(A) General. The town may enact ordinances restricting the use of the town streets, alleys and rights-of-way concerning the weight of vehicles that may travel on the town’s streets, alleys and rights-of-way. The provisions of this section shall apply to all streets, alleys and rights-of-way owned by the town within the town.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DECLARED WEIGHT. The declared weight as shown on the license plate of the vehicle or the weight shown on the vehicle’s registration or attached to the vehicle, or at the discretion of the town’s Police Department as established by weighing or any other accurate documentation.
DELIVERY. The transporting of some freight, material or commercial product by a vehicle to a specific location or the pick up of freight or materials for commercial purposes at a specific location.
HIGHWAY. The entire width between boundary lines of state-owned ways which are part of the state system of ways through the town open for vehicular traffic. This shall include portions of State Roads 42, 267, 67 and 144.
RIGHT-OF-WAY. Any property owned by the town or the state adjoining any street, alley or highway.
STREET or ALLEY. The entire width between boundary lines (meaning the actual area owned by the town) of every way dedicated, platted or owned by the town when any part of the way is opened to the use of the public for purposes of vehicular traffic. The term includes an ALLEY.
TOWN. The municipal corporation known as the Town of Mooresville, Indiana.
VEHICLE. Except as otherwise provided herein, a device in, upon or by which a person or property is, or may be, transported or drawn upon a street. VEHICLE, for purposes of this section, does not include a fire truck or apparatus owned by or leased to the town.
(C) Violation. It shall be a violation of this section for any person, firm or corporation to operate or allow to be operated a vehicle over 16,000 pounds on a town street unless:
(1) Said vehicle is transporting freight or material to or from a business site within the town and is using the shortest possible route upon the town streets from the point of entry and shall then leave the town right-of-way at the nearest available point of exit; and
(2) Said freight-carrying vehicle is making a delivery of material or supplies, including construction equipment, to a site within the town, and said vehicle must travel the shortest possible route upon the town streets from the point of entry and shall then leave the town right-of-way at the nearest available point of exit.
(Ord. 12, 2005, passed - -) Penalty, see § 70.99