3. Second reading-amended ordinance #2005-2

SUBJECT: ORDINANCE #2005-2 AMENDED (OVER DIMENSION VEHICLE REGULATIONS) ADOPTED DATE: FEBRUARY 19, 2008 PAGE 5 OF 23 1-07. Peace officers may weigh vehicle to determine load - decreasing gross weight of vehicle Every peace officer, including members of the state highway patrol, having reason to believe that the weight of a vehicle and the load carried thereon is unlawful, may weigh such vehicle and load or have the same weighed either by means of portable or stationary scales, and for that purpose the officer may require the vehicle to be driven to the nearest scales. Such officer may require the driver of such vehicle immediately to unload such portion of the load as may be necessary to decrease the gross weight to the maximum allowed by the provisions of this policy. 1-08. Penalty for violation of chapter Any person violating any of the provisions of sections 04, 05, or 06 must be assessed a fee of one hundred dollars. Any person violating any other provision of this chapter, for which a specific penalty is not provided, must be assessed a fee of fifty dollars. These fees are in addition to the applicable charges for extraordinary road use listed in section 16 of this policy. 1-09. Impounding overweight vehicle Any vehicle found to have been moved or used upon any highway, street, or road in this state at a weight exceeding the limitations as specified in any order, ordinance, or resolution issued under this policy may be impounded by any peace officer and taken to a warehouse or garage for storage. 1-10. Impounding receipt - Information A receipt must be given by the officer impounding the vehicle, to the driver or person in charge of such vehicle. Such receipt must identify, as nearly as possible, the owner of the vehicle and cargo, the driver or person in charge of such vehicle, the cargo, the place the vehicle is to be stored during impoundment, the weight of the loaded vehicle and the name and address of the impounding officer. Information as to the owner of the vehicle and cargo must be obtained from the driver or person in charge of the vehicle. 1-11. Impounding notice - Perishables The impounding officer shall notify the owner or owners, if they can be found, by wire or telephone, of the impoundment and the charges involved. If the cargo consists of perishables, the impounding officer shall use reasonable diligence in assisting the operator or owner in finding suitable storage facilities for such perishables, but all risk of loss or damage to such perishables must be upon the owner, operator, or lessee of such vehicle. 1-12. Civil complaint. The state's attorney shall, if no settlement is made under section 13, immediately prepare and file a civil complaint on behalf of the authority having jurisdiction of the road whereon the violation occurred, for the purpose of recovering charges for the extraordinary use of the highways, streets, or roads of this county.