(a)
Commercial vehicle.
Gross motor vehicle weight.
Motor vehicle.
Residential street.
Vehicle.
Definitions.
When used in this article, the following
terms shall have the following meanings:
A motor vehicle designed or used for the transportation of
property or delivery purposes, including a commercial motor vehicle,
truck-tractor, trailer or semitrailer, or any combination of such
vehicles.
The total weight of the vehicle as loaded.
A vehicle that is self-propelled.
Residential streets include all public rights-of-way within
the city limits where the land use of the adjoining properties is
primarily for residential uses based on the city's zoning map,
as may be amended, and which are not designated as state highways
maintained by the state, or county roads which are maintained by the
county.
A mechanical device, other than a device moved by human power
or used exclusively upon stationary rails or tracks, in, on or by
which a person or property can be transported on a city street.
(b)
Maximum weights.
Except as otherwise specifically
provided by this article or other statute, no commercial vehicle shall
be operated over, on, or upon the public streets and rights-of-way
within the city limits having a weight in excess of one or more of
the following limitations:
(1)
No commercial vehicle shall have a greater weight than twenty
thousand (20,000) pounds carried on any one axle, including all enforcement
tolerances; or a tandem axle weight in excess of thirty-four thousand
(34,000) pounds, including all enforcement tolerances; or an overall
gross weight on a group of two or more consecutive axles produced
by application of the following formula:
|
W =
|
500 (LN + 12N + 36)
|
|
(N-1)
|
where W = overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds, L = distance in
feet between the extreme of any group of two or more consecutive axles,
and N = number of axles in the group under consideration, except that
two consecutive sets of tandem axles may carry a gross load of 34,000
pounds each providing the overall distance between the first and last
axles of such consecutive sets of tandem axles is thirty-six (36)
feet or more, provided that such overall gross weight may not exceed
eighty thousand (80,000) pounds, including all enforcement tolerances.
(2)
No commercial vehicle shall have a greater weight than six hundred
(600) pounds per inch width of tire upon any wheel concentrated upon
the surface of the highway and using high-pressure tires, and a greater
weight than six hundred and fifty (650) pounds per inch width of tire
upon any wheel concentrated upon the surface of the highway and using
low-pressure tires, and no wheel shall carry a load in excess of eight
thousand (8,000) pounds on high-pressure tires and ten thousand (10,000)
pounds on low-pressure tires, nor any axle a load in excess of sixteen
thousand (16,000) pounds on high-pressure tires and twenty thousand
(20,000) pounds on low-pressure tires.
(3)
In this section, an axle load is defined as the total load transmitted
to the road by all wheels whose centers may be included between two
(2) parallel transverse vertical planes forty (40) inches apart, extending
across the full width of the vehicle. Tandem axle group is defined
as two (2) or more axles spaced forty (40) inches or more apart from
center to center having at least one (1) common point of weight suspension.
(Ordinance 780801, secs. 1, 2, adopted 8/1/78; Ordinance 99-02-02, sec. 1, adopted 2/2/99; Ordinance 2024-28 adopted 6/18/2024)
(a)
Restrictions.
No commercial vehicle having a gross motor vehicle weight in excess of 10,000 pounds, regardless of axle configuration, shall travel on any of the following streets within the city limits, except as provided in subsection (b) of this section:
(b)
Exceptions.
Commercial vehicles may travel on the streets as described in subsection (a) of this section only if one of the following exceptions applies:
(1)
Occasional residential deliveries.
Commercial vehicles may travel on the streets as described in subsection (a) of this section when such vehicle is making occasional and irregular deliveries to residential locations on residential streets not to exceed two (2) such deliveries per thirty (30) day period per each residential delivery location. Traffic or deliveries to residential locations in excess of the preceding sentence must comply with the provisions of this article or otherwise require approval by the city council.
(2)
City-designated delivery routes.
Commercial vehicles may travel on the streets as described in subsection (a) of this section when such vehicle is traveling on such streets as part of a city-designated delivery route, established under this section:
(A)
If commercial vehicle deliveries traveling from a particular point of origin adjacent to a city street or to a particular destination adjacent to a city street would include travel on the streets as described in subsection (a) of this section and if such deliveries would exceed two (2) such deliveries per thirty (30) day period, the city manager (or the city manager's designee) may designate temporary city-designated delivery routes for such deliveries as reasonably necessary to mitigate traffic congestion and ensure public safety and well-being, considering the reasonableness of the route and possible alternatives in terms public safety concerns, the length of the route, the impact on city road surfaces and maintenance costs, and associated impacts on adjacent persons and properties such as noise, dust, and related impacts of such routes. The city manager (or the city manager's designee) may designate temporary city-designated delivery routes for a period up to one hundred eighty (180) days. Extension of a temporary city-designated delivery route in excess of one hundred eighty (180) days shall require consideration and approval of the city council.
(B)
If a city-designated delivery route has been established,
commercial vehicles traveling from the particular point of origin
or to the particular destination so designated shall travel only upon
the city-designated delivery route when traveling within the city
limits.
(C)
The city shall provide at least twenty-four (24)
hours notice of the establishment of such city-designated delivery
routes before enforcement of such routes by posting appropriate signage
indicating the city-designated delivery route.
(3)
General exception.
Commercial vehicles may travel on the streets as described in subsection (a) of this section:
(A)
If no city-designated delivery route has been established
for commercial vehicles traveling from the vehicle's point of
origin or to its destination;
(B)
When necessary to reach a terminal or to load or
offload materials located at a destination on those streets, or when
no other nonrestricted route is available to travel between the commercial
vehicle's point of origin and its destination;
(C)
When doing so, the operator of the vehicle follows
the shortest practical route consistent with the reasonable operation
of the vehicle; and
(D)
The operator of the vehicle keeps in the operator's
possession a log book, delivery slips, or other evidence of the operator's
destination and point of origin.
(c)
When traveling in the streets described in subsection (a) of this section, the operator of the commercial vehicle affected by this section shall permit a peace officer, upon request, to inspect the log book, delivery slips, or other evidence of the operator's destination and point of origin.
(d)
The city shall post appropriate signage indicating the prohibited
commercial vehicle routes and city-designated delivery routes established
herein.
(Ordinance 05-0705-7, secs. 1–4, adopted 7/5/05; Ordinance 2024-28 adopted 6/18/2024)
(a)
Penalty.
Any person who violates any provision
of this article shall be guilty of a misdemeanor and upon conviction
shall be fined in an amount not more than $500.00. A separate offense
shall be deemed committed on each day during or on which a violation
of this article occurs or continues. The registered owner of the vehicle
and/or the driver is considered the responsible party.
(b)
Additional remedies.
The city council may direct
the city attorney to initiate any civil suit, including a suit for
damages, injunction or any other action available in law or in equity,
to prevent, enjoin, abate or correct any violation of any provisions
of this article.
(Ordinance 070515-2, secs. 1–5, adopted 5/15/07; Ordinance 2024-28 adopted 6/18/2024)
