a. A vehicular weight restriction shall be established for 77th Avenue commencing six hundred (600) feet west of U.S. Route 41 in Schererville, Lake County, Indiana, and the aforesaid restriction shall apply to all stretches of 77th Avenue extending to the west of said six hundred (600) foot mark to St. John Road (Patterson St.), all in the Town of Schererville, Lake County, Indiana.
b. Said weight restriction shall prohibit any vehicle from utilizing 77th Avenue in the designated area, which weighs in excess of eleven thousand (11,000) pounds.
c. License plates indicating a weight greater than eleven thousand (11,000) pounds shall be prima facie evidence that the vehicle is overweight and subject to the enforcement and penalty provisions of this ordinance, as amended from time to time.
d. Any Schererville police officer having reasonable suspicion that a vehicle exceeds the aforestated weight restrictions shall have the authorization to issue a violation of this ordinance, as amended from time to time, and request the actual operator of the subject vehicle to proceed to the nearest scales for the purpose of determining the true and actual weight of the vehicle.
e. Any Schererville police officer enforcing this ordinance shall issue a citation (complaint/summons) to the actual operator of the subject vehicle as well as the owner of the vehicle (whether corporate or individual) for purposes of enforcement of the ordinance, as amended from time to time.
f. The owner of the vehicle (whether corporate or individual) shall be considered to have imputed liability under this section for the actions of any operator.
g. The only vehicles excluded from the provisions of this ordinance, as amended from time to time, shall be municipally owned vehicles or school buses owned or utilized by a school corporation.
h. The minimum penalty for a violation of this ordinance, as amended from time to time, shall be the amount of one thousand dollars ($1,000.00) with a maximum penalty of seven thousand five hundred dollars ($7,500.00).
(Ord. No. 1714, § 1, 9-12-07)