Chapter 12.20
WEIGHT LIMITS ON PUBLIC WAYS
Sections:
12.20.020 “Public way” defined.
12.20.030 Administration responsibility.
12.20.040 Weight limit imposed.
12.20.050 Arterial streets designated.
12.20.070 Liability for damage to City streets.
12.20.075 Third party liability.
12.20.010 Intent of chapter.
The intent of this chapter is to protect the public investment in City streets by imposing weight limits for vehicles on local access residential streets. The City Council finds and declares that by reason of climatic and other conditions, City streets are seriously damaged and often destroyed by the continuous movement and operation of heavy trucks and other vehicles. By restricting or limiting the permissible weight of a vehicle traveling on a City street, the City will protect the public’s investment and reduce potential public health and safety problems. The frequent operation of heavy vehicles on City streets decreases the anticipated life of the street, decreases property values and increases the cost to maintain, repair and improve City streets. (Ord. C-503, 2002)
12.20.020 “Public way” defined.
For the purpose of this chapter, terms used herein are defined in Chapter 16.02 AHMC. (Ord. C-503, 2002)
12.20.030 Administration responsibility.
The administration of this chapter shall be the responsibility of the Public Works Director or designee. The Director will make inspections to reevaluate the intent of this chapter and may notify the property owner, trucking company, or solid waste collector of any violation of this chapter. The City Manager is directed to cause appropriate signs to be posted informing the public of the restrictions established by this chapter and may issue written rules which are consistent with this chapter. (Ord. C-512, 2002; Ord. C-503, 2002)
12.20.040 Weight limit imposed.
Excluding authorized buses, emergency vehicles, public utility vehicles and solid waste disposal vehicles, no person may operate a vehicle exceeding 20,000 pounds gross weight on any street that is:
A. Not designated an arterial street or collector; or
B. Specifically prohibited by resolution of the City Council; except for such local operations on other streets as necessary for pickup or delivery. (Ord. C-532, 2002; Ord. C-503, 2002)
12.20.050 Arterial streets designated.
The following are arterial streets to which the weight limit provided in AHMC 12.20.040 does not apply:
A. McFarlane Road between Craig Road and Hayford Road.
B. Lawson Street between SR2 to McFarlane Road.
C. Lundstrom Street between SR2 and 21st Street.
D. 21st Street between Lundstrom Street and Hayford Road.
E. Garfield Road.
F. Sprague Avenue.
G. Lyons Road.
H. Hayden Road.
I. Russell Street between 6th Street to Sprague Avenue.
J. Russell Street between SR2 and 21st Street.
K. 12th Street between Russell Street and Hayford Road. (Ord. C-503, 2002)
12.20.060 Special permits.
Upon application to the Public Works Director with a showing of good cause, a special permit may be issued authorizing the applicant to operate, move or park a vehicle exceeding the maximum weight limit set forth in AHMC 12.20.040. Special permits may be issued, provided the City street has been designed and constructed for such weight, for any shipment duly certified as necessary by military officials or by officials of public or private utility facilities or when in the opinion of the Public Works Director the movement or action is necessary to provide a benefit or convenience to residents and property owners within the City. Application shall be made in writing on forms provided by the City and shall be submitted at least 24 hours in advance of the proposed movement. At a minimum, the application shall contain the name, address and phone number of the owner of the vehicle, the place where the vehicle will be moved including an identification of the City street(s), a description of the vehicle including its certified weight and an agreement to pay for all damage done to the City streets by such vehicle. Fees for a special permit shall be set by City Council resolution. (Ord. C-503, 2002)
12.20.065 Violations.
A. A violation of any of the provisions of this chapter is designated a civil infraction.
1. A Police Officer has the authority to issue a notice of infraction when the infraction is committed in the Officer’s presence.
B. All proceedings for responding to a notice of infraction under this chapter and conducting a hearing on any contested notice of infraction, or a mitigation hearing shall be the same procedures prescribed for responding to traffic infractions set forth in Chapter 46.63 RCW.
C. A person found to have committed an infraction shall be assessed a monetary penalty of not more than $100.00.
D. The maximum penalty for each subsequent offense is $100.00.
E. In all cases in which the court determines that an infraction has been committed, court costs shall be assessed in addition to any monetary penalty.
F. All monetary penalties imposed pursuant to this chapter shall be payable immediately. If the person who committed the infraction is unable to pay at that time, the court may, in its discretion, grant an extension of time or allow payment in installments. In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service. (Ord. C-512, 2002)
12.20.070 Liability for damage to City streets.
Any person operating a vehicle or moving any object upon a City street is liable for all damages to the City street and all related structures caused by any illegal operation of the vehicle or the movement or parking of a vehicle weighing in excess of the allowed limits. This section applies to any person operating a vehicle or moving an object in any illegal or negligent manner without a special permit.
Any person operating any vehicle is liable to the City for any damage to City streets or related structures caused by the negligent operation of the vehicle. When the operator is not the owner of the vehicle, object or attachment but is operating or moving it with the express or implied permission of the owner, the owner and the operator are jointly and severally liable for any such damage. Damage to any City street may be recovered through civil action instituted in the name of the City. (Ord. C-503, 2002)
12.20.075 Third party liability.
It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
It is the specific intent of this chapter that no provision or term used in this chapter is intended to impose any duty whatsoever upon the City of Airway Heights or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. C-512, 2002)