[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.
- 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]
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:
Generally. The operation of trucks with a twelve thousand (12,000) pound capacity whether loaded or unloaded on any street within the City.
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.
Emergency vehicles. The operation of emergency vehicles upon any street in the City.
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.
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]
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.
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:
[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.
Subject to the limit upon the weight imposed upon a highway of this state through any one axle or on any tandem axle, the total gross weight with load imposed by any group of two or more consecutive axles of any vehicle or combination of vehicles shall not exceed the maximum load in pounds as set forth in the following table:
Distance in feet between the extremes of any group of two (2) or more consecutive axles, measured to the nearest foot, except where indicated otherwise.
Notwithstanding the above table, two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more.
[CC 1977 §33-366; Ord. No. 845 §6, 12-3-1969]
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.
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]
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.
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.
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.