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

SUBJECT: ORDINANCE #2005-2 AMENDED (OVER DIMENSION VEHICLE REGULATIONS) ADOPTED DATE: FEBRUARY 19, 2008 PAGE 6 OF 23 1-13. Voluntary settlement of extraordinary road use fee charges Before the complaint is issued pursuant to section 12, the owner, or the owner's driver or agent, may voluntarily pay the amount of the extraordinary road use fee, or may provide proof of surety coverage to ensure payment of the extraordinary road use fee, provided under section 16, plus any towing or storage costs. Any settlement, whether made by the owner, or the owner's driver or agent, must be presumed to be of a voluntary nature. A peace officer or a peace officer's designee is authorized to receive the settlement payment on behalf of the authority having jurisdiction of the road whereon the violation occurred. The extraordinary road use fees must be remitted to the county treasurer. 1-14. Mailing complaint A copy of the complaint must be served upon the driver or person in charge of the vehicle and a copy must be sent by registered or certified mail to the owner of the vehicle, if the address of such owner is known. 1-15. Cash bond - Holding Unless a cash bond is furnished in an amount sufficient to cover the charges for extraordinary use of highways, streets, and roads, as provided in section 16, together with the costs which may be collectible under any subsequent settlement made pursuant to section 13, said vehicle must be held until a trial of the case can be had before the district court. 1-16. Trial - Charges At the trial of the action, the court shall hear testimony concerning the facts and if it is found that such vehicle or vehicles were moved upon the highways, streets, or roads of this county at a weight in excess of the limitations imposed under the provisions of section 03 or as limited by the provisions of section 05, charges for the extraordinary use of the highways, streets, or roads must be assessed as follows: 1. The storage charges and costs of the action must be assessed; and 2. An additional charge must be assessed as follows: 1 to 1,000 pounds [.45 to 453.59 kilograms] of excess weight = $20 1,001 to 2,000 pounds [454.05 to 907.18 kilograms] of excess weight = $40 2,001 to 3,000 pounds [907.64 to 1360.78 kilograms] of excess weight = $60 3,001 to 4,000 pounds [1361.23 to 1814.37 kilograms] of excess weight = $140 4,001 to 5,000 pounds [1814.82 to 2267.96 kilograms] of excess weight = $220 5,001 to 6,000 pounds [2268.41 to 2721.55 kilograms] of excess weight = $305 6,001 to 7,000 pounds [2722.01 to 3175.14 kilograms] of excess weight = $380 7,001 to 8,000 pounds [3175.60 to 3628.74 kilograms] of excess weight = $495 8,001 to 9,000 pounds [3629.19 to 4082.33 kilograms] of excess weight = $575 9,001 to 10,000 pounds [4082.78 to 4535.92 kilograms] of excess weight = $655 10,001 to 11,000 pounds [4536.37 to 4989.51 kilograms] of excess weight = $1,100