A. Other than where the city and a person, company, corporation, enterprise or entity using the public highways, roads, streets and thoroughfares of the city enter into an agreement pursuant to a right-of-way permit under Chapter 12.60 ACC or other equivalent procedure, or to address a specific use or a program or plan of use of said rights-of-way, including addressing public safety, environmental, traffic, noise, unusual wear and tear, or other impacts to the rights-of-way, the city engineer, with respect to public highways, roads, streets and thoroughfares within the city’s jurisdiction, may prohibit the operation thereon of trucks or any other vehicles, except the operation of school buses, public transit and emergency vehicles, or may impose limits as to weights, may determine haul routes for local trips, or any other restrictions as may be deemed necessary including whenever the city engineer determines that any public highway, road, street or thoroughfare would be seriously damaged or destroyed by reason of rain, snow, severe winter freeze, other climatic conditions or any other conditions including deficient structural integrity if unrestricted use is continued. In the event that the person, company, corporation, enterprise or entity using the public highways, roads, streets and thoroughfares of the city secures a right-of-way permit, as mentioned above, the person, company, corporation, enterprise or entity shall comply with the conditions and requirements of such permit; provided, however, that said person, company, corporation, enterprise or entity shall be required to obtain a right-of-way permit when in the opinion of the city engineer the project, program, or activity for which the person, company, corporation, enterprise or entity is using said rights-of-way involves a project in the city of Auburn that will create unusual wear and tear on the rights-of-way, or significant impacts to public safety, the environment, traffic, and noise, and for all projects that require mitigation of hauling and related impacts within the city. Said permit may include conditions on mitigation within the city’s rights-of-way as a result of the impacts of the project, program, or activity, which shall include, but not be limited to, any mitigation set out in the contract or bid documents, or other review documents, or as may be otherwise required for said project, program, or activity.

B. The city engineer shall not, however, prohibit the use of any city street designated by the State Highway Commission as forming the part of the route of any primary state highway through the city, by vehicles or any class of vehicles, or impose any restrictions or reductions in permissible weights unless the restriction, limitation, prohibition or reduction in permissible weight is first approved in writing by the State Highway Commission. (Ord. 5873 § 1, 2004; Ord. 5682 § 1, 2002; Ord. 5319 § 2, 1999. Formerly 9.12.010.)