A. City Manager Authority To Prohibit Certain Vehicles:
1. The city manager shall have authority, based on information from the public works director, police chief and/or any other city department, to prohibit or regulate the operation of vehicles, trucks or other commercial or construction equipment, or impose limitations as to the weight thereof, on designated streets, within the corporate limits of the city, over which the city has jurisdiction. (Ord. 2012-02, 2-8-2012)
2. Said prohibitions may be imposed due to the potential for serious damage, deterioration or destruction to the street itself, or the potential of harm or injury to traffic or pedestrians on or along said street.
B. Posting Of Prohibitions:
1. When in the opinion of the city manager, it becomes necessary to exercise authority under subsection A of this section, the city manager shall direct the public works director to designate by appropriate signs placed on such streets, the prohibitions or limitations enacted. Said prohibitions or limitations shall not be enforced until or unless such time as said appropriate signs are erected and maintained.
2. Notwithstanding the foregoing, should the city manager determine it necessary to invoke the aforementioned authority, said signs may be substituted with written notice to the affected vehicle owners and/or drivers, or by the placement of peace officers at appropriate locations to notify persons of the prohibitions or limitations until such time as appropriate signs can be erected.
C. Type Of Restrictions: Prohibitions or limitations may be imposed in any manner and to any extent deemed necessary by the city manager after recommendation of the public works director, police chief, fire chief, or any other city department, including restricting weight, size, hours of operation, types of vehicles, season of use, or any other designation deemed necessary.
D. Ratification By City Council:
1. Any action taken by the city manager under this section shall be effective immediately upon applicable notification being given as required in subsection B of this section in the regular city council meeting immediately following any action taken pursuant to this section. The city manager shall advise the city council of said action taken. The city council shall then have the prerogative to ratify or strike down the prohibitions or limitations imposed, or any actions taken by the city manager.
2. Should the city council decide to strike down the city manager action, said decision shall not in any way affect the authority of the city manager to impose future regulations, and shall not be evidence of inappropriate action taken by the city manager.
3. At any time after the imposition of any of the aforementioned limitations, prohibitions or other actions by the city manager, the city council shall have the authority to direct the city manager to modify said limitations, prohibitions or other actions in any manner deemed necessary by the city council.
E. Exempted Vehicles: None of the prohibitions or limitations imposed under authority of this chapter shall apply to the following:
1. Emergency vehicles;
2. Service vehicles in the normal course of their repair and/or maintenance work on public utilities; and service vehicles for commercial operations; or
3. Any vehicle, truck or other equipment, the operation of which, on any regulated street, has been exempted by the city manager. Said exemption shall be based upon the posting of a bond or other assurance acceptable to the city manager that any damage done to the road shall be remedied. The amount of damage done to the street and the bond or other assurance amount shall be determined by the city manager. In no case however, shall any vehicle, truck or other equipment be allowed to operate, irrespective of the operator's desire to post the above assurances, if it is determined by the city manager that the operation of such will be unduly detrimental to the health, safety or welfare of the city and/or its citizens or otherwise adversely affect the best interests of the citizenry of the city. Said exemption and any bond related thereto shall be subject to city council ratification as set forth in subsection D of this section.
F. Penalty; Other Remedies:
1. Any person who operates any vehicle in a manner contrary to the prohibitions imposed pursuant to this section shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code.
2. Nothing in this chapter shall be construed to prevent the city from invoking any other criminal or civil penalty as allowed by city ordinance, county ordinance or state law for the destruction or unlawful use of any street within the corporate boundaries of the city over which the city has jurisdiction. (1989 Code § 11-345; amd. 2007 Code)