[Added 12-17-2013 by Ord. No. 2013-01]
Pursuant to §§ 349.15 and 349.16, Wis. Stats., the Town Board of the Town of Buchanan, Outagamie County, Wisconsin, adopts this article. The Town of Buchanan adopts Ch. 348, Wis. Stats., in its entirety. Class "A" and "B" highway weight limitations shall be as defined therein.
A. 
The following Town highways in the Town of Buchanan are designated Class "B" highways subject to weight limits set forth in § 348.16(2), Wis. Stats., unless increased by Town ordinance:
Debruin Road (CTH KK to Block Road)
Emons Road (Eisenhower Drive to Pinecrest Boulevard)
Haas Road (CTH ZZ to CTH Z)
Kavanaugh Road
Loderbauer Road (CTH KK to 1,200 feet south of White Wolf)
Outagamie Road (CTH KK to Sunset View Circle)
Powers Road
Weiler Road
B. 
The Town Chairperson, or his or her designee, shall place appropriate traffic signs on the above-described highways on or before the effective date of this article.
C. 
In accordance with § 349.17, Wis. Stats., heavy vehicles obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such a street or highway may not be prohibited from using roads restricted under this section. This section shall not apply to trucks pumping septic or holding tanks, public vehicles, garbage/recycling haulers, and emergency vehicles. The Town Board requires that exempt haulers take every precaution within their power to protect the roads while traveling within the Town of Buchanan. This exemption in no way reduces or limits liability for damages to Town roads for these exempted parties.
A. 
The Town Chairperson, or his or her designee, may impose special or seasonal weight limitations on any Town highway or portion thereof, which, because of weakness of the roadbed due to deterioration, climactic conditions or other special or temporary conditions, would likely be damaged or destroyed in the absence of such special limitations.
B. 
The Town Chairperson, or his or her designee, may impose special or seasonal weight limitations on any Town bridges or culverts when in his or her judgment such bridge or culvert cannot safely sustain the maximum weights permitted by statute.
C. 
Imposition of special or seasonal weight restrictions authorized by this section shall be done by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable notice that a special or seasonal weight limitation is in effect and the nature of that limitation. Imposition of special or seasonal weight limitations on bridge or culverts shall be done by erecting signs on each side of the respective bridge or culvert.
D. 
This section shall not apply to trucks pumping septic or holding tanks, public vehicles, garbage/recycling haulers, and emergency vehicles.
A. 
Permits required.
(1) 
Haulers of loads exceeding the weight limitations of a Class "B" highway may request a permit to exceed the imposed weight limits for travel on a Town highway. Permits can be applied for a single trip or for multiple trips. Permits are to be issued by the Town Chairperson or his or her designee.
(2) 
The issuance of a permit does not in any way reduce or limit liability for damage to the Town highway for the permitted party, and all permitted parties are subject to the penalties of § 495-70 of this article.
(3) 
A permit fee shall be paid prior to issuance of a permit as listed in the Town Fees and Licenses Schedule.
A. 
No person may operate any vehicle on highways as listed in § 495-67 of this article in violation of the weight limits set forth in § 348.16(2), Wis. Stats. Upon conviction for a violation of this article, the violator shall pay a forfeiture of not less than $25 nor more than $500, plus the applicable surcharges, assessments, and costs for each violation. Each trip in violation of this article constitutes a separate offense. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
B. 
Violations of special or seasonal weight restrictions or failure to obtain a permit shall be subject to a forfeiture of not less than $25 nor more than $500, plus applicable surcharges, assessment, and cost for each violation. Each trip in violation of this article constitutes a separate offense. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
C. 
The vehicle need not be physically weighed, nor must a precise weight of the vehicle be shown, to prove violation of this article, provided that there is clear and convincing circumstantial evidence a violation existed. The manufacturer's published empty weight of a vehicle shall be presumed to be the empty weight of a vehicle, in the absence of evidence to the contrary.
If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent provision, and such holding shall not affect the validity of the remaining portion thereof.
This article is effective on January 1, 2014.