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Any police or peace officer employed in the State of Arizona, having reason to believe that the weight of a vehicle and load does not conform to the provisions of this code, is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that the vehicle be driven to the nearest public scales in the event the scales are within 2 miles.
(Prior Code, § 12-4-4) (Am. Ord. 1356, passed 4-6-2010) Penalty, see Vol. I, § 12-4-8
(A) When an officer, upon weighing a vehicle and load as provided in Vol. I, § 12-4-4, determines that the weight does not conform to the provisions of this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit as permitted under this article.
(B) All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.
(Prior Code, § 12-4-5) (Am. Ord. 1356, passed 4-6-2010) Penalty, see Vol. I, § 12-4-8
(A) Any person driving any vehicle, object or contrivance upon any street, highway or highway structure shall be liable for all damage which the street, highway or structure may sustain as a result of any illegal operation, driving or moving of the vehicle, object or contrivance, or as a result of operating, driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight in this article, even if authorized by a special permit issued as provided in A.R.S. §§ 28-1103 or 28-1144.
(B) When the driver is not the owner of the vehicle, object or contrivance, but is so operating, driving or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage.
(Prior Code, § 12-4-6) (Am. Ord. 1356, passed 4-6-2010)
The Public Works Director or his or her designee, upon application in writing and good cause shown, may issue a special permit in writing authorizing the applicant to operate a vehicle or load exceeding the maximum specified in this article on any street under the jurisdiction of the city. Appeals shall be directed to the City Manager within 5 calendar days and the City Manager shall have 3 business days to decide the appeal, with such decision being final and binding.
(Prior Code, § 12-4-7) (Am. Ord. 1356, passed 4-6-2010)
(A) In addition to any other penalties provided herein, any person convicted of violating the provisions of this article shall be punished by a fine set forth in the following table:
1,001 to 1,250 pounds in excess | $100 |
1,251 to 1,500 pounds in excess | $200 |
1,501 to 2,000 pounds in excess | $300 |
2,001 to 2,500 pounds in excess | $400 |
2,501 to 3,000 pounds in excess | $500 |
3,001 to 3,500 pounds in excess | $840 |
3,501 to 4,000 pounds in excess | $980 |
4,001 to 4,500 pounds in excess | $1,120 |
4,501 to 4,750 pounds in excess | $1,260 |
4,751 to 5,000 pounds in excess | $1,400 |
Over 5,001 pounds in excess | $1,400 plus an additional $100 for each 1,000 pounds of excess weight |
(B) If any arresting officer finds that the person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to reload the vehicle to comply with the axle weight limitations, and if the driver so complies, he or she shall not be subject to arrest or fine. If the driver does not comply with the request of the officer to reload, the driver shall be subject to arrest and fine as provided by this section.
(Prior Code, § 12-4-8) (Am. Ord. 1356, passed 4-6-2010)
Statutory reference:
Progressive Class 2 and Class 3 misdemeanor penalty, see A.R.S. § 28-1101
Set forth below is the City of Apache Junction’s designated Truck Route map referred to and included in Vol. I, § 12-4-2.
(Ord. 1356, passed 4-6-2010)
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