HomeMy WebLinkAboutORD485ORDINANCE NO.485
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,CHAPTER 12 TRAFFIC BY ADDING ARTICLE 12-4 VEHICLE
WEIGHT RESTRICTIONS ON PUBLIC STREETS;REPEALING ANY CONFLIC-
TING PROVISIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING
FOR PENALTIES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code,Chapter 12 TRAFFIC be amended by
adding Article 12-4 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS to read as
follows:
ARTICLE 12-4
Section 12-4-1
Section 12-4-2
Section 12-4-3
Section 12-4-4
Section 12-4-5
Section 12-4-6
Section 12-4-7
Section 12-4-8
VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS
Weight Restrictions Within Residential Areas
and Other Roads
Weight Restrictions on Mile Grid Roadways,
U.S.Highways and State Routes
Exemptions
Weighing of Vehicles
Unlawful Weight
Damages to the Street
Overweight Permits
Penalties
Section 12-4-1 Weight Restrictions Within Residential Areas and Other Roads
I t shall be unlawful for any person,partnership,association,company or corpora-
tion to operate a vehicle having a gross weight,including load,i n excess of
eight thousand (8,000)pounds on the public street in any residential area and
other roads within the corporate limits of the city,except roads as indicated
i n Section 12-4-2.
Section 12-4-2 Weight Restrictions on Mile Grid Roadways,U.S.Highways and
State Routes
The total gross vehicle weight and total gross axle weight of any motor vehicle,
truck or trailer,including the load thereon,driven only on mile grid roadways
(section -line roads),U.S.Highways,and State Routes shall not exceed the gross
weight given for the respective distance between the first and last axles of the
group of axles measured longitudinally to the nearest foot as set forth i n the
appropriate table of weights applicable to highways under the jurisdiction of
the State by Section 28-1008,28-1009 and 28-1009.01 of the Arizona Revised
Statutes i n effect on the date that this ordinance becomes effective or as from
time to time subsequently amended.Said State statutory tables and provisions
are hereby made a part of this section in their entirety as though fully set
forth herein.This section shall not apply to fire apparatus,urban mass transit
transportation vehicles,implements of husbandry,including farm tractors tempo-
rarily moved upon a highway,or to vehicles operated under the terms of a special
permit as provided herein.
Section 12-4-3 Exemptions
Vehicles involved i n the pickup or delivery of goods or services,vehicles
owned by a public or private utility while necessarily in use i n the construction,
installation or repair of any public utility or cable television,so long as they
use the most direct route to accomplish the purpose;emergency vehicles and
school buses,shall be exempt from the provision of Section 12-4-1 of this
article unless otherwise specified.
ORDINANCE NO.485
PAGE ONE OF THREE
Section 12-4-4 Weighing of Vehicles
Any peace officer employed by the State of Arizona,County of Maricopa,County
of Pinal,or the City of Apache Junction having reason to believe that the gross
weight,including load,of a vehicle i s unlawful,i s authorized to require the
driver to stop and submit of a weighing of the vehicle and load by means of
either portable or stationary scales and may require that the vehicle be driven
to the nearest public scales i n the event such scales are within two miles,
i n the same manner as i s provided in State statutes.
Section 12-4-5 Unlawful Weight
When a peace officer,upon weighing a vehicle and load as provided i n Section
12-4-4 determines that the weight i s unlawful,the officer may require the
driver to stop the vehicle i n a suitable place and remain standing until such
portion of the load i s removed -as may be necessary to reduce the gross weight
of the vehicle to the limit as permitted i n Sections 12-4-1 or 12-4-2 respec-
tively.All material so unloaded shall be cared for yb the owner or operator
of the vehicle at the risk of the owner or operator.
Section 12-4-6 Damages to the Street
Any person driving,operating or parking any vehicle,object or contrivance upon
any street i n the city shall be liable for all damage which the street may
sustain as a result of any illegal operation,driving or moving of the vehicle,
object,or contrivance,or as a result of operating,driving,or moving any
vehicle,object,or contrivance weighing i n excess of the maximum weight
established by Section 12-4-1 or 12-4-2.
Section 12-4-7 Overweight Permits
The City Manager,or his designee,upon application i n writing and good cause
shown,may issue a special permit i n writing authorizing the applicant to
operate a vehicle or load exceeding the maximum specified i n this article on
any street under the jurisdiction of the city.
Section 12-4-8 Penalties
A.In addition to any other penalties provided herein,any person convicted
of violating the provisions of this article shall be punished by a fine
as set forth i n the following table:
1,001 to 1,250 pounds i n excess $100.00
1,251 to 1,500 pounds in excess 200.00
1,501 to 2,000 pounds i n excess 300.00
2,001 to 2,500 pounds i n excess 400.00
2,501 to 3,000 pounds i n excess 500.00
3,001 to 3,500 pounds in excess 600.00
3,501 to 4,000 pounds in excess 660.00
4,001 to 4,500 pounds i n excess 720.00
4,501 to 4,750 pounds i n excess 760.00
4,751 to 5,000 pounds i n excess 800.00
5,001 to 5,250 pounds in excess 840.00
5,251 to 5,500 pounds i n excess 880.00
5,501 to 5,750 pounds i n excess 920.00
5,751 to 6,000 pounds in excess 960.00
6,001 pounds and over in excess 1,000.00
B.If any arresting officer finds that the person has violated only the axle
weight limitation and not the total weight limitation,the officer shall
request the driver to reload the vehicle to comply with the axle weightlimitations,and i f the driver so complies,he shall not be subject to
arrest or fine.I f the driver does not comply with the request of the
officer to reload,the driver shall be subject to arrest and fine as
provided by this section.
ORDINANCE NO.485
PAGE TWO OF THREE
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances i n conflict with the provisions of
this ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,subsection,sentence,phrase,clause or portion of this ordinance
or any part of the code adopted herein by reference is,for any reason,held to
be invalid or unconstitutional by the decision of any court of competent juris-
diction,such decision shall not affect the validity of the remaining portions
thereof.
SECTION IV PENALTY CLAUSE
Any person found guilty of any violation of or failure or refusal to do or
perform any act required by Chapter 12 of this code constitutes a civil traffic
violation.Civil traffic violations are subject to the provisions of Title 28,
Chapter 6,Article 20 and 21 of Arizona Revised Statutes and amendments therof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 6TH DAY OF MAY ,1986.
ATTEST:
Z &Le4
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
AlexaAttorney
ORDINANCE NO.485
PAGE THREE OF THREE
Norman S.Hill
Mayor