(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTY HIGHWAY. Any public roadway now, or hereafter, coming under the jurisdiction and control of the County Highway Department and County Road Superintendent.
PERIOD OF POTENTIAL HAZARD AND DETERIORATION. A period of time not to exceed 60 days during the late winter and early spring of the year when, due to increased temperatures, the thawing of the ground, and the melting of snow and ice, the road surfaces and underlying ground are in the process of thawing and are unstable, and there is an extreme potential for hazard, deterioration, and destruction of the road surface.
VEHICLE. Every device in, upon, or by which any person or property is, or may be, transported and drawn upon a county highway.
(B) Violation. It shall be unlawful for any person, firm, or corporation, for any reason, to operate or control, upon or across, or over, any county highway, or county road, any vehicle having a total gross weight in excess of 10,000 pounds for single axle, and 20,000 pounds for duel axle, during any period of potential hazard and deterioration.
(C) Administration.
(1) The County Engineer and the County Road Superintendent shall, each year, determine the period of potential hazard and deterioration based upon their investigation and inspection of county roads in light of current weather conditions.
(2) The County Engineer and the County Road Superintendent shall, upon determining the period of potential hazard and deterioration, cause a report of their findings and the specific dates determining the period, to be filed with the County Board of Commissioners and the County Auditor.
(3) (a) Upon receipt of the report of the County Engineer and County Road Superintendent, and acceptance and approval of said report by the County Board of Commissioners, the County Auditor shall cause to be published in the newspaper of general circulation within the county, a notice, complying with the requirements of division (D) below. Copies of the notice shall also be directed to all law enforcement agencies operating within, and for, the county.
(b) The County Auditor shall further maintain lists of all persons, firms, and corporations who regularly operate vehicles in excess of 20,000 pounds upon county highways. These persons, firms, or corporations shall receive a separate notice, in writing, of the determination of the period of potential hazard and deterioration, said notice to be provided when the foregoing have caused their names to be placed upon the list maintained by the County Auditor.
(D) Notice. Notice required in the foregoing section shall comply with this section and contain the following:
(1) The notice shall specifically designate the date upon which the period of potential hazard and deterioration begins, the period (not to exceed 60 days) which it will continue, and the date upon which it will expire.
(2) The notice shall state the findings contained in the report of the County Engineer and County Road Superintendent, their recommendations to the Board of Commissioners, and the Board’s acceptance and approval of the report.
(3) The notice shall then state that vehicular traffic in excess of 20,000 pounds gross weight is prohibited from being operated or moved over, upon, or across all county highways and roads during the period of potential hazard and deterioration.
(4) The notice shall also set forth the penalty for violation of this section as set forth in § 70.99.
(E) Closed roads. The County Engineer and the County Road Superintendent may also, at any time upon investigation and inspection of county highways, report to the Board of Commissioners, as set forth in division (C) above, that certain roads, or portions of roads, in the county to be extremely hazardous to the health and safety of those citizens using the roads, and recommend that these roads be closed to vehicular traffic. Upon receipt of said report and acceptance of the recommendation therein, the Board of Commissioners may order, and declare, those roads therein designated to be closed, and that barricades and warnings be erected as are necessary to limit said traffic. In the event of road closings under this section, the roads may be closed immediately, and notice published as set forth in division (D) above following the erection of signs and barricades and warnings.
(F) Disclaimer of liability. This section does not certify as to the safety of travel upon county highways and roads by vehicular traffic of any weight, in all weather conditions, under all other relevant circumstances when the limitations and/or closings are not in effect. This section shall not create any liability on the part of the county, or any officer or employee thereof, for any damages that result of vehicular traffic upon any county highway or road that results from reliance on this section, or administrative decision thoughtfully made hereunder.
(Ord. 1979 6, passed 3-5-1979) Penalty, see § 70.99