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(A) Any designated law enforcement officer of the city or agent of the Department of Transportation having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or fixed scales and may require that such vehicle be driven to the nearest weigh station or public scales, provided such a facility is within five miles. Any person who refuses to submit to such weighing, in addition to any criminal penalties that may be imposed pursuant to Florida Statutes, shall be guilty of a violation of this section, punishable pursuant to § 10.99 of this code.
(B) (1) Whenever a law enforcement officer, upon weighing a vehicle or combination of vehicles with load, determines that the axle weight or gross weight is unlawful, the law enforcement officer may require the driver to stop the vehicle in a suitable place and remain standing until a determination can be made as to the amount of weight thereon and, if overloaded, the amount of penalty to be assessed as provided herein. However, any gross weight over and beyond 6,000 pounds beyond the maximum herein set shall be unloaded and all material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of such owner or operator. Except as otherwise provided for in F.S. Ch. 316, to facilitate compliance with and enforcement of the weight limits established in § 73.05, weight tables published pursuant to F.S. § 316.535(7) shall include a 10% scale tolerance and shall reflect the maximum scaled weights allowed any vehicle or combination of vehicles. Notwithstanding any other provision of the weight law, if a vehicle or combination of vehicles does not exceed the gross, external bridge, or internal bridge weight limits imposed in § 73.05 and the driver of such vehicle or combination of vehicles can comply with the requirements of F.S. Ch. 316, by shifting or equalizing the load on all wheels or axles, and does so when requested by the proper authority, the driver shall not be held to be operating in violation of the weight limits.
(2) The law enforcement officer shall inspect the license plate or registration certificate of the commercial vehicle, as defined in F.S. § 316.003(66), to determine if its gross weight is in compliance with the declared gross vehicle weight. If its gross weight exceeds the declared weight, the penalty shall be $0.05 per pound on the difference between such weights. In those cases when the commercial vehicle, as defined in F.S. § 316.003(66), is being operated over the streets, roadways or highways of the city with an expired registration or with no registration from this or any other jurisdiction or is not registered under the applicable provisions of F.S. Ch. 320, the penalty herein shall apply on the basis of $0.05 per pound on that scaled weight which exceeds 35,000 pounds on laden truck tractor- semitrailer combinations or tandem trailer truck combinations, 10,000 pounds on laden straight trucks or straight truck-trailer combinations, or 10,000 pounds on any unladen commercial motor vehicle. If the license plate or registration has not been expired for more than 90 days, the penalty imposed under this section may not exceed $1,000.00. In the case of special mobile equipment as defined in F.S. § 316.003(48), which qualifies for the license tax provided for in F.S. § 320.08(5)(b), being operated on the streets, roadways, or highways of the city with an expired registration or otherwise not properly registered under the applicable provisions of F.S. Ch. 320, a penalty of $75.00 shall apply in addition to any other penalty which may apply in accordance with F.S. Ch. 316. A vehicle found in violation of this section may be detained until the owner or operator produces evidence that the vehicle has been properly registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility of the owner. A person who has been assessed a penalty pursuant to this division for failure to have a valid vehicle registration certificate pursuant to the provisions of F.S. Ch. 320 is not subject to the delinquent fee authorized in F.S. § 320.07 if such person obtains a valid registration certificate within ten working days after such penalty was assessed.
(3) Weight limits established and posted for a road or bridge pursuant to F.S. § 315.555, and weight limits specified in special permits issued pursuant to F.S. § 316.550, shall be deemed to include all allowable tolerances. In those cases when a vehicle or combination of vehicles exceeds the weight limits established and posted for a road or bridge pursuant to F.S. § 316.555, or exceeds the weight limits permitted in a special permit issued pursuant to F.S. § 316.550, the penalty shall be $0.05 per pound on the difference between the scale weight of the vehicle and the weight limits for such posted road or bridge or permitted in such special permit. However, if a special permit is declared invalid in accordance with rules promulgated pursuant to F.S. § 316.550, the penalties imposed in § 73.06(C) below shall apply to those weights which exceed the limits established in § 73.05.
(C) Any person who violates the overloading provisions of this chapter shall be conclusively presumed to have damaged the streets, roadways or highways of this city by reason of such overloading, which damage is hereby fixed as follows:
(1) When the excess weight is 200 pounds or less than the maximum herein provided, the penalty shall be $10.00.
