Town of Walworth Ordinance 12.01.04 Regulations of Weight Limits for Vehicles On Town of Walworth Roads

The Town Board of the Town of Walworth, Walworth County, Wisconsin, do ordain as follows:

SECTION 1 – STATEMENT OF PURPOSE:

In the interest of public safety on Town Roads, the roads and streets, or portions thereof, of the Town of Walworth are hereby declared to have special weight limitations as set forth herein, because, in the absence of such special limitations, there is a likelihood that they would be seriously damaged or destroyed. Such limitations are adopted pursuant to Sec. 349.16, Wis. Stats., which is hereby adopted by reference and made a part of this ordinance.

SECTION 2 – WEIGHT LIMITATIONS:

It shall be unlawful for any person to operate a vehicle that exceeds State of Wisconsin requirements for a Class B road on Town Roads, street or portions thereof, except when necessary for the purpose of delivering and moving supplies or other necessary commodities to or from any farm, place of business or residence fronting on any such roads, and except when necessary for the purpose of leaving or returning to a terminal or place of garaging a vehicle: however, such operator shall leave such road and re-enter roads not prohibited by such weight limitations at the closest to its immediate destination and shall take the most direct route to his destination. Municipal owned vehicles engaged in removal of snow or ice, sanding, or salting, Fire and EMS vehicles, vehicles involved in agricultural activities, fuel trucks, school buses and garbage/recycling trucks contracted by the Town shall also be exempt from the general weight restrictions of this Section. Roads with weight limitations are as follows:

SECTION 3 – NOTICES/SIGNS:

Appropriate weigh limitation signs shall be erected on Town Roads and/or streets. At all times a map showing the location of the signs shall be on file with the Town Clerk.

SECTION 4 – SEASONAL WEIGHT LIMITATIONS:

In addition to the permanent weight limitations on Town Roads, the Town Road Superintendents may impose special seasonal limitations on any Road or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary condition, which would likely be seriously damaged or destroyed in the absence of such special limitations. When such seasonal limitations are in effect, the pick-up and delivery exceptions to Section 2 above shall not be applicable- except for the specially exempted vehicles allowed in Section 2, or by written permission of the Town Board

SECTION 5 – PERMIT TO ALLOW OVERWEIGHT LOADS:

The Town Road Superintendent or his or her designee shall be authorized to issue a special permit granting a person the privileged of exceeding weight limits as specified. A permit must be applied for in writing. Special permits may be issued only on an occasional basis for a non-routine load where no other practical alternative exists. SECTION 6 – PENALTY FOR VIOLATION:

The penalty for violation of any provision of this ordinance shall be forfeiture as hereinafter provided, together with the costs of prosecution imposed and provided in Section 345.20 to 345.53, Wis. Stats. The forfeiture for a first violation of any provision of this ordinance shall be not less than Five Hundred ($500.00) Dollars. The forfeiture for a second or subsequent offenses shall not be less than One Thousand ($1000.00) Dollars.

SECTION 7 – ENFORCEMENT:

This ordinance shall be enforced in accordance with the provisions of Sections 345.20 to 345.53, chapter 800, and Section 66.12, Wis. Stats. This ordinance may be enforced by the issuance of a citation by officials authorized to do so on behalf of the Town.

SECTION 8 – SEVERABILITY:

If a court of competent jurisdiction adjudges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remaining provisions shall not be effected.

SECTION 9 – EFFECTIVE DATE:

This ordinance shall take effect the day after it publication pursuant to law. The Town Board of the Town of Walworth, Walworth, Wisconsin, duly adopted the above and forgoing ordinance at a regular meeting held on the 11 day of November, 2004

Adopted: 11/11/2004

Posted or Published: 11/25/04

TOWN BOARD OF WALWORTH

--------------------------------------- DIANE VOSS, CHAIRPERSON

-------------------------------------- LARRY AUSTIN, SUPERVISOR

-------------------------------------- WILLIAM PEARCE, SUPERVISOR

ATTEST:

______________________________ TAMI MARTIN, TOWN CLERK

DATE: