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Home My WebLink About2011-256 Amending Sec 70.02e - Weight Restrictions CITY OF CORCORA.N ORDINANCE NO. 20�1-256 AN �RI)INACE AMENDING SECTIQN 70.02e OF'I'HE C`ORCORAN C`YTY CODE RELATING T� WEIGHT RE�TRiCTIONS THE CITY COUNCIL O�' CORCORAN ORDAINS: Sectian 1. Seetioz� 70.42 of the Corcoran City Code is amer�ded as follows in section 72.02e (3) and (4).: 70.02 WE�GHT RESTRICTIONS. The Crty Council finds that it is in the public interest to �-egulate the weigl�t of vehicles on city roads and hereby adopts the following regulations: Section 70.02a. �easonal Wezgl�t Limits; Posting. The Public Worl�s Departzz�ent xnay prohibit the operation of vehicles upon any street under the jurisdiction of the city or impose restrictians as ta the weight of'vehicles ta be operated upon any city st�eet when, by reason of deterioration, rain, snow, or climatic conditions, such city street may be damaged or destroyed unless the use of vehicles ther�nn is prohibited or the permissible r�eight thereof red�zced. The �ublic Works Department shall ca�se fio be posted on any such city street appropriate signs designating such restrictzoz�s. The city will follow the State of Minnesota Commissioner of Transportation dates of seasonal ioad Iimits. Hawever, the City �ay deem necessary to extend the date as recommended by �he Public Warks Department. Secfiion 70.02b. Administrative Regulatinn af Trucks. The Public Warks Depart�ent shall monitor the conc�ition of alt streets ux�der the j�risdzction af tk�e city and the use thereof by vehicles over 9,000 pounds gross weight, which vehicles are defined as trucks for purposes of this sectian. Whenever the Department determines that the excessive use of any city street by�rucks has or is likely ta endanger public health or safety or that such L�se has o� znay darnage or destroy the street due to any condition, including but not limited to, street deterioration, rain, sno�v, climatie conditions, soil or subsurface conditions, or sight lines, the Departrnent may regulate, restrict, or prohibit truck traffic on the stree�. The Department may set conditions or limitations on the use of the street to protect public heaith and safety or to preve�t damage to the street, including requiring that a letter of cz-edit ar oth�r financial guarantee be posted to compensate the city for darnage �o the sfreet, �stablishing l�aul routes and restricting hours of operation. A.ny pe�son aggrieved by a decisio� of fihe Pubiic Works Department regarding regulatzon of truck traffic under this sectio� zz�ay appeal that decision to the City Council. Tl�e City Council may continue, znodify or terminate the regulations as it deems appropriate in order to protect public health and safety and Lo prevent or rninirz�ize daznage to the city streets. Sectio� 70.02c. Weight Limits; Seasonal Rest-rictions. Subd�.vision 1, Probatioa�: Weight. It is unlawful to operate any vehicle or a combination af vek�icles upon any public street, alley or highway within the city, between the dates set by t�e �'age 1 of 3 C�TY �F C�RCORAN ORDINANCE NO. 201�-256 Comzxaissianer af Transportation each calendar year where the gross weight on azay single a��e exceeds 8,000 pnunds on all city roads, �nless otherwise posted, except that this lixzaitation daes not apply to ernergency�vehicles of�ublic utilities used incidental to �aki�ag emergency repairs to i�s �lant ar equipment within the city; nor to vehicles identafied in Minnesota Statute, sectian 169.87, Subds. 2-6; and section 169.