adopted
at a regular meeting held on the 6th day of September, 2005, not being less than 5
days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution 98-109.
~--d~__kJ
S. GREEK, CMC, I Y Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on C¡//~/ól.C:J(=)S- , pursuant to
Council Resolution.
~ --ef ~.. .£.;
JU S. GREEK, CMC, Cit lerk
City of La Quinta, California