(A) It shall be unlawful for any person to convey by truck, wagon or any vehicle upon the streets of the town, excepting therefrom that portion of Main Street which lies between State Highway 37 and Hoosier Avenue and that portion of Hoosier Avenue which lies south of Main Street, where said truck, wagon or vehicle’s total gross weight exceeds the net weight of 16,000 pounds without a permit from the Town Council issued during their regularly scheduled meeting or during a meeting where business is being transacted in the interest of said town.
(B) This section shall apply to all streets in the town under the jurisdiction of the Town Council, except highways in the state highway system and the state-maintained routes thereof through cities and towns.
(C) The exemptions as set forth in I.C. Title 9 shall apply to this section and all town vehicles shall be exempt from the requirements of this section.
(D) The Town Council is now authorized and directed to erect and maintain signs designating the provisions of this section at each end of that portion of any street affected thereby and at intersecting streets.
(E) The provisions of this section shall not be effective until signs designating the weight limits are erected and maintained at each end of the portion of street affected thereby, and at all intersecting county streets.
(F) (1) The Clerk Treasurer for the town shall issue truck hauling permits upon payment of the applicable fee established by the Town Council. Prior to issuing any truck hauling permit for any vehicle which shall be using a specific street for a continuous or extended period of time, as determined by the Town Council in its sole discretion, the Clerk-Treasurer shall follow the procedures adopted thereto by the Town Council, including the requirement that the owner of said vehicle shall post with the Clerk- Treasurer a cash and surety bond, at least 20% of which shall be a cash bond in a form approved by the Town Council, said bond equaling not more than $60,000 per mile for each mile of surface blacktop street to be used, not more than $40,000 per mile for each mile of chip and seal street to be used, and not more than $20,000 per mile for each mile of gravel street to be used by said owners. Said bond shall insure and save harmless the town from maintenance, damage and repairs to said street while said bond is in effect.
(2) In the event that a truck hauling permit requiring the posting of a bond is requested for a street, or portion thereof, for which such a truck hauling permit already exists, the Clerk-Treasurer shall immediately notify the holder of such existing permit and his or her surety of the request. Each permittee shall be held jointly and severally liable for damage to any town street, or portion thereof, which may be used by more than one permittee.
(3) The Town Council may revoke any permit issued hereunder upon violation of a condition of the permit.
(G) Upon conviction of violation of this chapter, any such person shall for the first conviction thereof by punished by a fine of $250; for a second such conviction within one year thereafter, such person shall be punished by a fine of $350; upon a third or subsequent conviction, within one year after the second conviction, such person shall be punished by a fine of $500.
(1996 Code, § 8-40) (Ord. 35, passed 12-6-1954; Ord. 2015-03, passed 6-29-2015) Penalty, see § 70.99
Statutory reference:
Authority, see I.C. 9-20-1-3