(a) Definitions. For purposes of this section the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(1) "Village" is the Village of Newburgh Heights;
(2) "Deviating truck" is a truck which leaves and departs from a truck route while traveling inside the Village;
(3) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind;
(4) "Truck" is any vehicle designed or operated for the trasnsportation of property, and whose body weight or whose combined body and load weight exceeds 6,000 pounds (3 tons).
(5) "Truck route" is a way over certain streets, as designated herein, over and along which trucks coming into and going out of the Village must operate.
(b) This section shall not prohibit:
(1) Operation on street of destination. The operation of trucks upon any street where necessary to the conduct of business at a destination point, provided streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point; and providing further that the merchandise or other items of material hauled in such vehicle do not exceed a gross weight of six thousand pounds including the weight of the vehicle, whether loaded or unloaded.
(2) Emergency vehicles. The operation of emergency vehicles upon any street in the Village.
(3) Public utilities. The operation of trucks owned or operated by the Village, public utilities, any contractor or material man, while engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the Village.
(4) Detoured trucks. The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established.
(c) Truck Routes Established. There is hereby established within the Village the following "truck routes":
(1) Outside origin; outside destination. All trucks entering the Village for destination points outside the Village shall operate only over the following designated routes:
Westbound and eastbound, when entering the Village from the east on Harvard Avenue and the west on Harvard Avenue, the route shall be either eastbound or westbound on Harvard Avenue.
(d) Designated Streets for Truck Use. In addition to Harvard Avenue, all other streets in the Village which constitute a part of a truck route as established herein, the following streets and no other shall be used for truck traffic:
(e) Truck Traffic in the Village.
(1) Outside origin.
A. One inside destination point. All trucks entering the Village for a destination point in the Village shall proceed only over an established truck route and shall deviate only at the intersection with the street, upon which such traffic is permitted, nearest to the destination point. Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route.
B. Multiple inside destination points. All trucks entering the Village for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the street, upon which such traffic is permitted, nearest to the first destination point. Upon leaving the first destination point a deviating truck shall proceed to other destination points by the shortest direction and only over streets upon which such traffic is permitted. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest permissible route.
(2) Inside origin.
A. Outside destination point. All trucks, on a trip originating in the Village, and traveling in the Village for a destination point outside the Village shall proceed by the shortest direction over streets on which such traffic is permitted to a truck route as herein established.
B. Inside destination points. All trucks, on a trip originating in the Village, and traveling in the Village for destination points in the Village, shall proceed only over streets upon which such traffic is permitted.
(f) Enforcement.
(1) Chief maintains maps. The Chief of Police shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the office of the Chief of Police of the Village and shall be available to the public.
(2) Chief of Police maintains signs. The Chief of Police of the Village shall cause all truck routes and those streets upon which truck traffic is prohibited to be clearly sign-posted to give notice that this section is in effect.
(3) Failure to post. No person shall be charged with violating the provisions of this section by reason of operating a truck upon a street wherein truck travel is prohibited unless appropriate signs are posted on such street.
(4) Weigh-in. The Chief of Police shall have the authority to require any person driving or in control of any commercial vehicle not proceeding over a truck route or street over which truck traffic is permitted to proceed to any public or private scale available for the purpose of weighing and determining whether this section has been complied with.
(g) Penalty. Whoever violates any of the provisions of this section shall be fined not more than one hundred dollars ($100.00) for a first offense, for a second or subsequent offense, such person shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. (Ord. 1994-30. Passed 10-18-94.)