The Board of Commissioners state that Moser Knob Road, Spickert Knob Road, and Fairview Knob Road be restricted as follows.
(A) County road weight limits.
(1) The load-carrying capacity of Moser Knob Road, Spickert Knob Road, and Fairview Knob Road is insufficient to accommodate excessive loads.
(2) Vehicular wheel loads that exceed the load-carrying capacity of road pavement and road foundation can produce serious destruction and damage to the road pavement and road foundation, causing inconvenience to the traveling public and necessitating excessive and expensive road repairs and maintenance.
(3) The Board of Commissioners desire to reduce road damage and destruction, to reduce the inconvenience to the traveling public, and to conserve the repair and maintenance funds for the general improvement of the County Highway System for the benefit of the traveling public.
(4) No trucks are allowed to proceed up or down Moser Knob Road, Spickert Knob Road, and Fairview Knob Road that exceed a weight limit of six tons per axle. In addition, the driver of any dump truck or concrete truck shall have a current weight ticket in his or her possession confirming the weight of the vehicle. In the event that the driver does not have a weight ticket in his or her possession, the driver shall be deemed to be in violation of this section. No semi-tractor trailer trucks shall be allowed on said roads. Further, said vehicles shall be considered in violation of this section if said vehicles pass the posted signs regarding the same. County government vehicles are exempted from this section.
(5) The Board of Commissioners proclaim the urgent necessity that this section take effect immediately, and the Board of Commissioners direct that copies of this section be posted in three public places in the county, pursuant to I.C. 36-3-4-14(c)(2).
(B) Establishment of preferred truck routes. The county hereby designates the following roads/highways as preferred routes for heavy truck traffic to and from the county and the City of New Albany:
(1) Paoli Pike; and
(2) Interstate-64.
(C) Violations. Violations of division (A) above shall result in the following fines:
(1) A first violation by owner of vehicles shall be $100;
(2) A second violation by owner of vehicles shall be $500; and
(3) A third violation or more violations by owner of vehicles shall be $1,000 for each violation.
(D) Enforcement.
(1) The Sheriff’s Department shall have authority to issue citations for violation of division (A) above.
(2) The County Clerk’s office shall have authority to collect the fines.
(3) The County Auditor’s office shall be responsible to account for the collection of said fines in the Motor Vehicle Highway Account 1176.
(4) The County Attorney, or his or her designee, shall have authority to take action for any fines not paid within 30 days of the issuance of the citation.
(5) An appeal of the citation shall be filed with the Board of Commissioners within 30 days of issuance. If an appeal is filed with the Board of Commissioners, the issue will be placed on the next meeting scheduled after notice to the party. If no appeal is made, the fine is considered final.
(Ord. 2018-19, passed 12-12-2018)