This article shall be known as the "Motor Vehicle
Size, Weight and Load Restriction Ordinance."
The following words and phrases, when used in
this article shall, for the purposes of this article, have the meanings
respectively ascribed to them in this section, and Act 300 of the
Public Acts of 1949, as amended, being § 257.1 through § 257.82
of the Michigan Compiled Laws, except where the context clearly indicates
a different meaning:
AXLE
The common axis of rotation of one or more wheels whether
power driven or freely rotating, and whether in one or more segments
and regardless of the number of wheels carried thereon.
CIVIL INFRACTION
An act or omission prohibited by law which is not a crime
as defined in Section 5 of Act No. 328 of the Public Acts of 1931,
as amended, being § 750.5 of the Michigan Compiled Laws,
and for which civil infractions may be ordered.
DRIVER
Every person who drives or is in actual control of a vehicle.
GROSS WEIGHT
The weight of the vehicle without load plus the weight of
the load thereon.
HIGHWAY OR STREET
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of public
for purposes of vehicular travel.
IMPLEMENT OF HUSBANDRY
Every vehicle which is designed for agricultural purposes
and used exclusively in agricultural operations.
PERSON
Every natural person, firm, copartnership, association or
corporation and their legal successors.
PEACE OFFICER
A person who is trained and certified pursuant to Act No.
203 of the Public Acts of 1965, being §§ 28.601 and
28.616 of the Michigan Compiled Laws.
ROADWAY
That portion of the highway improved, designed or ordinarily
used for vehicular travel. In the event a highway includes two or
more separate roadways, the term "roadway," as used herein, shall
refer to any such roadway separately, but not to all such roadways
collectively.
SEMITRAILER
Every vehicle with or without motive power, other than a
pole-trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that some part of its
weight and that of its load rests upon or is carried by another vehicle.
SPECIAL MOBILE EQUIPMENT
Every vehicle which is not designed or used primarily for
the transportation of persons or property and which is incidentally
operated or moved over the highways, including but not limited to,
farm tractors, road construction or maintenance machinery, mobile
office trailers, mobile toolshed trailers, mobile trailer units used
for housing stationary construction equipment, ditch-digging apparatus,
and well-servicing apparatus.
TANDEM AXLE
Two axles spaced more than three feet six inches and less
than nine feet apart.
TANDEM AXLE ASSEMBLY
Two axles spaced more than three feet six inches and less
than nine feet apart, one axle in front of the other and so attached
to the vehicle wherein an attempt is made by connecting mechanism
to distribute the weight equally between the two axles.
TRAILER
Every vehicle with or without motive power, other than a
pole-trailer, designed for carrying property or persons and for being
drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle.
TRUCK
Every motor vehicle designed and used to maintained primarily
for the transportation of property.
TRUCK TRACTOR
Every motor vehicle designed and used primarily for drawing
other vehicles, and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
VEHICLE
Every device in, or by which any person or property is or
may be transported or drawn upon a highway, excepting devices moved
by human power or used exclusively upon stationary rails or tracks.
WEIGHMASTER
A peace officer designated by the Supervisor and approved
by the Township Board to enforce the provisions of this article.
Unless specifically declared in this article
to be a civil infraction, it is a misdemeanor for a person to drive
or move or for the owner to cause or permit to be driven or moved,
on a highway, a vehicle or vehicles of a size or weight or otherwise
exceeding the limitations stated in this article. The provisions of
this article governing size, weight and load shall not apply to fire
apparatus, or to an implement of husbandry incidentally moved upon
a highway, or to a vehicle operated under the terms of a special permit
issued as herein provided.
Except as provided in §
113-32, a vehicle unloaded or with load shall not exceed a height of 13 feet six inches. The owner of a vehicle which collides with a lawfully established bridge or viaduct shall be liable for all damages and injury resulting from a collision caused by the height of the vehicle, whether the clearance of the bridge or viaduct is posted or not. A person who violates this section is responsible for a civil infraction. The owner and/or the driver of the vehicle may be charged with a violation of this section.
A truck, truck tractor, semitrailer, or trailer
manufactured on or after July 27, 1978, shall not be used to transport
flammable liquids, in bulk, having a flash point at or below 70°
F., if the truck, truck tractor, semitrailer, or trailer exceeds 11
feet 8 1/2 inches in height.
[Amended 6-16-2011]
An owner of a vehicle or a lessee of the vehicle of an owner-operator who causes or allows a vehicle to be loaded and driven or moved in a highway when the weight of that vehicle violates the provisions of this article is responsible for a civil infraction and shall be assessed a civil fine in an amount equal to $0.03 per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; $0.06 per pound in excess load when the excess is over 2,000 pounds but not over 3,000 pounds; $0.09 per pound for each pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; $0.12 per pound for each pound of excess load when the excess is over 4,000 pounds but not over 5,000 pounds; $0.15 per pound for each pound of excess load when the excess is over 5,000 pounds but not over 10,000 pounds; and $0.20 per pound for each pound of excess load when the excess is over 10,000 pounds. However, the court shall have discretionary power as to the amount of the civil fine within the schedule provided by this section and may impose the civil fine provided in §
113-43 for a civil infraction where at the time of the violation either the motor vehicle, motor vehicle and semitrailer, or trailer did not exceed the total weight which would be lawful for each unit by a proper distribution of the load upon various axles supporting each unit.
The Supervisor may designate, subject to the
approval of the Township Board, one or more agents who shall be called
"Weighmaster" who shall enforce the provisions of this article. Each
Weighmaster, when enforcing the provisions of this article, shall
drive a motor vehicle marked "Weighmaster." Each Weighmaster shall
carry an identification card denoting his or her title, may carry
or wear a badge and wear a shoulder patch which shall be clearly visible
and shall identify the branch of government represented. For purpose
of enforcing the sections of this article, agents designated as Weighmaster
shall be a peace officer but not be authorized to carry a firearm.
The Weighmaster may issue citations for violations
of this article in accordance with the procedures set forth in Sections
741 to 750 of the Michigan Vehicle Code, Act 300 of the Public Acts
of 1949, as amended, MCL 257.741 to 257.750.