[Ord. No. 08-12, 5-13-2008]
Pursuant to the authority of the Code of Virginia, § 46.2-1138.1, the motor vehicle weight limits provided in the Code of Virginia, Title 46.2, Ch. 10, "Motor Vehicle and Equipment Safety," Art. 17, "Maximum Vehicle Weights," §§ 46.2-1123 through 46.2-1127, as in force May 1, 2008, and as amended in the future are hereby adopted and incorporated in this chapter by reference and made applicable within the City. Such weight limits shall be subject to the extensions as provided in the Code of Virginia, Title 46.2. Reference to "highways" or "highways of the commonwealth" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the City. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein. The term "department," used herein shall mean the Commonwealth of Virginia Department of Motor Vehicles.
[Ord. No. 08-12, 5-13-2008]
A.
No vehicle shall cross any bridge or culvert in the City if the gross
weight of such vehicle is greater than the amount posted for the bridge
or culvert as its carrying capacity.
B.
Signs stating the carrying capacity shall be erected and maintained
near each end of the bridge or culvert on the approaches to such bridge
or culvert. Whenever the weight capacity of any structure on a City
street is reduced below the weight limit permitted on the road of
which it is a part, a sign indicating that there is a restricted structure
shall be placed in advance of the last alternate route on the road
upon which there is a restricted structure.
[Ord. No. 08-12, 5-13-2008]
Upon a finding of a violation of any weight limit prescribed
herein, the court shall assess the owner, operator or other person
causing the operation of such overweight vehicle a civil penalty of
$25 and a processing fee of $20 in addition to any liquidated damages
imposed by this article or weighing fees imposed by Code of Virginia,
Title 46.2. The penalties, damages and fees hereinabove specified
shall be in addition to any other liability which may be legally fixed
against the owner, operator or other person charged with the weight
violation for damage to a highway or bridge attributable to such weight
violation.
[Ord. No. 08-12, 5-13-2008]
Notwithstanding any other provision of law, all violations of
any weight limit as provided in this article or any permit issued
by either the Department of Motor Vehicles or its designee or by local
authorities pursuant to this chapter shall be processed in the following
manner:
A.
The officer charging the violation shall serve a citation on the
operator of the overweight vehicle. The citation shall be directed
to the owner, operator, or other person responsible for the overweight
violation as determined by the officer. Service of the citation on
the vehicle operator shall constitute service of process upon the
owner, operator, or other person charged with the weight violation
as provided in the Code of Virginia § 46.2-1136.
B.
The officer charging the violation shall cause the citation to be
delivered or mailed by first-class mail to the department within 24
hours after it is served.
C.
The owner, operator, or other person charged with the weight violation
shall, within 21 days after the citation is served upon the vehicle
operator, either make full payment to the department of the civil
penalty, liquidated damages, weighing fee, and processing fee as stated
on the citation, or deliver to the department a written notice of
his election to contest the overweight charge in court.
D.
Failure of the owner, operator, or other person charged with the
weight violation to timely deliver to the department either payment
in full of the uncontested civil penalty, liquidated damages, weighing
fee, and processing fee or a notice of contest of the weight violation
shall cause the department to issue an administrative order of assessment
against such person. A copy of the order shall be sent by first-class
mail to the person charged with the weight violation. Any such administrative
order shall have the same effect as a judgment for liquidated damages
entered by a general district court.
E.
Upon timely receipt of a notice of contest of an overweight charge,
the department shall:
F.
Notices and pleadings may be served by first-class mail sent to the
address shown on the citation as the address of the person charged
with the weight violation or, if none is shown, to the address of
record for the person to whom the vehicle is registered.
G.
An alleged weight violation which is contested shall be tried as
a civil case. The City Attorney shall represent the interests of the
City. The disposition of the case shall be recorded in an appropriate
order, a copy of which shall be sent to the department in lieu of
any record which may be otherwise required by the Code of Virginia
§ 46.2-383. If judgment is for the City, payment shall be
made to the treasurer.
[Ord. No. 08-12, 5-13-2008]
City police officers are authorized to serve process or weigh
vehicles under the provisions of this article. Such officers shall
have the authority to hold an overweight vehicle without an attachment
summons or court order in accordance with the provisions of the Code
of Virginia § 46.2-1134.
[Ord. No. 08-12, 5-13-2008]
Any person violating any weight limit as provided in this chapter or in any permit issued pursuant to the Code of Virginia, Title 46.2, ch. 10, art. 18 shall be assessed liquidated damages in the amounts prescribed in the Code of Virginia § 46.2-1135. If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 2,500 pounds, the general district court may waive the liquidated damages against such person. The assessment shall be entered by the court as a judgment for the City. The entry of such judgment shall constitute a lien upon the overweight vehicle. Such sums shall be paid to the treasury of the City, and allocated to the fund appropriated by the City for the construction and maintenance of City streets and bridges.
