(A) Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
VEHICLE. A device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.
(B) Restrictions.
(1) A person shall not drive or move and the owner of a vehicle shall not knowingly cause or permit to be driven or moved on a highway a vehicle or vehicles of a weight exceeding the limitations set forth in A.R.S. §§ 28-1091 et seq., the provisions of which are adopted by reference as though fully contained in this section.
(2) Exceptions. The weight and load provisions of this section do not apply to:
(a) Fire apparatus;
(b) Urban public transit transportation system vehicles;
(c) Implements of husbandry, including farm tractors, that are temporally moved on a highway;
(d) Emergency vehicles;
(e) School buses;
(f) Personal use pickup trucks and recreational vehicles;
(g) Vehicles operated under the terms of a special permit issued pursuant to this section; and
(h) Users of highways within the town limits that are within the state highway system and under the jurisdiction of the state that are in compliance with weight requirements of state law.
(3) Escort vehicle operators are not responsible for violations of this section committed by the operator of the escorted vehicle or the owner of the escorted vehicle.
(C) Weighing of vehicles.
(1) Any town police officer having reason to believe that the weight of a vehicle or vehicle and load does not conform to the requirements set forth in this section has the same powers and authority to stop and weigh and to direct the driver or operator as any police or peace officer has under the authority of A.R.S. § 28-1102 concerning state roads.
(2) A town police officer may require the weighing of a commercial vehicle by means of portable scales at any time.
(3) A driver or operator of a vehicle shall not knowingly fail or refuse to stop and submit the vehicle and load to a weighing or knowingly fail to refuse to drive or move the vehicle as requested by a town police officer to the nearest public scales, if the scales are within two miles.
(D) Unlawful weight. If, on weighing a vehicle and load, a town police officer determines that the weight does not conform to the requirements set forth in this section, the officer may require the driver or operator to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight to the limit permitted by law. A driver or operator of a vehicle shall not knowingly fail to refuse the direction of the officer to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight to the limit permitted by law.
(E) Damage to the street.
(1) 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 section, even if authorized by a special permit issued as provided in this section.
(2) 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, than the owner and driver shall be jointly and severally liable for any damage.
(F) Overweight permits. The Town Manager, 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 section on any street under the jurisdiction of the town.
(G) Penalties.
(1) A person who violates any provision of this section is subject to a civil penalty as follows:
If the excess weight is: | The minimum fine is: |
1 to 1,250 pounds | $100 |
1,251 to 1,500 pounds | $200 |
1,501 to 2,000 pounds | $300 |
2,001 to 2,500 pounds | $400 |
2,501 to 3,000 pounds | $500 |
3,001 to 3,500 pounds | $840 |
3,501 to 4,000 pounds | $980 |
4,001 to 4,500 pounds | $1,120 |
4,501 to 4,750 pounds | $1,260 |
4,751 to 5,000 pounds | $1,400 |
5,000 pounds and over | $1,400 plus an additional $100 for each 1,000 pounds of excess weight to the maximum fine of $2,000 |
(2) The forgoing minimum fines do not include all applicable state and local enhancement fees, surcharges and assessments, which shall be charged in addition to these minimum fines.
(3) A person who commits a second violation of this section within three months of a preceding judgment is guilty of a Class 1 misdemeanor.
(4) A person who commits a second violation of this section within six months of a preceding judgment is guilty of a Class 2 misdemeanor.
(5) A person who commits a second violation of this section within one year of a preceding judgement is guilty of a Class 3 misdemeanor.
(Ord. 591-13, passed 2-4-2013)