For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
COSTS AND EXPENSES. The monetary value of the material and labor incurred by the County Highway Department to make necessary repairs to the damage of the streets and highways under the county’s jurisdiction due to the operation of heavy equipment and machinery upon the streets and highways under the county’s jurisdiction.
DAMAGE. Any material change to the surface of a public roadway that creates or has the potential to create an unsafe surface to the roadway resulting from heavy equipment and machinery entering on to or off of and traveling upon streets and highways under the county’s jurisdiction, including, but not limited to:
(1) Ruts, tracks, or damages caused upon the grade, pavement, or surface of the streets and highways under the county’s jurisdiction;
(2) Alterations in the grade or damage to the side ditches, culverts, or drainage tile of streets and highways under the county’s jurisdiction; and
(3) Other damages that are observable due to heavy equipment and machinery use upon the streets, highways, and rights-of-way under the county’s jurisdiction.
HEAVY EQUIPMENT AND MACHINERY.
(1) Any equipment or machinery used to move earth, including, but not limited to:
(a) Bulldozers;
(b) Backhoes;
(c) Dump trucks;
(d) Skid loaders; and
(e) Similar such equipment or machinery.
(2) Any machinery or equipment used for agricultural purposes, including, but not limited to:
(a) Combines;
(b) Planters;
(c) Grain trucks, including semi-tractor trailers;
(d) Tractors;
(e) Implements; and
(f) Similar such machinery or equipment.
INVESTIGATION. The visual inspection of the damage by the County Highway Department to damage to the streets and highways under the county’s jurisdiction and estimate of the costs and expenses to repair the damage caused by heavy equipment or machinery.
PERSON(S). The individual, company, limited liability company, or other such entity who owns and/or operated the heavy equipment and machinery that resulted in the damage to streets and highways under the county’s jurisdiction and who are identified in the written report.
REPAIRS. The restoring of damage to the streets and highways under the county’s jurisdiction to the standards required by law by the County Highway Department.
WRITTEN REPORT. The written findings of the County Highway Department after investigation of damage to the streets and highways under the county’s jurisdiction including an estimate of the costs and expenses to make repairs to the damage to the streets and highways under the county’s jurisdiction.
(Ord. 2020-3, passed 3-10-2020)