Silver Lake Weight Ord. 02-02-22

February 14, 2022 at 12:35 p.m.

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ORDINANCE NO. 02-02-22

AN ORDINANCE CONCERNING WEIGHT LIMITS ON ROADS WITH UNDERGROUND CULVERTS IN SILVER LAKE.

    WHEREAS, the purpose of this ordinance is to promote safety for persons and property within the Town limits of Silver Lake; and

    WHEREAS, the Town of Silver Lake, pursuant to its authority under I.C. 9-20-1-3, proposes to have weight limits established on streets within its jurisdiction  located above underground culverts; and

    WHEREAS,  the Town of Silver Lake proposes to regulate the weight of vehicles operating on said streets to prevent unreasonable damage or extraordinary  maintenance expenses due to the activities of heavy vehicles;

    NOW THEREFORE, BE IT ORDAINED,  by the Town Council of the Town of Silver Lake, Indiana:

    SECTION 1. It shall be unlawful for any firm, corporation, or person to operate a motor vehicle weighing more than 26,000 pounds (13 tons) upon the following locations within the Town of Silver Lake, Indiana:

    (a)  Pleasant Street at the Channel;

    (b) Pleasant Street at the Ditch by Courtland Drive; and

    (c) Dixie Drive West o fNorth Courtland  Park Drive Ext.

    SECTION 2. All emergency vehicles and Town Highway Department  vehicles, being necessary for the safety and general welfare of the community, are exempt from the operation of this Ordinance.

    SECTION 3. The Town Council of Silver Lake may also exempt, or issue special permits for, the operation of vehicles weighing more than 26,000 pounds which are not exempted by Section 2 if:

    (1) the Town Council determines that the vehicle will not cause unreasonable damage or extraordinary expense to the roadway; or

    (2) the owner or operator of the vehicle deposits with the Town security in the form of cash, a letter of credit, or bond from an insurance or binding company, in an amount to be determined by the Town Council, which would be sufficient to pay for the repair of all unreasonable damage or extraordinary  maintenance expenses which may be caused by the operation of the vehicle.

    SECTION 4.  The Town Street Department  shall post maximum weight limit signs at the above-described culvert locations and/or the entrances onto the restricted roadways, which signs shall be clearly visible to traffic on said roadways.

    SECTION 5.  Any firm, corporation, or person found to have violated this ordinance shall be fined not less than Five Hundred Dollars ($500.00) and not more than Two Thousand Dollars ($2,000.00) per violation.  Each restricted location upon which a non-exempt vehicle traverses shall constitute a separate violation of this ordinance.

    Any person charged with a violation of this ordinance, in lieu of being charged for such violation in Court for the penalties prescribed herein, may, within thirty (30) days of being charged with said violation, pay to the Clerk-Treasurer of the Town of Silver Lake, for the benefit of the Motor Vehicle Highway Fund of said Town, the sum of the violation, plus an additional One Dollar ($1.00) for each day after the 30th day from the violation.

    Introduced on the 9th day of February, 2022, and adopted by the Town Council of the Town of Silver Lake, Kosciusko County, Indiana on this 9th day of February, 2022.

Medard Hugh Murfin, Council President

Michole Taylor, Council Member

Gloria Jean Weller, Council Member

Attest: Tonya Conley, Clerk-Treasurer

2-16 hspaxlp



ORDINANCE NO. 02-02-22

AN ORDINANCE CONCERNING WEIGHT LIMITS ON ROADS WITH UNDERGROUND CULVERTS IN SILVER LAKE.

    WHEREAS, the purpose of this ordinance is to promote safety for persons and property within the Town limits of Silver Lake; and

    WHEREAS, the Town of Silver Lake, pursuant to its authority under I.C. 9-20-1-3, proposes to have weight limits established on streets within its jurisdiction  located above underground culverts; and

    WHEREAS,  the Town of Silver Lake proposes to regulate the weight of vehicles operating on said streets to prevent unreasonable damage or extraordinary  maintenance expenses due to the activities of heavy vehicles;

    NOW THEREFORE, BE IT ORDAINED,  by the Town Council of the Town of Silver Lake, Indiana:

    SECTION 1. It shall be unlawful for any firm, corporation, or person to operate a motor vehicle weighing more than 26,000 pounds (13 tons) upon the following locations within the Town of Silver Lake, Indiana:

    (a)  Pleasant Street at the Channel;

    (b) Pleasant Street at the Ditch by Courtland Drive; and

    (c) Dixie Drive West o fNorth Courtland  Park Drive Ext.

    SECTION 2. All emergency vehicles and Town Highway Department  vehicles, being necessary for the safety and general welfare of the community, are exempt from the operation of this Ordinance.

    SECTION 3. The Town Council of Silver Lake may also exempt, or issue special permits for, the operation of vehicles weighing more than 26,000 pounds which are not exempted by Section 2 if:

    (1) the Town Council determines that the vehicle will not cause unreasonable damage or extraordinary expense to the roadway; or

    (2) the owner or operator of the vehicle deposits with the Town security in the form of cash, a letter of credit, or bond from an insurance or binding company, in an amount to be determined by the Town Council, which would be sufficient to pay for the repair of all unreasonable damage or extraordinary  maintenance expenses which may be caused by the operation of the vehicle.

    SECTION 4.  The Town Street Department  shall post maximum weight limit signs at the above-described culvert locations and/or the entrances onto the restricted roadways, which signs shall be clearly visible to traffic on said roadways.

    SECTION 5.  Any firm, corporation, or person found to have violated this ordinance shall be fined not less than Five Hundred Dollars ($500.00) and not more than Two Thousand Dollars ($2,000.00) per violation.  Each restricted location upon which a non-exempt vehicle traverses shall constitute a separate violation of this ordinance.

    Any person charged with a violation of this ordinance, in lieu of being charged for such violation in Court for the penalties prescribed herein, may, within thirty (30) days of being charged with said violation, pay to the Clerk-Treasurer of the Town of Silver Lake, for the benefit of the Motor Vehicle Highway Fund of said Town, the sum of the violation, plus an additional One Dollar ($1.00) for each day after the 30th day from the violation.

    Introduced on the 9th day of February, 2022, and adopted by the Town Council of the Town of Silver Lake, Kosciusko County, Indiana on this 9th day of February, 2022.

Medard Hugh Murfin, Council President

Michole Taylor, Council Member

Gloria Jean Weller, Council Member

Attest: Tonya Conley, Clerk-Treasurer

2-16 hspaxlp



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