339.01 OPERATION OF VEHICLE ON ROADWAY IN EXCESS OF PRESCRIBED WEIGHTS FORBIDDEN.

   (a)   Definitions. As used in this chapter:

      (1)   “Axle” means one or more load carrying wheels mounted in a single transverse or vertical plane.

      (2)   “B-train Assembly” means any rigid frame extension that is attached to the rear frame of one semi-trailer and provides a fifth wheel connection point for a second semi-trailer.

      (3)   “Boat transporter” means any vehicle combination including a straight truck towing a trailer typically using a ball and socket connection, designed and used specifically for the transport of boat hulls and boats, whether the hulls or boats are assembled or partially disassembled to facilitate transportation.

      (4)   “Commercial truck” means every motor vehicle, except trailers and semi- trailers, designed and used to carry property and having more than two axles or more than six tires or wheels.

      (5)   “Farming machinery” means all machines and tools used in production, harvesting and care of farm products, including trailers used to transport agricultural produce or agricultural production materials between a local agricultural place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of twenty-five miles per hour, or less. (ORC 4501.01(X))

      (6)   “Maximum axle load” means the gross weight of vehicle and load imposed upon by any axle upon the road surface.

      (7)   “Maximum wheel load” means any proportionate gross weight of vehicle and load imposed by any wheel upon the road surface.

      (8)   “Saddlemount vehicle transporter combination” means any combination of vehicles in which a straight truck or commercial tractor tows one or more straight trucks of commercial tractor, each connected by a saddle to the frame or fifth wheel of a straight truck or commercial tractor in front of it. Such a combination may include a fullmount, in which a smaller vehicle is mounted completely on a frame of either the first or last straight truck or commercial tractor in a saddlemount combination.

      (9)   “Spacing between axles” means the distance between any two successive such planes.

      (10)   “Stinger-steered automobile transporter” means any automobile transporter configured as a semi-trailer combination in which the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit.

      (11)   “Tow truck” means any vehicle equipped with a crane type device for and ordinarily used to tow disabled motor vehicles by means of lifting at least one axle off the ground.

      (12)   “Vehicle” means any single vehicle when not in combination, or any combination of vehicles.

   (b)   No person shall operate or move a vehicle or combination of vehicles, trackless trolley, traction engine, steam roller, or any other vehicle, load, structure, whether propelled by muscular or motor power (not including fire engines, fire trucks or any other apparatus belonging to or used by any municipal or volunteer fire department in the discharge of its functions) upon any roadway, highways, bridges, or culverts in the City of Brooklyn, Ohio, upon wheels, rollers, or otherwise weighing in excess of the size or weights as specified in Chapter 339 of the Brooklyn City Codified Ordinances and Ohio R.C. 5577.01 to 5577.09. An exception exists when a City of Brooklyn Overweight Permit and/or a State of Ohio Special Hauling Permit has been issued. Every such original permit, issued by either the City of Brooklyn or the State of Ohio, shall be carried in the vehicle to which it refers and shall be open to inspection by any police officer. Whoever violates any provision of a City of Brooklyn Overweight Permit and/or a State of Ohio Special Hauling Permit, will cause the permit to become invalid and will be subject to all weight and load laws.
(Ord. 2003-32. Passed 6-19-03.)

339.02 USE OF LOCAL STREETS; LOCAL PERMIT AND CONDITIONS.

   (a)    Use of Local Streets. No person shall operate a vehicle exceeding a size as specified in Section 339.03 or exceeding a gross weight of five tons, upon any street in the Municipality other than a State route, except those local streets designated as a truck route and marked as such by appropriate traffic signs, and except when such operation is necessary to load or unload property, to go to or from the usual place of storage of such vehicle or to perform any other legitimate business or act other than passage through the Municipality. Operators of vehicles so deviating from either a State route or a designated truck route within the Municipality shall confine such deviation to that required in order to accomplish the purpose of the departure.

   (b)   Local Permit and Conditions. Upon application and for good cause, the Police Chief may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets.

   No permittee shall be required to obtain a special permit from the Ohio Director of Transportation for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the Ohio Director of Transportation shall be required for movement upon State routes as provided in Section 339.01.

   The Police Chief may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Police Chief in his discretion deems advisable, or for the duration of any construction project. The Police Chief may limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed or such other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The Police Chief may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.

   For each such permit, the Police Chief shall charge fifty dollars ($50.00), and for each hour of time or any part thereof spent by each police officer in supervising the movement of such vehicle, the applicant shall pay the sum of thirty dollars ($30.00) per hour per officer. The charge can be prorated into fifteen minute increments. (Ord. 2010-43. Passed 10-12-10.)

   Signs shall be posted indicating "no thru trucks - gross weight 5 tons" or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.

   Violation of any of the limitations, terms or conditions of the permit granted by the Police Chief shall be cause for immediate revocation or suspension of such permit, and denial of request for any future permit. Such violation shall also subject the violator to the penalty prescribed by Section 303.99.