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(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)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVIL TRAFFIC VIOLATION. Any violation of any city ordinance or provision of this code which regulates the time, place or method of parking. Parking violations are civil traffic violations of this code.
PARKING. The standing of a vehicle, whether occupied or not.
VEHICLE. Either:
(1) A self-propelled vehicle; or
(2) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel, including, but not limited to, motor vehicles, trucks with semi-trailers (i.e. big rigs), RVs, campers and golf carts but does not include a motorized wheelchair, an electric personal assistive mobility device or a motorized skateboard.
(Ord. 1356, passed 4-6-2010)
(A) Stopping, standing or parking at all times on any street is prohibited if official signs are erected and in place giving notice thereof that stopping, standing or parking is prohibited.
(B) It is unlawful for a vehicle to be parked in violation of any city ordinance or provision of this code regulating the time, place or method of parking. Violations of any city ordinance or provision of this code regulating the time, place or method of parking which are continuous in nature shall constitute a separate and distinct violation for each full hour thereof.
(C) Whenever a vehicle is parked in violation of a city ordinance or provision of this code regulating the time, place or method of parking, the owner or owners of the vehicle, the registered owner or owners of the vehicle and the person who parked or placed the vehicle where the violation occurred shall be jointly and individually liable for the violation and for the civil sanction prescribed herein.
(D) A vehicle parked contrary to or inconsistent with any city ordinance or provision of this code regulating the time, place or method of parking which provides that “no person” may stop, stand or park a vehicle at a designated location or contrary to any limitations, restrictions or other provision regulating the time, place or method of parking, is deemed to be parked in violation of the ordinance or provision of this code.
(E) Whenever a vehicle is parked upon the public right-of-way or other property in violation of this code and the vehicle has previously been the subject of 5 or more violations of the same parking provision of this code within a 12 month period but the civil sanctions prescribed under the Apache Junction City Code for those violations have not been satisfied, then the vehicle shall be deemed to constitute a public nuisance and the owner of the vehicle consents to immobilization, towing and impoundment of the vehicle. A possessory lien is hereby created and attached to such vehicle for the payment, in cash or its equivalent, of all current and accumulated parking tickets and for reasonable costs associated with immobilization, towing and impoundment.
(Ord. 1356, passed 4-6-2010) Penalty, see Vol. I, § 1-1-11
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