(a) Council hereby authorizes the Director of Public Safety and City Services to set reasonable limitations on City streets. Council believes that from time to time, there has been unnecessary and unwarranted damage to City streets with the use of heavy vehicles. Council hereby authorizes the Director of Public Safety and City Services, when in his estimation, it is necessary and prudent, to protect the well-being of the citizens and the safety of the residents of the City of Uhrichsville, to limit weight limits and axle limits of trucks and trailers coming through the City of Uhrichsville.
(b) Any person violating a limitation properly set forth by this section by the City Service Director shall be guilty of a misdemeanor, and upon conviction shall be fined in accordance with penalties set forth in the Ohio Revised Code, which currently are a first offense, a minor misdemeanor, $150.00 fine plus court costs; second offense within one year, a fourth degree misdemeanor, $250.00 fine plus court costs; third offense within one year, a third degree misdemeanor, $500.00 fine plus court costs; fourth offense within one year, a second degree misdemeanor, $750.00 fine plus court costs; and upon a fifth conviction within one year, a first degree misdemeanor, $1,000.00 fine plus court costs.
(c) Except as otherwise provided herein, no vehicle shall be operated on public highways, streets, bridges, and culverts within the City when the gross weight or axle quantity exceeds the amount set forth by the Director of Public Safety and City Services. For the purpose of making delivery to a residence or business or picking up a load from a business, such vehicle may be driving on such street for not more than the minimum distance necessary for the purpose therefore. Should such pickup or delivery occur on a regular basis, the City may require a permit as set forth herein.
(d) The Mayor may, at his discretion, upon application in writing and good cause being shown, issue a special permit in writing authorizing the applicant in writing to operate or move a vehicle or combination of vehicles with the weight of the vehicle and load exceeding the maximum tonnage or axle limitations, upon a highway, street, public right of way, culvert, or bridge in the City of Uhrichsville provided the following conditions and provisions are followed:
(1) Any such permit shall be kept in plain and open view by the user.
(2) The Mayor may, when he deems it advisable, issue special exemptions for public service vehicles, road repair vehicles, school buses, fire trucks, and any other vehicle show use or operation is necessary for the public good and safety.
(3) The Mayor may, in his discretion, upon granting an application for special permit, or as part of the terms and conditions of the permit, require a reasonable bond or other security as may be deemed necessary to compensate for any damage to any roadway or structure.
(4) In addition to a bond, or in lieu of, as a condition to the issuance of an overweight permit, the Mayor may require the applicant to develop and enter into a mutual agreement with the Municipality to compensate for or to repair excess damage caused to the roadway by travel under the permit.
(5) The Mayor may limit or prescribe terms or conditions of operation of the vehicle or combination of vehicles by designating the route, hours, speed, or other such restrictions as may be necessary for preservation of public peace, property, health and safety. The permit may be issued for a single or round trip, or in special instances, a certain period of time.
(6) The duration of the permit shall not exceed one year, except for permits associated with a construction project.
(7) A permit involving a construction project may be issued for any period not to exceed the duration of the construction project.
(e) The fee for the permit shall be $50.00 for a single use or round trip permit. A permit for the operation or movement of a vehicle on multiple days over a period of time shall be $100.00 for up to 30 days, and $200.00 for a year.
(f) (1) Any police officer having reason to believe that the weight or axle limit of a vehicle and its load is unlawful may require the driver of said vehicle to stop and submit to a weighing of it by means of a compact, self-contained, portable, sealed scale specially adapted to determining the wheel loads of vehicles on highways; a sealed scale permanently installed to a fixed location, having a load receiving element specially adapted to determining the combined load of all wheels on a single axle or on a success of axles of a highway vehicle, or a sealed scale adapted to weighing highway vehicles, loaded or unloaded.
(2) The driver of such vehicle shall, if necessary be directed to proceed to the nearest available set of sealed scales to accomplish the weighing, provided such scales are within a reasonable distance where such vehicle is stopped. Any vehicle stopped in accordance with this section may be held by the police officer, for reasonable times, to accomplish the weighing as prescribed by this section.
(3) All scales used in determining the lawful weight of a vehicle and its load shall be annually compared by municipality, county, or state sealer with the State’s standards or proved by the State and such scales shall not be sealed if they do not conform to the standards approved by the State.
(4) At each end of permanently installed scale, there shall be a straight approach to the same plane as the platform, sufficient length and width to insure the level positioning of the vehicles during weight determinations.
(5) During the determination of weight by compact, self-contained portable scales, they shall be used on level terrain of sufficient length and weight to accommodate the entire vehicle being weighed.
(6) Whenever such officer, upon weighing a vehicle and load, determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain until such portion of the load is removed as necessary to reduce the weight of such vehicle to the limit permitted under Sections 5577.01 and 5577.14, inclusive of the Ohio Revised Code or provisions of this Code.
(7) A police officer, upon seeing a vehicle that exceeds the maximum allowable number of axles, may be stopped and inspected by the Police or Director of Public Safety and City Services.
(g) Any determination by the Director of City Services and Public Safety can be appealed, within 30 days of the Director’s order, by submitting an application to Council indicating the reasons and concerns with the order by the Director. Council can override the Director, with a two-thirds vote of members present, if Council so chooses.
(Ord. 15-15. Passed 9-24-15.)