(2) Five cents per pound for each pound of weight in excess of the maximum herein provided when the excess weight exceeds 200 pounds. However, whenever the gross weight of the vehicle or combination of vehicles does not exceed the maximum allowable gross weight, the maximum fine for the first 600 pounds of unlawful axle weight shall be $10.00.
(3) An apportioned motor vehicle, as defined in F.S. § 320.01, operating on the streets, roadways or highways of this city without being properly licensed and registered shall be subject to the penalties as herein provided.
(4) Vehicles operating on the streets, roadways, or highways of this city from nonmember International Registration Plan jurisdictions which are not in compliance with the provisions of F.S. § 316.605 shall be subject to the penalties as herein provided.
(D) (1) No commercial motor vehicle, as defined in F.S. § 316.003 (66), shall be operated over the streets, roadways, or highways of this city unless it has been properly registered under the provisions of F.S. § 207.004. Whenever any law enforcement officer identified in F.S. § 207.023(1), or any traffic enforcement officer as defined in F.S. § 316.640, upon inspecting the vehicle or combination of vehicles, determines that the vehicle is in violation of F.S. § 207.004, a penalty in the amount of $50.00 shall be assessed, and the vehicle may be detained until payment is collected by the law enforcement officer.
(2) In addition to the penalty provided for in § 73.06 (D)(1), the vehicle may be detained until the owner or operator of the vehicle furnishes evidence that the vehicle has been properly registered pursuant to F.S. § 207.004. Any officer or agent of the Department of Transportation may issue a temporary fuel use permit and collect the appropriate fee as provided for in F.S. § 207.004(4). Notwithstanding the provisions of this section, all permit fees collected pursuant to this division (D)(2) shall be transferred to the Department of Highway Safety and Motor Vehicles to be allocated pursuant to F.S. § 207.026.
(E) In addition to the right to prosecute violations in County Court, whenever any person violates the provisions of this chapter and becomes indebted to the city because of such violation in the amounts aforesaid and refuses to pay said penalty, such penalty shall become a lien upon the motor vehicle, and the same may be foreclosed by the city in a court of equity. It shall be presumed that the owner of the motor vehicle is liable for the sum. Any person, firm, or corporation claiming an interest in the seized motor vehicle may, at any time after the lien of the city attaches to the motor vehicle, obtain possession of the seized vehicle by filing a good and sufficient forthcoming cash bond with the law enforcement officer having possession of the vehicle, payable to the city in twice the amount of the city's lien. It shall be presumed that the owner of the motor vehicle is liable for the penalty imposed under this section. Upon the posting of such bond with the law enforcement officer making the seizure, the vehicle shall be released and the bond shall be forwarded to the city for safekeeping. The lien of the city against the motor vehicle aforesaid shall be foreclosed in equity, and the ordinary rules of court relative to the proceedings in equity shall control. If it appears that the seized vehicle has been released to the defendant upon defendant's forthcoming bond, the city shall take judgment of foreclosure against the property itself, and judgment against the defendant for the amount of the lien, including cost of proceedings. After the rendition of the decree, the city may, at its option, proceed to sue the defendant for the amount recovered as aforesaid or direct the sale of the vehicle under foreclosure.
(F) Any law enforcement officer or agent collecting the penalties herein imposed shall give to the owner or driver of the vehicle a receipt for all penalties collected. Such law enforcement officer shall cooperate with the owners or drivers of motor vehicles so as not to delay unduly the vehicles.
(G) Pursuant to the procedures in F.S. §§ 316.3025 and 316.545, penalties and fees for violations of this chapter are due and payable at the time of issuance and shall be remitted to the law enforcement officer who assessed the penalty. Payment shall be made for the amount of the assessment in cash, money order, or cashier's check, and shall be made payable to the city. Payment may also be made by credit card or debit card, but only if the city and the law enforcement officer collecting the penalty have the ability and the equipment necessary to accept payment by said means.
(H) Any person aggrieved by the imposition of a civil penalty pursuant to this chapter may apply to the city's Special Magistrate for a modification, cancellation or revocation of the penalty; and the Special Magistrate is authorized to modify, cancel, revoke or sustain such penalty. All such requests shall be made within 30 days of the date the penalty was imposed, and must be received by the Special Magistrate Clerk within the 30 day time period.
(I) Penalties and fines collected will be delivered to the City of Pompano Beach, and shall be placed in a separate commercial vehicle account. This account shall be created solely for the collection of penalties and fees resulting from violations of this chapter.
(Ord. 2005-74, passed 7-26-05)