§ 72.02 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   OPERATOR. A person who drives or is in actual physical control of a vehicle upon a highway.

   OWNER. A person who holds legal title of a vehicle.

   PERSON. An individual, a firm, a partnership, an association, a fiduciary, an executor or administrator, a governmental entity, a limited liability company or a corporation.

   VEHICLE. Except as otherwise provided in this section, a device in, upon or by which a person or property is, or may be, transported or drawn upon a county road or highway. VEHICLE does not include the following:

      (1)   A device moved by human power;

      (2)   A device that runs only on rails or tracks;

      (3)   A fire truck and apparatus owned by a person or municipal division of the state and used for fire protection; and

      (4)   A police patrol wagon.

(Ord. 1996-01, passed 2-14-1996)

§ 72.03 ISSUANCE OF PERMITS.

   (A)   The County Highway Department shall issue and maintain permits and records related to the issuing of the permits.

   (B)   Consistent with the purposes of this chapter, the County Highway Superintendent is hereby authorized and directed, when conditions may require, to restrict the weight limits for vehicles over 34,000 pounds permitted to travel county highways and the specific roads and travel routes which the traffic is permitted to travel.

   (C)   Consistent with the purposes of this chapter, the County Highway Superintendent is further authorized to prohibit the operation of vehicles, trucks or commercial vehicles upon any county highway.

(Ord. 1996-01, passed 2-14-1996)

§ 72.04 GENERAL RESTRICTIONS.

   (A)   No person shall operate any vehicle or combination of vehicles having a total gross weight, with load, in excess of 20,000 pounds, over, upon or across any county highway unless and except the person first obtains a written permit from the County Highway Department.

   (B)   Any person granted a road permit shall operate its vehicles and transport the permitted weight loads only upon the roads and highways of the county system on the route and as specified in the permit.

   (C)   As a part of the permit, and prior to traveling any county highway designated in the permit, any person seeking to operate a vehicle or combination of vehicles having a total gross weight, with a load in excess of 20,000 pounds, may be required by the County Highway Superintendent to file a bond for gravel, chip-and-seal, asphalt or black-top roads in a sum established pursuant to a schedule adopted by the Highway Superintendent from time to time.

   (D)   All operators of vehicles or combinations of vehicles having a total gross weight, with a load in excess of 20,000 pounds, shall carry the permit issued by the County Highway Department (or a true and exact copy of the same) within the vehicle all times when the operators are operating the vehicle upon, along or across any county road or highway.

(Ord. 1996-01, passed 2-14-1996)

§ 72.05 SCOPE.

   (A)   This chapter applies to all public roads and highways in the county system and within the territorial limits of the county, except roads or highways in the state highway system of the state and the highways in the federal highway system.

   (B)   This chapter shall be applied and enforced in conformity with I.C. 9-20-1-3.

(Ord. 1996-01, passed 2-14-1996)

§ 72.06 EXEMPTIONS.

   This chapter and all regulations issued in connection therewith shall not apply to any school bus which transports children to and from the public and private schools in the county or any buses which are not more than 45 feet in length.

(Ord. 1996-01, passed 2-14-1996)

§ 72.07 EFFECTIVE DATE.

   This chapter shall become effective from and after its passage by the County Board of Commissioners and after its publication as required by law.

(Ord. 1996-01, passed 2-14-1996)

§ 72.99 PENALTY.

   (A)   Any person who violates § 72.04(C) commits an ordinance violation and shall be fined a minimum of $500 and a maximum of $2,500 per violation, plus all costs and attorneys fees for the collection of such fines. Any person who violates § 72.04(C) more than two times within a 30-day period shall be fined $2,500 for each violation. Each day a person violates § 72.04(C) shall constitute a separate ordinance violation.

   (B)   Any penalty imposed by this chapter shall not, in any way, limit, restrict or invalidate any civil action for damages brought on behalf of the county for damages caused by the violation of this chapter to any county road or highway.

   (C)   Any person found to be in violation of any provision of this chapter shall, in addition to any fines, be assessed all costs and expenses, including reasonable attorney fees, incurred by the county in the enforcement of this chapter.

(Ord. 1996-01, passed 2-14-1996)