(a) No person shall operate a tractor-trailer regardless of weight, a double axle truck, regardless of weight, a single axle truck exceeding a gross weight of five tons, or any other motor vehicle exceeding a gross weight of five tons upon any street in the Municipality other than:
(1) Locust Street, from Cherry Street to the eastern corporation line.
(2) Cherry Street from Milan Street to the northern corporation line.
(3) Canal Street, from Cherry Street to the southern corporation line.
Until the bridge on Cherry Street over the Tuscarawas River is replaced with a structure having no load restriction, the following streets may also be used for Through Truck Traffic:
(1) Canal Street from Market Street to Cherry Street.
(2) Market Street, from Canal Street to Milan Street.
(3) Milan Street, from the Southern Corporation line to Market Street.
(b) The prohibitions contained in subsection (a) hereof shall apply to trucks from Out of Town Businesses end trucks from In Town Businesses; however, it shall be an affirmative defense to the charge if the truck on the street prohibited can present evidence that:
(1) Travel on the street was necessary to make a delivery or pick up on that street or a nearby street in the City.
(2) Travel on the street was necessary for storage of such vehicle.
(3) The vehicle is a Trash Hauler licensed by the City, a school bus, a governmental vehicle on official business, an agricultural vehicle or a vehicle which has obtained a permit under subsection (c) hereof.
(c) Local Permit and Conditions.
(1) Upon application and for good cause, the Police Chief and the City Manager may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets.
(2) 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.
(3) The Police Chief and the City Manager 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 and the City Manager in their discretion deem advisable, or for the duration of any construction project. The Police Chief and the City Manager 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 and the City Manager may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
(4) For each such permit, the Police Chief and the City Manager shall charge five dollars ($5.00) 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 ten dollars ($10.00).
(5) Signs shall be posted indicating "No Through 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.
(6) Violation of any of the limitations, terms or conditions of the permit granted by the Police Chief and the City Manager 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.
(d) No owner and/or employer of any driver of any truck shall cause his employee and/or driver to purposely violate Section 339.02(a). Such violation by an owner and/or employer shall be deemed to be a first degree misdemeanor.
(Ord. 37-88. Passed 10-18-89.)