HomeMy WebLinkAboutO-2016-012 Commercial Vehicle Weight and Load Restrictions ORDINANCE NO. 2016-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC",
ARTICLE 1, "IN GENERAL", SECTION 25-1, "DEFINITIONS" TO
INCLUDE DEFINITIONS FOR "AXLE LOAD" AND "SCALE
TOLERANCE"; FURTHER AMENDING CHAPTER 25, "TRAFFIC",
ARTICLE II, "OPERATION OF VEHICLES GENERALLY", TO
CREATE SECTION 25-27 THROUGH SECTION 25-36, PERTAINING
TO COMMERCIAL VEHICLE WEIGHT AND LOAD
RESTRICTIONS, IN ACCORDANCE WITH CHAPTER 316,
FLORIDA STATUTES, BY PROVIDING REGULATIONS ON WHEEL
AND AXLE LOAD AND VEHICLE WEIGHTS FOR CERTAIN
VEHICLES OPERATING ON ROADWAYS LOCATED WITHIN THE
CITY; PROVIDING REGULATIONS FOR UNSAFE COMMERCIAL
MOTOR VEHICLES AND FOR OUT-OF-SERVICE VEHICLES AND
DRIVERS OPERATING ON ROADWAYS LOCATED WITHIN THE
CITY; REQUIRING PROPER REGISTRATION AND PROVIDING
FOR SPECIAL PERMITS FOR COMMERCIAL MOTOR VEHICLES;
PROVIDING FOR ENFORCEMENT, INSPECTION, PENALTIES AND
APPEAL; PROVIDING FOR SEVERABILITY; FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, municipalities are authorized to enact commercial vehicle regulations for
roadways located within the jurisdiction of the municipality, pursuant to Florida Statute Section
316.006 and 316.555; and
WHEREAS, the regulation of wheel and axle loads and gross vehicle weights of certain
vehicles on roadways within the City's municipal boundaries and the assessment of fees and
penalties for violations of the regulations will promote the public health, safety and general
welfare upon the streets, roadways and highways located within the City of Dania Beach; and
WHEREAS, the City Commission of the City of Dania Beach has deemed it to be in the
best interest of the citizens and residents of the City that Chapter 25 of the Dania Beach Code of
Ordinances, entitled "Traffic", be amended to add a "Division 2", consisting of Section 25-27
through Section 25-36, to be entitled "Commercial Vehicle Weight and Load Restrictions", in
accordance with Chapter 316 of the Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. That the Code of Ordinances of the City of Dania Beach, Florida, Chapter
25, "Traffic", Article I, "In General", Section 25-1, "Definitions", is amended by creating a new
"Division 1" of the Article and creating the definitions of the terms "axle load" and "scale
tolerance"to read as follows:
ARTICLE 1. IN GENERAL
DIVISION 1.
Sec. 25-1. Definitions
Axle load: The total load transmitted to a road by all wheels, the centers of which are
included between two (2) parallel transverse vertical planes forty (40) inches apart, extending
across the full width of the vehicle.
Scale Tolerance: The allowable deviation from legal weights established in Section 25-
31.
Section 3. That the Code of Ordinances of the City of Dania Beach, Florida, Chapter
25, "Traffic", is further amended by creating a new "Division 2" consisting of Section 25-27
through Section 25-36, to be entitled "Commercial Vehicle Weight and Load Restrictions, to
read as follows:
ARTICLE I. IN GENERAL
DIVISION 2. COMMERCIAL VEHICLE WEIGHT AND LOAD RESTRICTIONS
Sec. 25-27. Introduction.
The purpose of this Division is to promote the public health, safety and general
welfare upon the streets, roadways and highways located in the City by regulating the
wheel and axle loads and gross vehicle weights of certain vehicles, to provide for the
assessment of fees and to provide penalties for violations of provisions of this Division.
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Sec. 25-28. Adoption of Regulations.
Except as otherwise provided in this Division the City expressly adopts the weight
and load restrictions and enforcement procedures for commercial vehicles as promulgated
in Florida Statutes Chapter 316, rules and regulations contained in Chapter 49 of the
Code of Federal Regulations (CFR) 390-397 and the North American Driver Out-of-
Service Criteria, as each is amended from time to time.
Sec. 25-29. Jurisdiction.
The jurisdiction for determining restrictions as to oversize and overweight
vehicles is provided to the City by the state of Florida through the provisions of Florida
Statutes Chapter 316, specifically Sections 316.006 and 316.555.
Sec. 25-30. Violations.
It is a violation of this section for any person to drive or move, or for the owner to
cause or knowingly permit to be driven or moved, on any street, roadway or highway
located within the City, any vehicle or vehicles of a size or weight exceeding the
limitations stated in this Division or otherwise in violation of any provision of this
Division.
Sec. 25-31. Maximum Weights.
(a) The gross weight imposed on a street, roadway or highway within the City by the
wheels of any one axle of a vehicle shall not exceed 20,000 pounds.
