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A.C. §§ 27-49-101 et seq. through 27-54-101 et seq., as enacted by the General Assembly of the State of Arkansas and presently enforced, as amended, is adopted in its entirety as the law controlling motor vehicles and motor vehicle violations committed within the corporate limits of the City of Tontitown, Arkansas.
(Ord. 62, passed 1-6-76)
(A) Vehicle load limits.
(1) Maximum single axle load. The total gross load imposed on any city street roadway by the wheels of any one single axle of a vehicle shall not exceed 20,000 pounds.
(2) Maximum tandem axle load.
(a) The total gross load imposed on any city roadway by two or more consecutive axles, shall not exceed 34,000 pounds.
(b) No one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle.
(3) Total maximum vehicle weight. No vehicle, or combination of vehicles, shall be operated upon any city roadway when the gross weight is in excess of 80,000 pounds.
(4) Permitted overweight/oversize vehicles. Vehicles with appropriate up to date oversized and/or overweight permits through the State of Arkansas shall be exempt from this section when appropriate.
(B) Authority to weigh vehicles and require removal of excess loads.
(1) (a) Any police officer 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, by means of either portable or stationary scales, and may require that the vehicle be driven to the nearest public scales.
(b) The provisions of this section shall not be applicable to vehicles owned and operated by the State of Arkansas or any city or county of this state.
(2) (a) Whenever an officer, upon weighing a vehicle and load as provided in division (B)(1) of this section, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted under this section.
(b) All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.
(C) No through trucks. The Public Works Director and the Chief of Police has the ability to designate streets inside the city limits a no commercial or a no through truck route if the street is not capable of handling trucks based on street size, safety or other reason. These streets will be properly marked with signage to prevent the flow of trucks.
(Ord. 2005-9-229, passed 9-12-05; Am. Ord. 2007-02-283, passed 2-6-07; Am. Ord. 2008-11-325, passed 11-4-08; Am. Ord. 2018-09-806, passed 9-4-18)
Each wrecker company who wishes to receive requests for services from law enforcement agencies for by the city or the Code Enforcement Officer, except calls that arise from the requests of owners of vehicles, must immediately conform to the following regulations and specifications. Failure to conform to these regulations and specifications will constitute grounds for the summary removal of a wrecker company from the list of approved wrecker companies maintained by city law enforcement agencies.
(A) Each company must provide 24-hour continuous service for the acceptance and release of vehicles, and for requests for service or the return of personal property.
(B) All towing services must have a telephone number in the name of the business published in the local directory or accessible through directory assistance.
(1) The phone must be answered 24 hours per day.
(2) If a pager system is used, calls must be returned to the calling party within three minutes.
(C) All wreckers must be in mechanically safe condition; must display a proper commercial motor vehicle license, as required by and in accordance with state laws; and must possess a license and decal issued by the Arkansas Towing and Recovery Board. All wreckers shall have permanent lettering on both sides showing the name and telephone number of towing company.
(1) Lettering shall be no less than three inches in height and shall have a professional appearance.
(2) Magnetic signs are prohibited.
(D) No towing service owner or operator shall be placed on the city's wrecker service rotation list if he or she has been convicted of a felony or misdemeanor involving theft, fraud or a dishonest false statement.
(E) Each company must have in continuous effect, liability insurance in sufficient amount to cover any claim against them resulting from property damage or personal injury occurring while rendering service at the request of city law enforcement agencies or the Code Enforcement Officer.
(1) A copy of the insurance coverage shall be provided to the Code Enforcement Officer upon application for the rotation list.
(2) Copies of any subsequent insurance renewals shall also be forwarded to the Code Enforcement Officer.
(F) All towing operators shall obey all Arkansas Statutes regulating traffic, unless otherwise directed by a police officer or law enforcement agency.
(G) Each towing and storage facility must maintain a lighted storage area, surrounded by fencing adequate to secure and prevent entry by unauthorized persons, and must hold itself responsible for any theft or vandalism to vehicles or other property in its care or control. The storage facility must be located within the city limits, unless a variance is granted by the Code Enforcement Officer.
(H) (1) No towing company shall proceed to the scene of an accident investigated by city law enforcement agencies, unless requested to do so by city law enforcement agencies or the driver or registered owner of the disabled vehicle.
(2) In the event that a towing company, or any of its employees, are notified of an accident from a source other than a police agency, the towing company shall immediately notify the proper law enforcement authority.
(I) Upon request for service, each company must either immediately make available a suitable wrecker and operator, or else immediately inform the requesting party that no suitable wrecker is available, so that service may be obtained from another company, if necessary.
(1) A towing company may not summon the services of another company as a substitute.
(2) If a towing service operator arrives at the scene and determines that he or she cannot safely or effectively perform the required services, he or she shall notify the on-scene officer, and the next listed towing service will be contacted.
(3) Any towing service that follows this procedure will be placed back on the rotation list and will not charged with the call.
(J) Upon arrival at an accident scene, the towing service operator will stand by and will not proceed to work on or remove any vehicle until directed to do so by a city law enforcement agency or emergency personnel.
(K) Each towing vehicle will be properly equipped with the tools and accessories to insure the safe recovery and transportation of a towed vehicle, as well as the required removal of glass and other injurious substances from a wreck or damaged vehicle as required by A.C. § 27-51-1405(c).
(L) Service charges made by wrecker companies must be reasonable in view of the service performed, the time of day that service is performed, and the geographical location.
(1) Reasonableness will be determined by comparison of service charges of a particular company with those of other wrecker companies within the same general area that perform substantially the same service.
(2) A storage charge will not be added until after a vehicle has been held for 24 clock hours.
(M) If no approved provider with an impound lot located inside the city limits is available, law enforcement or the Code Enforcement Officer may utilize any provider on the Washington County Sheriff's Department's approved list.
(Ord. 2007-07-296, passed 7-10-07)
(A) No person shall drive any vehicle within this city carelessly, without due caution and circumspection, or in a manner so as to endanger or be likely to endanger any person or property.
(B) No person, while operating a vehicle within the City of Tontitown shall:
(1) Make improper or dangerous lane changes on streets or highways;
(2) Cut across private property, thereby avoiding intersections, stop signs, or stop lights;
(3) Drive in such a manner or at such a speed as to cause a skidding, spinning, or sliding of tires, or a sliding of the vehicle;
(4) Fail to keep the vehicle under control at all times;
(5) Fail to properly and adequately indicate the driver’s intentions to turn, stop, or change lanes;
(6) Drive across a freshly painted street marking, when the same are marked by flags or traffic cones, or move or drive through barricades placed by the city or a public utility company in streets or alleys;
(7) Drive at a speed greater than is reasonable and proper, having due regard to the traffic, surface, and width of the roadway and any other conditions then existing, and no person shall drive any vehicle upon a highway or city street or other public way at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.
(8) Allow any person or animal to occupy the driver’s seating area with the driver while the vehicle is in motion, so as to obscure the driver’s vision or to interfere with the safe operation of the vehicle;
(9) Fail to keep a proper lookout for other vehicles or pedestrians.
(Ord. 2013-10-447, passed 10-1-13) Penalty, see § 70.99
(A) The following limits shall be the maximum lawful speed, and no person shall drive a vehicle in excess of 35 miles per hour, unless otherwise posted, on city-maintained collector streets and/or arterial streets within the city limits.
(B) Upon an inquiry, the Public Works Director or the Chief of Police may determine and declare an alternate speed limit, which shall be effective when appropriate signs given notice thereof are erected.
(Ord. 2018-09-807, passed 9-4-18) Penalty, see § 70.99
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