$Ol nor shall this Iimita�zo� apply to roads paved with cancrete. Subd. 1. Posting of Signs. Upon the adoption of ai�y prohib�tion or restrictzon as provided far in this Section, the Public Works Departz�ent and/oz City Engineez shall cause to be posted or erected, signs plainly indicating the pro�ibitzon or restriction at each end of the street or alley or that portion of any street or alley af�'ected thereby, and the prohibition or restriction is effective �ntil after such si�ns so posted or erected are removed. �ection 70.02d. Restrictinns Generaily Prohibited vehicles — All �notor vehicles, tractors, trailers, or any machine or instrument that is driven, pulled, pushed, ar parked having �Ie weights over faur tons per axle are prohibited from trave�ing on any city street posted wi�h weight restrictions in the city. Sectia� 70.02e. Permits for Vehicles in Excess Of Weight Limitations. {1) The Public Works Department may issue an "emergency overweight permit" authorizin� an individual to firavel with a vehicle having axle vs�eight exceeding the restrictions herein set fa�-�. or atherwise posfed on the street. The individual must make writ�en applicatzon to the Public Works Department showing good cause for the emergency overweight permit. The applica�ion shall specifical�y describe the vehicle or vehicles, and the streets and particular z-outes ta be traveled. Ernergency overweight perrnits shall be valid for only a 24-hour per�od. If grazated, �he emergency overweigh# pern�it shall be carried i�1 the vehicle and sha11 be open�o inspection. (2) The City Council may issue an "overwezght permit" authorizing az� zndividual to �ravel wi�h a vehicle having an axle weight exceeding t�ie restrictions herein set forth or otherwise posted on the street. The individ�al receiving such overweight permit must make wr�tten application to the City Co�ncil showing good cause �or the permit. The application shall specifically describe the vei�icle or vehicles, tl7e street and particular routes traveled, and the period af time for which the permit is requested. The application wi11 be reviewed by the �ity Engineer and the Public Works Department for recommendation. If granted, �h� permit shall be camed in the vehicle at all times and shall be open to inspection. {3) The Public Works Departzz�ent �ay issue an "overweight pez�nit" authorizing an individual ta travel with a vehzcle havzng axle weight exceeding the z-est�ctions herein set forth or otherwise posted on the street. The applicant must meet the fnllowing requirements: a. Applicant must�ae a resident af Corcaran b. Applicant rnust have a valid Hame Occupation permit Page 2 af 3 CITY OF CORCORAN ORDINANCE NO. 2011-256 c. Permitt�d vehicle must be used as a commercial vehicle d. Permitted vehicle rnust be parked at the appTicant's residence in Corcaran e. Permitted vehicle exceeds 4 tons per axle but na more than 5 tons per a�le f. Issued Per�nit must be maintained in the permitted vehicle g. Pen�x�its will be issued o� an annual basis vvithout a fee fa the applicant (4) Issuance af az� exz�ergency overweight permit or nverweight permit imposes upon the holder of the permit al� respansibility for damage ca�sed to �he designated routes by such excess load and tk�e holder of the permit shal� reimburse the city for all reasonable and necessary expenditures to repair and replace the street ta its formed cor�dition. Section 70.02f. The City Council shall set fees for the issuance of the above permits, from tirne to ti�ne by Council Resolution. Secfinn 2. P�naZ#y. A person canvicted of a �violation of this Ordinance, shall be guilty of a misdemeanor and punished by a �ine of not more tl�an $1,004, imprisanment foz a tern� not exceeding ninety (90} days, or any combina�ion thereof; provided, however, that i�the violation is declared to be a petty misdea�eanor, th� penalty shall be a fine not to exceed $304. Add'ztionally, a person convicted af a violation of this Qrdinance shall�ay the costs of prosecution ,Section 3. Repealer. Sectian 7p.�2 of the current Corcoran City Code is 1�ereby repealed effective on the date that this Ordinance becomes effective. Sectioz� 4. Effective Date. This Ordinance sha11 be in full force and effect upon its publication and passage. AD4PTED by the City Council on 10 day of March, 201 l. VOTING AYE VOTING NAY � Guenthner, Ken ❑ Gue�thner, Ken � Asl�son, Rech ❑ Asleson, Ricl� � COSS�ttE� Tom ❑ Cossette, Tom � Gnaach, Geo�-ge ❑ Gr�ach, George � Milbrandt, ]Kos�lyn ❑ Milbrandt, ltosalyn .�� -`i,-�'�_ ,. _.. Ken Guenther, Mayor ATTEST: , , .��.� anie Heinecke, City Clerk Page 3 of 3