§ 98-11. Size, weight limitations of vehicles.

(a)

It shall be unlawful for any person to operate any motor vehicle or combination of vehicles on the streets of the city, the width, height and length of which exceeds the specifications set forth in state law.

(b)

It shall be unlawful for any person to operate any motor vehicle or combination of vehicles on the streets of the city, the weight of which exceeds the specifications set forth in state law.

(c)

It shall be unlawful for any person to drive, convey or operate upon, over or across any improved public street or highway or other public place in this city, any wagon, engine, tractor, truck or vehicle of any kind having on its wheels any curves, gutters or other contrivance that will cut or mash holes, gashes or crevices into the streets or otherwise tear up, injure or damage said streets or any part thereof.

(d)

The chief of police with the approval of the police board may issue permits for the operation of vehicles exceeding the limits specified in subsections (a) and (b) of this section and for the operation of vehicles designated in subsection (c) of this section, said permit to specify the terms and conditions under which such vehicles may be operated, and designate the street or streets over which such vehicle may be operated and the hours of the day between which such operation shall be permitted. Such a permit shall be issued upon a showing that property and public safety will not be harmed thereby.

(e)

The public works director shall have the right to post notices on each end of any bridge in this city, stating the maximum load that may be permitted on such bridge, and whenever by reason of thawing of frost, or rains, or due to new construction or other reason, any street in this city shall be in a soft condition, the maximum gross weights of all vehicles, including load, mentioned in this section, including trucks, tractors, trailers, semitrailers and other vehicles herein mentioned to be operated on such street, may be limited by the public works director to such an amount and in such manner as will preserve the street under such conditions; and said public works director shall give or cause to be given due notice thereof by posting notices at convenient and public places along and near such street subject to said regulations. It shall be unlawful for any person to fail to comply with the limitations or restrictions as to the use of such bridge or street as set forth in such notices.

(f)

Any person violating the provisions of subsection (a), (b), (c), (d), or (e) of this section, whether operating under a permit or not, or who shall willfully or negligently damage a highway of this city, shall be liable for the amount of such damage caused to any highway, street, bridge, culvert or sewer, and any vehicle causing such damage shall be subject to a lien for the full amount of such damage; provided, however, that such lien shall not be superior to any duly recorded or filed chattel mortgage or other lien previously attached to such vehicles; the amount of such damage may be recovered in an action in any court of competent jurisdiction, in the name of the state, to the use of the city.

(Code 1969, § 27-12; Ord. No. 1269, § 1, 4-16-1981)