§ 70.16 TEN THOUSAND POUND (FIVE TON) RESTRICTION ON RESIDENTIAL STREETS.
   (A)   General restriction. No person shall drive any vehicle on a residential street if that vehicle has gross weight of more than 10,000 pounds (five tons).
   (B)   Limited exceptions to weight limitations. Division (A) above shall not apply to vehicles under the following circumstances:
      (1)   Any public or private emergency or medical services vehicle;
      (2)   Regular trash removal and pickup service vehicle;
      (3)   Recreational vehicles owned by Fortville residents or visiting guests;
      (4)   Vehicles picking up and/or delivering goods, or performing services to or at any location abutting or accessed by a town street, provided that the drivers of same have in their possession written confirmation or the name and telephone number of an individual who is authorized and able to confirm that they are then engaged in such pick-up, delivery of goods or provision of services;
      (5)   Moving vans engaged in removing or delivering residential or business property;
      (6)   Construction vehicles which are entering or leaving a construction site which cannot reasonably be accessed by another route;
      (7)   School buses titled to a municipal entity and use to transport children to and from school and to and from athletic games, events or school functions, but not including privately owned vehicles with the capacity of five passengers or less;
      (8)   (a)   Any vehicle(s) for which permission is granted by the Street Superintendent or Town Marshal to use residential streets or establish a service route on residential streets;
         (b)   However, in any such case, such vehicles shall travel over the shortest possible route upon said street from the point of entry and shall leave the same at the nearest available point of exit;
      (9)   Vehicles owned and operated by a governmental agency;
      (10)   Anyone violating any of the provisions of this section shall be subject to a fine as determined by § 10.99 for each violation thereof.
   (C)   Definition. For purposes of this section, RESIDENTIAL STREET shall mean any roadway within the town limits which is primarily used to provide circulation of vehicular traffic within neighborhood areas, or to provide convenient means of ingress and egress for vehicular traffic to reach main arterial streets, state and federal highways.
   (D)   Streets not covered by this restriction.
      (1)   The following streets are not covered by this restriction:
         (a)   Any state highway within the town limits;
         (b)   Garden Street/1000 North, from State Road 67 to the west corporate limits;
         (c)   Fortville Pike/Maple Street, from State Road 67 south to corporate limits;
         (d)   Industrial Drive;
         (e)   Commerce Parkway;
         (f)   Business Park Drive;
         (g)   Ohio Street, from State Road 67 east to Business Park Drive;
         (h)   Michigan Street;
         (i)   Merrill Street, from Michigan Street north to the corporate limits.
      (2)   Any other street within the town limits will fall under this five-ton limit.
(Ord. 2010-2A, passed 3-15-10; Am. Ord. 2012-11B, passed 11-19-12)