(A) This section is made pursuant to the general corporate powers of the town, including, but not limited to, those powers set forth and contemplated by I.C. 36-1-3-8, 36-1-4-11, 36-1-6-3, 36-5-2 et seq., and 9-21-4 et seq.
(B) A weight limit of 16,000 pounds is hereby established for vehicles operated on any public road, street, alley or bridge located within the incorporated areas of the town, excepting any highway or street in the state highway system.
(C) No through trucks shall be operated on any public roads, streets or alleys within the incorporated areas of the town, excepting any highway or street in the state highway system. A TRUCK shall be defined for purposes of this section as any vehicle with a plated weight of 16,000 pounds or more and which has three or more combined axles including any trailer accompanying the vehicle. A THROUGH TRUCK shall be defined for purposes of this section as a truck traveling on any public road, street or alley within the incorporated areas of the town, exclusive of any highway or street in the state highway system where the truck is without a verifiable delivery or pick-up on the traveled street, road or alley or that is not registered to an address on the traveled street, road or alley.
(D) Appropriate signage to give notice of the restrictions and limitations contained in this section shall be posted in accordance with the requirements of the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways.
(E) The provisions of this section are intended to be penal in nature. No cause of action, claim, suit, responsibility or liability otherwise accruing to the Town Council, or any department, agency, instrumentality or division of the town, shall be modified, reduced, terminated or affected in any fashion by virtue of the assessment of a fine, the entry of a judgment, or the imposition of any other form of punishment by any court acting pursuant to this section.
(F) The expressed or implied repeal or amendment by this section of any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this section.
(G) An offense or infraction committed before the effective date of this section shall be prosecuted and remain punishable under the repealed or amended ordinance as if this section had not been adopted.
(Ord. 380, passed 6-7-1999; Ord. 380-A, passed 3-6-2017) Penalty, see § 70.99