(A) Prohibition; weight. It is unlawful to operate a vehicle or a combination of vehicles upon a public street, alley or highway within the city, during the period between March 20 and May 15 where the gross weight on any single axle exceed 8,000 pounds. This limitation does not apply to emergency vehicles of public utilities used incidental to making repairs to its plant or equipment within the city, or to roads or streets paved with concrete.
(B) Council action.
(1) The Council may by resolution prohibit the operation of vehicles upon public streets or alleys in the city. The Council may also by resolution impose restrictions as to the weight of vehicles to be operated upon streets or alleys, whenever the streets or alleys, by reason of deterioration, rain, snow or other climatic conditions may be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or their permissible weights reduced.
(2) The resolution adopted must designate the particular streets or alleys affected and must set forth the prohibitions or restrictions imposed on the streets or alleys.
(C) Posting of signs. Upon the adoption of a prohibition or restriction as provided for in this subchapter, the Street Superintendent must cause to be posted or erected signs plainly indicating the prohibition or restriction at each end of the street or alley or that portion of any street or alley affected thereby. The prohibition or restriction is not effective until after the signs are so posted or erected.
(D) Special permits. A person desiring to move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum authorized by this subchapter or otherwise not in conformity with the provisions hereof, may make written application therefor to the Council and upon good cause being shown therefor, the Council may, in its discretion, issue a permit. The application and permit must specifically describe the vehicle or vehicles and loads to be moved, the public streets over which the same is to travel and the period of time for which the permit is granted. The Council must prescribe the conditions to govern the operation of the vehicle or vehicles and may require an undertaking or other security to compensate for any injury to any roadway or road structure. The permit must be carried on the vehicle or combination of vehicles to which it refers and be open to inspection by any police officer, official or employee of the city.
(E) Damage to streets. A person driving a vehicle, object or contrivance upon a city street is liable for all damages that the highway or highway structure sustains as a result of any illegal operation, driving or moving of the vehicle, object or contrivance, or as a result of operation, driving or moving a vehicle, object or contrivance in excess of the maximum weight authorized by and pursuant to the issuance of a permit. When the driver is not the owner of the vehicle, object or contrivance, but is operating, driving or moving the same with the express or implied permission of the owner, then the owner and driver are jointly and severally liable for damage. The damage may be recovered in a civil action brought by the city.
(F) Enforcement.
(1) A police officer or the City Administrator/Clerk-Treasurer having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to a weighing of the vehicle, either by means of portable or stationary scales, and may require that the vehicle be driven to the nearest scales, in the event the scales are within five miles.
(2) If an officer or the City Administrator/Clerk-Treasurer determines that the weight of any vehicle or the load thereon exceeds the maximum authorized, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit as permitted under the provisions of this subchapter.
(3) Materials so unloaded must be cared for by the owner or driver of the vehicle, at the risk of the owner or driver.
(4) A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses, when directed by an officer upon a weighing of the vehicle, to stop the vehicle and otherwise comply with the provisions of this subchapter is guilty of a misdemeanor.
(Prior Code, § 1305.05) Penalty, see § 10.99