Section 7-6-1. Permit required for oversized or overweight vehicles and loads.

It shall be unlawful for any person to operate a vehicle which is in excess of the maximum legal weight or size limitations contained within this Code unless such person has first obtained a permit from the City in accordance with this Article.

The Public Works Director or the Director's designee (the "Director") may, upon application in writing and for good cause shown, issue a single-trip, a special, a segment, a perpetual fleet or an annual permit authorizing the applicant to operate or move a vehicle which is in excess of the weight or size limitations contained within this Code. However, no permit shall be issued for vehicles to cross structures if such vehicles are of a size or weight in excess of the structural capacity of such structures as determined by the City.

The Director is authorized to promulgate administrative rules, regulations and forms not inconsistent with this Article for the efficient administration of such permits.

[Source: Ord. 1813, 2021]

Section 7-6-2. Types of permits and fees. Annually by resolution, the City Council shall set the fees applicable to the following types of permits. In addition, the Director is authorized to impose reasonable fees to mitigate and remediate roadway damage and degradation.

Single-trip permit: A permit that is valid for only a single daily trip for a set number of days, as determined by the Director, over specifically designated roadways for an oversized or overweight vehicle or load exceeding the maximum legal limits specified in this Code.

Special permit: A permit that is valid for only a single trip over specifically designated roadways within the City for an oversized or overweight vehicle or load exceeding the maximum legal limits as specified in this Code.

Segment permit: A permit that is valid for one (1) year from the date of issuance on specifically designated segments of roadways for an oversized or overweight vehicle or load exceeding the maximum legal limits as specified in this Code.

Perpetual fleet permit: For purposes of this Section, fleet shall mean any group of two (2) or more vehicles owned by one (1) person or company. A perpetual fleet permit is valid and perpetual in duration, unless and until otherwise revoked, on all or any specifically designated roadways or portions thereof for an oversized or overweight vehicle or load exceeding the maximum legal limits as specified in this Code.

Annual permit: A permit that is valid for one (1) year from the date of issuance on all or any specifically designated roadways for an oversized/overweight vehicle or load exceeding the maximum legal limits as specified in this Code.

[Source: Ord. 1813, 2021]

Section 7-6-3. Application for and issuance of permit; revocation.

The Director shall prepare and promulgate application forms and other documents to implement overweight permits. Such forms and documents may require from any applicant information deemed necessary, including without limitation information needed to identify the applicant, confirm ownership of the vehicle(s), evaluate the applicant's proposed use of public streets, assess the extent and duration of such use, and determine the impacts of such use.

The Director shall administratively review any submitted application for completeness. Upon a determination that an application is complete, the permit shall be administratively issued if the application and proposed use meet all requirements of this article and any other applicable law. In rendering such decision, the Director shall consider whether the applicant's use of the public right-of-way in accordance with the permit will adversely or potentially adversely impact the health, safety or welfare of the public or cause or risk damage to the public rights-of-way. The Director may impose reasonable conditions on any permit to mitigate in whole or in part any adverse impact or damage as a condition of issuance of the permit.

A permit may be revoked in writing by the Director for violation of any of the terms and conditions of the permit or this article, and the revocation of a permit may be appealed to the City Council within thirty (30) days of the date of revocation.

[Source: Ord. 1813, 2021]

Section 7-6-4. Limitations on permits. As a condition of issuance or a requirement of any permit, the Director may:

Restrict the applicant's or vehicle's use under a permit to specific roads or segments of roads.

Limit the number of trips or establish seasonal or other time limitations within which the vehicles described may be operated on the roadways indicated in the permit.

Limit or prescribe conditions of operation of such vehicles when deemed by the Director as necessary to protect the safety of the public, to protect the efficient movement of traffic or to protect the public rights-of-way from damage to road foundation, road surfaces or other City-owned property or structures.

Require the owner of a vehicle to provide a bond as security in an amount to be determined by the Director for damage to streets, roadways or roadway structures within the City.

[Source: Ord. 1813, 2021]

Section 7-6-5. Permit holder's responsibilities. The permit holder shall be responsible for the safe movement of the oversized or overweight vehicle or load and shall be responsible for compliance with:

All terms and conditions in the permit.

All terms and conditions of this article and all other City ordinances, resolutions and regulations.

All other applicable legal requirements including, without limitation, state or county regulations or permit requirements.

[Source: Ord. 1813, 2021]

Section 7-6-6. Inspection of permit. Every permit issued in accordance with this Article shall be carried in the vehicle or combination of vehicles to which the permit refers and shall be open to inspection by any law enforcement officer or authorized agent of the City, except that if a law enforcement officer or authorized agent of the City that granted the permit determines that the permit can be electronically verified at the time of contact, a copy of the permit need not be carried in the vehicle or combination of vehicles to which it refers.

[Source: Ord. 1813, 2021]

Section 7-6-7. Permit exemptions. No permit shall be necessary for:

The operation of trucks owned or operated by the State, a county, a municipality, a public utility or a contractor authorized by the City to engage in the repair, maintenance or construction of streets, street improvements or utilities upon any street in the City.

Authorized emergency vehicles or public transportation vehicles operated by the City or other political subdivisions of the State.

Implements of husbandry and farm equipment as defined in Section 42-1-102(44), C.R.S., as amended.

[Source: Ord. 1813, 2021]

Section 7-6-8. Violations; penalties. It shall be unlawful and a violation of this Code for any person to fail to comply with any requirement of this article or the conditions of any permit. Such violation shall be subject to the general penalty for violation of municipal ordinances provided by Section 1-1-10 of this Code but shall not be punishable by imprisonment.

[Source: Ord. 1813, 2021]

Section 7-6-9. Liability for damage to roadway.

Any person who drives, operates or moves upon or over any roadway or roadway structure any vehicle, object or contrivance weighing in excess of the maximum weight authorized by this Code in such a manner so as to cause damage to said roadway or roadway structure, and the damage sustained to said roadway or roadway structure is the result of the operating, driving or moving of such vehicle, object or contrivance, shall be liable for all damage which said roadway or roadway structure may sustain as a result thereof.

Whenever the driver of such vehicle, object or contrivance is not the owner thereof but is operating, driving or moving such vehicle, object or contrivance with the express or implied consent of the owner thereof, then said owner or driver shall be jointly and severally liable for any such damage. The liability for damage sustained by any such roadway or roadway structure may be enforced through a civil action by the City.

It shall be no defense to any action, either civil or criminal, brought by the City against such person that the weight of the vehicle was authorized by a permit issued pursuant to this Article.

[Source: Ord. 1813, 2021]