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(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LEVEE. Any levee located within Jackson County built for the distinct purpose of flood control.
MOTOR VEHICLE. Any vehicle which is self-propelled and designated to travel along the ground and shall include, but not be limited to automobiles, buses, motor-bikes, motorcycles, motor-scooters, trucks, tractors, go-carts, campers, 4-wheelers, and 3-wheelers.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
(B) It shall be unlawful for any person to operate or cause to be operated, enter, park, drive, or leave unattended a motor vehicle upon any levee that is situated in Jackson County, Arkansas.
(Ord. 2008-9, passed 9-8-08) Penalty, see § 70.99
(A) The County Judge is hereby authorized, in his sole discretion, to set weight limits on any or all county roads and bridges for their protection against damage from excessive weight of motor vehicles, objects or contrivances traveling or moving on or across county roads and bridges.
(B) Said weight limits may be assigned to and posted on any or all county roads and bridges whether damage thereto is caused by excessive weight, wet weather, a combination of both or otherwise.
(C) The County Judge is authorized to determine the maximum weight to be placed on roads and bridges, which roads require weight limits, and how long weight limits will remain in effect so posting may be temporary or permanent. This section is not intended to limit or restrict the County Judge's authority herein.
(D) When maximum weight limits are set on a county road, warning signs shall be posted/placed at the beginning and end of such road and in the middle thereof. Weight limits on county bridges shall be posted/placed at each end of said bridge.
(E) The provisions herein governing weight limits placed on county roads shall not apply to fire apparatus, county road machinery, or to implements of husbandry, including farm tractors, farm machinery, farm trucks, and timber trucks, temporarily moving upon a county road.
(Ord. 2016-2, passed 5-12-16) Penalty, see § 70.99
(A) General. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Operating motor vehicle on levee. Any person who shall violate any of the provisions of § 70.02, or who shall counsel, aid, or abet any such violation, shall be deemed guilty of an offense and shall be punished by a fine not to exceed $500 or by imprisonment for not to exceed 30 days, either or both penalties to be imposed at the discretion of the court.
(C) (1) Weight limits on county roads and bridges. Any operator of a motor vehicle, object or contrivance found in violation of the posted maximum weight limit on any county road or bridge shall be guilty of a misdemeanor. Also, any owner, principal, employer, lessor, lessee, agent or officer of any firm, organization, corporation or other entity who permits an operator to violate said maximum weight limit shall be guilty of a misdemeanor.
(a) Upon a first conviction, an offender shall be punished by a fine of not more than $100.
(b) For a second conviction within one year, an offender shall be punished by a fine of not more than $200.
(c) For a third conviction and each successive conviction within one year, an offender shall be punished by a fine of not more than $500.
(2) The following penalties shall be imposed:
(a) Overweight 1,000 lbs. or less, a minimum penalty of $10 or a maximum penalty of $20.
(b) Overweight more than 1,000 lbs. and not more than 2,000 lbs., a penalty of $0.02 per pound of excess weight.
(c) Overweight more than 2,000 lbs. and not more than 3,000 lbs., a penalty of $0.03 per pound of excess weight.
(d) Overweight more than 3,000 lbs. and not more than 4,000 lbs., a penalty of $0.04 per pound of excess weight.
(e) Overweight more than 4,000 lbs. and not more than 10,000 lbs., a penalty of $0.05 per pound of excess weight.
(f) Overweight more than 10,000 lbs. a penalty of $0.08 per pound of excess weight for the first offense during a calendar year, and $0.10 per pound of excess weight for all successive violations in the same calendar year.
(3) Any person driving any vehicle, object, or contrivance upon any county road and/or bridge shall be liable for all damage which any county road and/or bridge may sustain as a result of any careless, negligent, or illegal operation, driving or moving of that vehicle, object, or contrivance. Whenever the driver is not the owner of the vehicle, object, or contrivance, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage. Damage may be recovered in a civil action brought by the authorities of the county.
(Ord. 2008-9, passed 9-8-08; Am. Ord. 2016-2, passed 5-12-16)