(A) Purpose. A section for the preservation of county roads and bridges by limiting the gross weight of vehicles operated on county highways.
(Prior Code, § 5-83-1)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BRIDGE. Any structure designated to carry vehicular traffic over an obstacle to the normal flow of traffic, be it water or otherwise.
PERSON. A human being, corporation, partnership or governmental entity.
(Prior Code, § 5-83-2)
(C) Seasonal limitations (frost law).
(1) Time restrictions. This division (C) shall be in effect for a period of time not to exceed 90 days in any one calendar year. This period of time shall not begin earlier than February 15 and shall not end later than May 15 of each calendar year, only for that portion of time, during such 90-day period, when signs, giving notice of vehicular weight restrictions as required by this section, are in fact erected and maintained by the County Highway Department.
(2) Authority. The authority for both the erection and removal of such signs shall be evidenced each year by a written order of the County Highway Supervisor filed with the Secretary of the County Board of Commissioners, which by law is the County Auditor. The authority is exercisable at the discretion of the County Highway Supervisor whenever any highway or road of the county highway system, by reason of rain, snow, temperature or other climate condition, may be deteriorated or seriously damaged or destroyed unless permissible weight limits for vehicles using such roadways are reduced.
(3) Posting of signs and their location. Such signs giving notice of vehicular weight restrictions shall be erected and maintained at each end of that portion of any highway affected thereby and at intersecting highways as required by state statute.
(4) Exceptions. A written permit excepting a vehicular user from such weight limitations may be awarded within the exercise of sound discretion by said County Highway Supervisor upon due application in writing made to said Supervisor. Said permit shall allow thereafter the permittee to operate or cause to be operated upon said county highway system any lawful vehicle or vehicle combination, having a total gross weight, with or without load, in excess of the limitations of weight set forth in Ch. 72, Schd. III and Ch. 72, Schd. IV, but subject to such other restrictions, such as route limitations or time of use limitations, as the County Highway Supervisor may deem appropriate to impose to protect the county road system. Such permit shall be issued in triplicate: one copy retained in the Highway Department; one copy forwarded to the Sheriff’s Department; and one copy to be carried in the vehicle containing the overload.
(Prior Code, § 5-83-3)
(D) Highway weight limits.
(1) Posting. The County Highway Superintendent shall post such signs as are necessary along such roads having gross weight limitation so as to effectuate immediate compliance with this division (D) and all county highway employees shall fully cooperate and assist law enforcement officers in the enforcement of this division (D).
(2) Exemptions. Vehicles whose origination or destination are along such county roads shall be exempt from the provisions of this division (D).
(3) Enforcement. Any law enforcement officer having reason to believe that a vehicle and/or its load weight is in excess of the stated weight limitation shall stop, measure and weigh the same on any public road by means of portable scales or other means not unduly burdensome to the owner or operator of said vehicle, including requiring the vehicle to be moved to another location for purposes of ascertaining its weight or for safety purposes.
(4) Detention. When a person is apprehended operating or causing to be operated a vehicle or combination of vehicles on such designated county roads having weight limitations with weight in excess of those weight limitations, the vehicle or combination of vehicles shall be detained until its weight is so reduced or distributed to comply with the weight limitation of this section. While so detained, the vehicle may be moved only as directed by a law enforcement officer who may exercise his or her discretion in so moving said vehicle so as to prevent a safety hazard.
(Prior Code, § 5-83-4)
(E) Bridge weight limits.
(1) Posting. The County Highway Supervisor shall post such signs and markers as are necessary upon the approaches to such bridges having gross weight limitation so as to effectuate notice to the public and to achieve their compliance with this division (E). All County Highway employees shall fully cooperate and assist law enforcement officers in the enforcement of this division (E).
(2) Enforcement. Any law enforcement officer having reason to believe that a vehicle and/or its load weight is in excess of the stated weight limitation and has violated this division (E) shall stop, measure and weigh the same by means of portable scales or other means not unduly burdensome to the owner or operator of said vehicle, including requiring the vehicle to be moved to another location for purposes of ascertaining its weight or for safety purposes.
(Prior Code, § 5-83-5)