Except as otherwise provided by law, no vehicle, motor vehicle,
truck-tractor, truck-trailer, trailer or semi-trailer, nor combination
of such vehicles, shall be operated over, on or upon the public streets
and highways within the corporate limits of the city, having a weight
in excess of one or more of the following limitations:
(1)
No
such vehicle or combination of vehicles shall have a greater weight
than 8,000 pounds carried on any one axle, including all enforcement
tolerances; or within a tandem axle weight in excess of 18,000 pounds,
including all enforcement tolerances; or with 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 group under consideration, except that two
consecutive sets of tandem axles may carry a gross load of 18,000
pounds each providing the overall distance between the first and last
axles of such consecutive sets of tandem axles is 36 feet or more;
provided that such overall gross weight may not exceed 80,000 pounds,
including all enforcement tolerances.
|
(2)
No
such vehicles or combination of vehicles shall have a greater weight
than 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 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 8,000 pounds on
high-pressure tires and 10,000 pounds on low-pressure tires, nor any
axle a load in excess of 16,000 pounds on high pressure tires, and
20,000 pounds on low-pressure tires.
(3)
Nothing
in this division shall be construed as permitting size or weight limits
on the national system of interstate and defense highways within the
corporate limits of the city in excess of those permitted under 23
U.S.C.A. 127. If the federal government prescribes or adopts vehicle
size or weight limits greater than those prescribed by 23 U.S.C.A.
127 for the national system of interstate and defense highways, the
increased limits shall become effective on the national system of
interstate and defense highways within the corporate limits of the
city.
(4)
Nothing
in this division shall be construed to deny the operation of any vehicle
or combination of vehicles that could be lawfully operated upon the
highways and roads, within the corporate limits of the city under
federal or state law. Any defense raised to a violation of this article
pursuant to a state of federal preemption of authority to operate
shall require the defendant to raise and establish that defense.
(5)
In
this division, an axle load is defined as the total load transmitted
to the road by all wheels whose centers may be included between two
parallel transverse vertical planes 40 inches apart, extending across
the full width of the vehicle. Tandem axle group is defined as two
or more axles spaced 40 inches or more apart from center to center
having at least one common point of weight suspension.
(Ordinance 86-209-5, § II(A)(1)—(5),
adopted 5/27/1986)
(a)
Any
police officer having reason to believe that the gross weight or axle
load of a loaded motor vehicle is unlawful is authorized to weigh
the same by means of portable or stationary scales approved by the
police department of the city for such use, or the police officer
may cause the loaded motor vehicle to be weighed by any public weigher
and may require such vehicle to be driven to the nearest available
scales for the purpose of weighing.
(b)
In the event that the gross weight of a vehicle weighed pursuant to subsection (a) of this section is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent of the gross weight authorized by law, such police officer shall demand and require the operator or owner of the motor vehicle to unload, or cause to be unloaded, such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum permitted by law plus such tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the city until the gross weight of the vehicle has been reduced to a weight not in excess of the maximum authorized by law plus such tolerance allowance except as authorized under subsection (d) or (e) of this section.
(c)
In the event that the axle load of a vehicle weighed pursuant to subsection (a) of this section is found to exceed the maximum authorized by law, plus a tolerance allowance of five percent of the axle load authorized by law, such police officer shall demand and require the operator or owner of the motor vehicle to decrease the axle load to the maximum authorized by law plus such tolerance allowance. The owner or operator may reduce such load by rearranging the cargo, if possible, or by unloading or having others unload such portion of the cargo as is necessary to decrease the axle load to the maximum authorized by law plus such tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the city so long as any axle load exceeds the maximum authorized by law plus such tolerance allowance except as authorized under subsection (d) or (e) of this section.
(d)
If
the load of a motor vehicle consists of livestock, the operator shall
be permitted to proceed to the destination without unloading providing
the destination is within the state.
(e)
If
the gross weight of a motor vehicle or an axle load exceeds the maximum
permitted by law plus a tolerance allowance of five percent of the
gross weight authorized by law, but the police officer believes that
the cargo cannot be unloaded or rearranged safely at the place where
such vehicle was weighed, or the police officer believes that the
unloading or rearranging of the cargo at such place would create an
unreasonable disruption of traffic, he shall require the operator
to proceed to a location where the cargo can be unloaded or rearranged
safely without causing disruption to traffic. Such location shall
be the nearest such place on city property, on property under the
control of the driver or his principal, or on property where consent
has been given for such loading and where it is feasible to unload
or rearrange such cargo.
(Ordinance 86-209-5, § II(A)(6),
adopted 5/27/1986)
Any person desiring to operate a vehicle on city streets in
excess of the load limit set out herein shall first obtain a special
permit from the chief of police and such permit shall not be issued
unless reasonably necessary.
(Ordinance 86-209-5, § II(B),
adopted 5/27/1986)
The limitation as to weight prescribed by this division shall
not apply to road rollers or other road making or road repairing machinery
being moved or used on a street by the United States, the state, the
city, or any contractor moving or using such road machinery in the
performance of or preparatory to the performance of a contract with
either the United States, the state or the city, but in the event
of any such road making or road repairing machinery of a weight in
excess of the limit set out herein being moved over the streets or
bridges in the city, the person in charge thereof shall first obtain
from the chief of police a permit for such movement, which permit
shall designate the route or streets and also the bridges over which
such movement shall take place, and such machinery may then be moved,
but not elsewhere than over such designated routes.
(Ordinance 86-209-5, § II(C),
adopted 5/27/1986)
Any person moving or causing to be moved a load which, together
with the weight of the vehicle, exceeds the limit as set out herein
shall be liable to the city for any damage done by any such excessively
loaded vehicle to the streets, bridges or culverts in the city and
the acceptance of either of the permits provided for in this section
shall be conclusive evidence that the person to whom such permit is
issued agrees to make good and pay all such damages upon demand thereof
made by the city.
(Ordinance 86-209-5, § II(D),
adopted 5/27/1986)
The driver, owner, operator, or other person operating or driving
any commercial motor vehicle, truck, truck-tractor, trailer or semi-trailer,
or combination of such vehicles, over, on or upon city streets or
public highways within the limits of the city shall comply with the
provisions of state law.
(Ordinance 86-209-5, § II(E),
adopted 5/27/1986)
The driver, owner, operator, or other person operating or driving any vehicle, motor vehicle, truck-tractor, trailer or semi-trailer, or combination of such vehicles, over, on, or upon city streets or public highways within the limits of the city, who fails to comply with the provisions of this division, shall be guilty of a misdemeanor and punished as provided in section 1-13.
(Ordinance 86-209-5, § II(F),
adopted 5/27/1986)
