440.021  OVERWEIGHT AND/OR OVERDIMENSION VEHICLES.
   (a)   It shall be unlawful for any person to be in control of, to drive, to park, or move on, upon or across or for the owner to cause or knowingly permit to be parked, driven, or moved upon or across, any street, road, or highway under the jurisdiction of the city, any vehicle or combination of vehicles exceeding the weight limitations stated in Ohio R.C. 5577.03 and 5577.04 or exceeding the size limitations stated in Ohio R.C. 5577.05 in the absence of a valid permit issued by the State of Ohio Director of Transportation for over-dimension vehicles or combination of vehicles.
   (b)   Size and weights limitations while operating on city streets, roads, or highways shall not apply to fire apparatus or equipment for snow or ice removal operations owned or operated by or for any governmental body or to implements of husbandry temporarily operated or towed in a combination of vehicles in the furtherance of a farm or agricultural endeavor and to any vehicle or combination of vehicles operating under the terms of a valid oversize and/or dimension permit issued under the authority of Ohio R.C. 4513.34.
   (c)   Where lower size and weight limits or other restrictions are imposed by ordinance under authority of Ohio R.C. 5577.07 or, and signs indicating such limitations or restrictions are posted, it shall be unlawful to operate any vehicle or combination of vehicles in excess of such size or weight limitations or in violation of such restrictions.
   (d)   Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver of such vehicle shall be deemed guilty of such violation and either the owner or the driver of such vehicle, or both, may be prosecuted for such violation.
   (e)   Whoever violates the weight provisions of Ohio R.C. 5577.01 to 5577.07 or the weight provisions in regard to highways under Ohio R.C. 5577.04 shall be fined eighty dollars ($80.00) for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined one hundred dollars ($100.00), and in addition thereto one dollar ($1.00) per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined one hundred thirty dollars ($130.00), and in addition thereto two dollars ($2.00) per 100 pounds of overload, or imprisoned not more than 30 days, or both. For all overloads in excess of 10,000 pounds such person shall be fined one hundred sixty dollars ($160.00), and in addition thereto three dollars ($3.00) per 100 pounds of overload, or imprisoned not more than 30 days, or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than one hundred dollars ($100.00). No penalty prescribed in this division shall be imposed on any vehicle combination if the overload on any axle does not exceed 100 pounds, and if the immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this division, two axles on one vehicle less than eight feet apart, shall be considered as one axle.
   (f)   Whoever violates the weight provisions of Ohio R.C. 5571.07, 5571.071 or 5577.08 or the weight provisions in regard to bridges under Ohio R.C. 5577.09, and whoever exceeds the carrying capacity specified under Ohio R.C. 5591.42, shall be fined eighty dollars ($80.00) for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, the person shall be fined one hundred dollars ($100.00), and in addition thereto one dollar ($1.00) per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, the person shall be fined one hundred thirty dollars ($130.00), and in addition thereto two dollars ($2.00) per 100 pounds of overload, or imprisoned not more than 30 days, or both. For all overloads in excess of 10,000 pounds, the person shall be fined one hundred sixty dollars($160.00), and in addition thereto three dollars ($3.00) per 100 pounds of overload, or imprisoned not more than 30 days, or both.
   (g)   Any person in control of, driving, parking, or moving on, upon or across or an owner causing or knowingly permitting to be parked, driven, or moved upon or across, any street, road, or highway under the jurisdiction of the City of Newark, Ohio any vehicle or combination of vehicles exceeding the size limitations set forth at Ohio R.C. 5577.05 shall have on the person of the operator or in the vehicle in question a valid permit for the operation of such over-dimension vehicle or combination of vehicles issued pursuant to Ohio R.C. 4513.34 by the State of Ohio, Director of Transportation. Failure to maintain such valid permit and to produce the same upon request of a peace officer acting within the scope of said officer's jurisdiction and official capacity shall constitute a violation of this section and said operator and/or owner shall be fined five hundred dollars ($500.00).
   (h)   (1)   Any person in control of, driving, or moving on, upon or across any street, highway or road within the City of Newark, Ohio's jurisdiction, or any vehicle owner causing or knowingly permitting to be driven upon or across any street, highway or road within the jurisdiction of the City of Newark, Ohio any vehicle or combination of vehicles exceeding the size limitations set forth at Ohio R.C. 5577.05 that requires the assistance of the Newark Police Department or other city department due to the size of such vehicle or combination of vehicles to effectuate its passage upon or through any street, highway or roads shall be responsible for making contact with the Newark Police Department and/or other applicable city department prior to the date upon which such vehicle or combination of vehicles is to be so operated.
      (2)   Any such person(s) or entity so operating a vehicle or combination of vehicles exceeding the size limitations set forth at Ohio R.C. 5577.05 shall be assessed a reasonable fee for services necessary to effectuate the operation thereof on or through the City of Newark in an amount to be determined by the director of the city department rendering said services or an authorized agent thereof based upon the nature of services rendered. Such fee shall be paid prior to the operation of said vehicle or combination of vehicles through the City of Newark. Failure to contact law enforcement or the appropriate city department in advance or the failure to compensate the City in advance for the required services shall result in a prohibition against the operation of said vehicle or combination of vehicles upon the highways, streets, and/or roads within the City of Newark, Ohio.
   (i)   Notwithstanding any other provisions of the Ohio Revised Code or Newark Codified Ordinances that specifies a procedure for the distribution of fines, one-third (1/3) of all fines collected pursuant to this section shall be deposited into the Division of Police account for operating costs.
(Ord. 06-39.  Passed 8-21-06.)