2a. First reading-amended ordinance #2005-2

SUBJECT: ORDINANCE #2005-2 AMENDED (OVER DIMENSION VEHICLE REGULATIONS) ADOPTED DATE: FEBRUARY 19,2008 PAGE 8 OF 23 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. SECTION 2 - PERMITS FOR OVERSIZE AND OVERWEIGHT VEHICLES Cass County will issue permits, when good cause is shown, for the movement of oversize and/or overweight vehicles and loads. Oversize vehicles are those vehicles exceeding the legal width, height, length, and weight maximums listed below. The procedures contained in this document outline the requirements and methods for issuing permits for oversize and overweight vehicles. PERMIT PROCEDURES: 2-01. Permits must be in possession prior to starting any movement. The County has the authority to revoke permits when the holder violates or abuses the privilege or conditions of the permits. 2-02. General travel restrictions. a. Permits shall not be issued for over dimensional movements between sunset and sunrise, unless approved by the County Engineer or Sheriff. b. Permits shall not authorize movements when inclement weather prevails, highways are slippery, or when visibility is poor.