2. Ordinance/regulate vehicle dimensions and weights

SUBJECT: ORDINANCE #2005- (OVER DIMENSION VEHICLE REGULATIONS) ADOPTED DATE: PAGE 8 OF 8 1-17. Payment of charges - Confiscation - Sale If the charges and costs as provided in section 16 are not paid within a reasonable time from a cash bond previously posted or other cash payment, the judge shall order the vehicle confiscated and sold by the sheriff of the county at a public sale to the highest bidder and the proceeds applied to the payment of the charges and costs assessed under the provisions of sections 11 through 22. 1-18. Payment - Effect The payment of charges may not be construed as a payment for the future use of highways, streets, or roads by vehicles carrying excess loads. 1-19. Proceeds of sale - Continuing appropriation The proceeds of sale must be applied first to the payment of the costs of the proceedings, including attorneys and witness fees and costs, and next to the payment of the charges assessed. Such charges must be remitted to the county treasury to be credited to the county highway fund. The balance of the proceeds of any sale after the payment of costs and charges must be paid over by the sheriff to the person entitled thereto as determined by the court, or must be deposited with the clerk of court for such payment. 1-20. Penalty Any driver of a vehicle who refuses to stop and submit the vehicle and load to a weighing when directed to do so by any police officer or any agent of this state having police powers relating to motor vehicles is guilty of a class B misdemeanor. 1-21. Permissible loads - Exceptions When any motor truck, truck tractor, or trailer is operated upon the public highways of this county carrying a load in excess of the maximum prescribed under the provisions of sections 03 and 05 or other maximum weight limitations prescribed by law, the load must be reduced or shifted to within such maximum limitations before being permitted to operate on any public highway of this state; provided, however, that any such vehicle carrying a load of livestock is exempt from the limitations prescribed in section 05, relating to the carrying capacity of any wheel, tire, axle, or group of axles when excessive weight is caused by a shifting of the weight of the livestock. All material unloaded as required by this section must be cared for by the owner or operator of such vehicle at the risk of such owner or operator. 1-22. Governor's or County Commission order authorizing excess limits The Governor of this state or the County Commission may authorize, by order of general application, permit and prescribe definite excess limitations as to size and weight for the operation of motor vehicles in emergencies and to meet unusual conditions for the general welfare of the public. The operation of such vehicles, in accordance with the Governor's or County Commission's order, does not constitute a violation of the statutes relative to limitations on sizes and weights. J:\AUDITOR\SCHEPP\ORDINANCE #2005- OVER-DIMENSION TRUCKS 5-2-05.doc