(a) No person, except those persons operating motor vehicles owned by the City engaged in the maintenance and repair of municipal property and except those persons operating buses for the transportation of school pupils, shall drive or operate or cause to be driven or operated any vehicle used for the transportation of goods or property, the gross weight of which, with load, exceeds five tons, upon the local streets, bridges and culverts within the Municipality and except on designated and marked state and federal routes, temporary or permanent, and except upon the following designated major arterial thoroughfares: Graham Road, Fishcreek Road, Darrow Road (S.R. 91), Hudson Drive, Stow Road, Kent Road (S.R. 59) and Commerce Drive. Upon local streets drivers of vehicles whose gross weight, with load, exceeds weight limits prescribed by this section may deliver or pick up goods or property at places not located on state, federal or arterial routes provided the vehicles are only operated by the shortest way possible between the state, federal or arterial route and the place of delivery or pickup or as otherwise directed by a police officer.
(b) As pertains to the following arterial thoroughfares, to wit, Stow Road, Hudson Drive, Fishcreek Road, Graham Road and Commerce Drive, there shall be no fixed load limits except those established by State law, however, the right and authority is delegated to the Director of Public Service and City Engineer, acting jointly, to establish temporary load limits upon these arterial thoroughfares from time to time and for the duration as shall be necessary due to emergency conditions or the deterioration of the service of the roads and until a time as their safe conditions can be restored. The emergency authority shall include the right to temporarily prohibit vehicles in excess of five tons from using all or a portion of the roadways. Before any such determination upon the arterial highway shall become enforceable, the Director of Public Service shall cause appropriate highway signs to be erected giving notice of the appropriate action undertaken hereinunder. (Ord. 2012-104. Passed 6-28-12.)
(c) (1) Upon application and for good cause, the Police Chief may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets and highways.
(2) No permittee shall be required to obtain a special permit from the State Director of Transportation for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the State Director of Transportation shall be required for movement upon State routes as provided in Section 339.01.
(3) The Police Chief may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Police Chief in his discretion deems advisable, or for the duration of any construction project. The Police Chief may limit or prescribe terms or conditions of operation for the vehicle or combination of vehicles by designating the route, hours, speed or those other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The Police Chief may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
(4) For each permit, the Police Chief shall charge such fee as prescribed by ordinance of Council and for each hour of time or any part thereof spent by the Police Department in supervising the movement of the vehicle, the applicant shall pay such fee as prescribed by ordinance of Council
(5) Streets and highways shall be posted with signs indicating "no thru trucks - gross weight 5 tons" or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.
(6) Violation of any of the limitations, terms or conditions of the permit granted by the Police Chief shall be cause for immediate revocation or suspension of the permit, and denial of request for any future permit. A violation shall also subject the violator to the penalties prescribed by Section 303.99.
(1979 Code 74.34)
(d) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.