[CC 1977 §33-361; Ord. No. 845 §1, 12-3-1969]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
AXLE LOAD
The total load transmitted to the road by all wheels whose
centers are included between two (2) parallel transverse vertical
planes forty (40) inches apart, extending across the full width of
the vehicle.
DEVIATING TRUCK
A truck which leaves and departs from a truck route while
traveling inside the City.
TANDEM AXLE
A group of two (2) or more axles, arranged one behind another,
the distance between the extremes of which is more than forty (40)
inches and not more than ninety-six (96) inches apart.
TRUCK
Any vehicle designed or operated for the transportation of
property or persons and whose body weight or whose combined body and
load weight exceeds twelve thousand (12,000) pounds.
TRUCK ROUTE
A way over certain streets, as designated herein, over and
along which trucks coming into and going out of the City must operate.
[CC 1977 §33-362; Ord. No. 845 §2, 12-3-1969]
A. All trucks
within the City shall be operated only over and along the truck routes
herein established and on the other designated streets over which
truck travel is permitted; provided however, this Chapter shall not
prohibit:
1. Generally. The operation of trucks with a twelve thousand
(12,000) pound capacity whether loaded or unloaded on any street within
the City.
2. Operation on street of destination. The operation of trucks
upon any street where necessary to the conduct of business at a destination
point, provided streets upon which such traffic is permitted are used
until reaching the intersection nearest the destination point.
3. Emergency vehicles. The operation of emergency vehicles
upon any street in the City.
4. Public utilities. The operation of trucks owned or operated
by the City, public utilities, any contractor or materialman while
engaged in the repair, maintenance or construction of streets, street
improvements or street utilities within the City.
5. Detoured trucks. The operation of trucks upon any officially
established detour in any case where such truck could lawfully be
operated upon the street for which such detour is established.
[CC 1977 §33-363; Ord. No. 900 §1, 12-16-1970]
A. All trucks
shall confine and restrict their movements to the designated truck
routes as marked and shall not enter upon the streets and alleys of
the City, except vehicles making deliveries to businesses and residences
in the City or vehicles returning to their home or branch office,
which office is located in a properly zoned area which does not abut
a truck route, may travel over the streets and alleys of the City
by the shortest route available between the nearest truck route and
the point of delivery.
B. All trucks
entering the City for multiple destination points shall proceed only
over established truck routes and shall deviate only at the intersection
with the street, upon which such traffic is permitted, nearest to
the first (1st) destination point. Upon leaving the first (1st) destination
point, a deviating truck shall proceed to other destination points
by the shortest direction and only over streets upon which such traffic
is permitted. Upon leaving the last destination point, a deviating
truck shall return to the truck route by the shortest permissible
route. The following truck routes are hereby established:
1. All
Federal and State highways.
[CC 1977 §33-364; Ord. No. 845 §4, 12-3-1969; Ord. No. 2754 §5, 2-4-2002]
The Chief of Police shall cause all truck routes to be properly
marked and a sign placed at all entrances to the City advising that
trucks over twelve thousand (12,000) pounds are prohibited from traveling
upon other than marked truck routes.
[CC 1977 §33-366; Ord. No. 845 §6, 12-3-1969]
A. The City Administrator, whenever by thawing of frost, rains or soft conditions due to construction, reconstruction and maintenance, adverse critical weather conditions or other causes detrimental to the surface or physical condition of such highways, streets and alleys in the City, is hereby authorized to limit such weights described under Section
395.050(A) to such an amount and in such a manner as will preserve the economical use of such highways, streets and alleys by the general public.
B. When
posted or marked, it shall be unlawful to transport any gross load
in excess of the posted notice and, in addition to conviction and
punishment for a misdemeanor, the registered owner thereof shall be
held liable in any court of competent jurisdiction for destructive
damages to the resulting surface and physical conditions by an action
of the State, County or other interested person.
[CC 1977 §33-367; Ord. No. 845 §§7 — 8, 12-3-1969; Ord. No. 2754 §5, 2-4-2002]
A. It shall
be the duty of the Chief of Police and any member of the Police Department
of the City to arrest on sight or upon a warrant any person found
violating or having violated the provisions of this Chapter.
B. Such Police Officer shall stop any truck thought to be violating the terms of this Chapter for the purpose of determining whether such vehicle is loaded in excess of the provisions of Section
395.050 and if he/she finds such vehicle loaded in violation of the provisions hereof, he/she shall have a right at that time and place to cause the excess load to be removed from such vehicle. When only an axle or a tandem axle group of a vehicle is overloaded, the operator shall be permitted to shift the load, if this will not overload some other axle, without being charged with a violation. The operator of any vehicle shall be permitted to back up and reweigh or to turn around and weigh from the opposite direction. Any operator whose vehicle is weighed and found to be within five percent (5%) of any legal limit may request and receive a weight ticket, memorandum or statement showing the weight on each axle or any combination of axles. Once a vehicle is found to be within the limits of this Chapter after having been weighed on any State scale and there is no evidence that any cargo or fuel has been added, no violation shall occur, but a presumption shall exist that cargo or fuel has been added if upon reweighing on another State scale the total gross weight exceeds the applicable limits of this Chapter.
C. The Chief
of Police or a member of the Police Department shall have the authority
to require any person driving or in control of any truck which he/she
believes to be overweight for that particular road to proceed to any
public or private scale available for the purpose of weighing and
determining whether this Chapter has been complied with.