(A) Purpose. The purpose of this section is to establish weight limits for vehicles operated on county roads.
(B) 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 through the County Commissioners.
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 or ice, the road surfaces and underlying ground are in the process of thawing and therefore unstable, with an extreme potential for hazard, deterioration and destruction of the road surface.
VEHICLE. Every device in, upon or by which any person or party is or may be transported and drawn upon a county highway.
(C) Weight limit. 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 dual axle, during any period of potential hazard and deterioration.
(D) Administration.
(1) The County Commissioners 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 Commissioners shall, upon determining the period of potential hazard and deterioration, publish a report of their findings and the specific dates of potential hazard with the County Auditor.
(3) Upon receipt of the report the Auditor shall cause to be published in the newspaper of general circulation within the county a notice complying with the requirements of division (E) below. Copies of the notice shall also be directed to all law enforcement agencies operating within and for the county.
(E) Notice. Notice required in division (D) above shall comply with this division (E) and shall contain the following.
(1) Dates. The notice shall specifically designate the date upon which the period of potential hazard and deterioration began; the period (not to exceed 60 days) which it will continue and the date upon which it will expire.
(2) Findings, prohibition, penalty.
(a) The notice shall state the findings contained in the report of the County Commissioners.
(b) 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 or any specifically designated roads.
(c) The notice shall also set forth the penalty for violation of this section as set forth in § 70.99.
(F) Closing roads. The County Commissioners may also at any time upon investigation and inspection of county highways, determine 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 and 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 above following the erection of signs and barricades and warnings.
(G) Warning and disclaimer of liability. This section does not certify as to the safety or 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, any officer or employee thereof, for any damages that result from vehicular traffic upon any county highway or road that results from reliance on this section or administrative decision thoughtfully made hereunder.
(Ord. 2-96, passed 4-15-1996) Penalty, see § 70.99