Sec. 20-120. - Legislative authority.

This article is adopted pursuant to the authority set forth in sections 35780 through 35796 of the Vehicle Code of the State of California.

(Ord. No. 386, § 10, 10-17-78)

Sec. 20-121. - Definitions.

Whenever used in this article, the following words and phrases shall have the following meanings:

Public works director means the public works director of Kings County.

County highway means any highway, road or alley in the unincorporated area of Kings County, maintained in whole or in part by, and under the jurisdiction of, the County of Kings.

Vehicle shall have the same meaning as in Section 670 of the Vehicle Code of the State of California.

Special mobile equipment shall have the same meaning as in Section 575 of the Vehicle Code of the State of California.

Oversize means exceeding the maximum size for vehicles or special mobile equipment specified in Division 15 of the Vehicle Code of the State of California.

Overweight means exceeding the maximum weight or load for vehicles or special mobile equipment specified in Division 15 of the Vehicle Code of the State of California.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-122. - Application for permit.

Any person desiring to operate an oversize or overweight vehicle or special mobile equipment on any county highway shall file a written application with the public works director for a permit allowing such operation. Application shall be made on a form prescribed by the director, and shall include the following information:

(1)

The name and address of the applicant.

(2)

If different from the applicant, the name and address of the owner of the equipment and load.

(3)

A specific description of the vehicle or vehicles, equipment, and load to be operated, and the particular highway over which permission to operate is requested.

(4)

Dates of operation, if for a single trip, or the period of time for which the permit is issued, if for continuous operation.

(5)

The name of the company and the number of the insurance policy under which the applicant has a certificate of insurance as required by section 20-124 of this article.

(6)

Such other information as the director may deem necessary to determine whether to issue the permit and the conditions upon which the permit may be issued.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-123. - Hold harmless agreement.

Each applicant for a permit shall agree to hold harmless the county and its officers, agents and employees, from any and all claims, demands, damages, actions or suits arising from injuries to any and all persons or property alleged to have been caused by the operation of such vehicles or equipment, or by the condition of any county highway resulting therefrom.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-124. - Certificates of insurance.

Every applicant for a permit who regularly maintains a fixed place of business within the State of California shall file with the public works director a certificate of insurance. The certificate of insurance shall contain a signed statement of an insurance company or its authorized agent that:

(1)

The owner or the operator of the equipment or load to be operated or moved is insured in the performance of such operation or movement, in an amount approved by the public works director, for each occurrence causing damage to public or private property, should any such injury or damage result from such operation or movement.

(2)

The policy insuring such owner against such liability bears an endorsement thereon that it will not be canceled or reduced in coverage without giving 30 days advance written notice of such cancellation or reduction in coverage to the public works director.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-125. - Amount of insurance required.

The amount of the insurance required to be given by section 20-124 of this article shall be the minimum amounts necessary to comply with the financial responsibility requirements of the California Vehicle Code.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-126. - Issuance of permit.

If the applicant for a permit complies with all of the provisions of this article and all other applicable laws, and if it appears the operation or movement applied for can be accomplished along the proposed route with safety and without serious inconvenience to the public, and without undue damage to road foundations, surfaces and structures, or to other public or private property, the public works director shall issue the permit to the applicant. The permit granted by the public works director shall refer to this article and shall be granted subject to all of the terms and conditions set forth in this article.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-127. - Imposing conditions on permit.

When the public works director grants a permit pursuant to this article, he may impose and set forth in the permit such general and special conditions as he may deem necessary for the protection of county highways, bridges and structures, and other public and private property, the prevention of undue interference with traffic, and to assure the safety of persons using the county highways. Violation of any of the conditions of the permit shall constitute an automatic revocation of the permit.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-128. - Denial of permit.

If the applicant does not comply with all of the requirements of this article and with all other applicable laws and ordinances of the State of California and the County of Kings, the public works director shall deny the application for the permit. In any case where the public works director determines that the operation or movement applied for cannot be accomplished along the proposed route with safety and without serious inconvenience to the public, and without undue damage to road foundations, surfaces and structures, or other public or private property, he shall also refuse to grant the permit.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-129. - Permit not transferable.

A permit issued pursuant to the provisions of this article shall not be assigned or transferred by the permittee to any other person and any permit which is assigned or transferred by the permittee shall automatically become null and void.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-130. - Revocation of permit.

The public works director shall revoke a permit issued pursuant to the provisions of this article if, after the permit is issued, he determines that the operation or movement can no longer be accomplished along the proposed route with safety or without serious inconvenience to the public, or without undue damage to private property or to road foundations, surfaces, and structures. Written notice of such revocation shall be sent to the permittee by ordinary mail at the address shown on the application for the permit, or by personal delivery of such written notice to the permittee.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-131. - Appeals.

If the public works director denies an application for a permit, issues a permit subject to conditions which the applicant believes to be unreasonable, or revokes a permit, the applicant may, within 30 days after such denial, conditional issuance, or revocation, file a written appeal with the clerk of the board of supervisors. The board shall, at its next regular meeting, determine whether the permit shall be issued or reinstated, and the terms and conditions under which it shall be issued or reinstated. The decision of the board shall be final.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-132. - Judicial review of decision.

Judicial review of a decision of the board of supervisors made after a hearing pursuant to section 20-132 of this article, if the decision denies or revokes the permit, shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said Section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied or revoked, the board of supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by section 1094.6.

(Ord. No. 386, § 1, 10-17-78)

Sec. 20-133. - Violations.

Any person violating any of the provisions of this article shall be guilty of a public offense and shall be punishable as provided in Division 17 (commencing with Section 40000.1) and 18 (commencing with Section 42000) of the Vehicle Code of the State of California.

(Ord. No. 386, § 1, 10-17-78)