(b) Subject to the limit upon the weight imposed upon the streets, roadways and
highways through any one axle as set forth in this section, the total weight with load
imposed upon the street, roadway or highway within the City by all of the axles of a
vehicle or combination of vehicles shall not exceed the gross weight given for the
respective distance between the first and last axle of the vehicle or combination of
vehicles, measured longitudinally to the nearest foot as set forth in the following
table:
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Distance in Feet between First and Last Axles Maximum Loads in
of Vehicles or Combination of Vehicles Pounds on all Axles
4....................................................................................40,000
5....................................................................................40,000
6....................................................................................40,000
7....................................................................................40,000
8................................................................................... 40,000
9....................................................................................44,140
10..................................................................................44,980
11..................................................................................45,810
12..................................................................................46,640
13..................................................................................47,480
14..................................................................................48,310
15..................................................................................49,150
16..................................................................................49,980
17..................................................................................50,810
18..................................................................................51,640
19..................................................................................52,480
20..................................................................................53,310
21..................................................................................54,140
22..................................................................................54,980
23..................................................................................55,810
24..................................................................................5 6,640
25..................................................................................57,470
26..................................................................................5 8,310
27..................................................................................59,140
28..................................................................................59,970
29..................................................................................60,810
30..................................................................................61,640
31..................................................................................62,470
32..................................................................................63,310
33..................................................................................64,140
34..............................................................64,970
35..............................................................65,800
36..............................................................66,610
(c) With respect to those highways and roadways not in or a part of the Interstate
Highway System, in all cases in which it exceeds state law in effect on January 4,
1975, the overall gross weight on the vehicle or combination of vehicles, including all
enforcement tolerances, shall be as determined by the following formula:
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W = 500 ( LN + 12N + 36)
N-1
For the above formula, W = overall gross weight of the vehicle to the nearest 500
pounds; L = distance in feet between the extreme of the external axles; and N =
number of axles on the vehicle. However, such overall gross weight of any
vehicle or combination of vehicles may not exceed 80,000 pounds including all
enforcement tolerances.
(d) Dump trucks, concrete mixing trucks, trucks engaged in waste collection and
disposal, and fuel oil and gasoline trucks designed and constructed for special type
work or use, when operated as a single unit, shall be subject to all safety and
operational requirements of law, except that any such vehicle need not conform to the
axle spacing requirements of this section provided that such vehicle shall be limited
to a total gross load, including the weight of the vehicle, of 20,000 pounds per axle
plus scale tolerances and shall not exceed 550 pounds per inch width tire surface plus
scale tolerances. No vehicle operating pursuant to this section shall exceed a gross
weight, including the weight of the vehicle and scale tolerances, of 70,000 pounds.
Any vehicle violating the weight provisions of this section shall be penalized as
provided in Section 1-8 of the City Code of Ordinances.
(e) The City shall adopt rules consistent with the Florida Department of Transportation to
implement this section and all provisions of this Division, shall enforce this section
and the rules adopted under it, and shall publish and distribute tables and other
publications as deemed necessary to inform the public.
(f) Except as otherwise provided elsewhere, no vehicle or combination of vehicles
exceeding the gross weights specified in Section 25-31, subparagraphs (b), (c) and (d)
above, shall be permitted to travel on public streets, roadways or highways located
within the City.
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Sec. 25-32. Weight and load unlawful; special fuel and motor fuel tax enforcement;
inspection; penalty; review.
(a) Any designated law enforcement officer of the City or agent of the Florida or federal
Departments of Transportation having reason to believe that the weight of a vehicle
and load is unlawful is authorized to require the driver to stop and submit to a
weighing of the same by means of either portable or fixed scales and may require that
such vehicle be driven to the nearest weigh station or public scales, provided that
such a facility is within five miles of the location of the traffic stop. Any person who
refuses to submit to such weighing, in addition to any criminal penalties that may be
imposed pursuant to Florida Statutes, shall be guilty of a violation of this section,
punishable as provided in Section 1-8 of the City Code of Ordinances.
(b) (1) Whenever a law enforcement officer, upon weighing a vehicle or
combination of vehicles with load, determines that the axle weight or gross
weight is unlawful, the law enforcement officer may require the driver to stop the
vehicle in a suitable location and remain at the location until a determination can
be made as to the amount of weight of the vehicle(s) and, if overloaded, the
amount of penalty to be assessed as provided in the provisions of this Division.
However, any gross weight over 6,000 pounds and beyond the maximum
permitted in this Division shall be unloaded and all material so unloaded shall be
cared for by the owner or operator of the vehicle at the sole risk of such owner or
operator. Except as otherwise provided for in Florida Statutes Chapter 316, to
facilitate compliance with and enforcement of the weight limits established in
Section 25-31, above, weight tables published pursuant to Florida Statutes Section
316.535(7), shall include a ten percent (10%) scale tolerance and shall reflect the
maximum scaled weights allowed any vehicle or combination of vehicles.
Notwithstanding any other provision of the weight law, if a vehicle or
combination of vehicles does not exceed the gross, external bridge, or internal
bridge weight limits imposed in Section 25-31 and the driver of such vehicle or
combination of vehicles can comply with the requirements of Florida Statutes
Chapter 316 by shifting or equalizing the load on all wheels or axles, and does so
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when requested by the proper authority, the driver shall not be held to be
operating in violation of the weight limits.
(2) The law enforcement officer shall inspect the license plate or registration
certificate of the vehicle, as defined in Florida Statutes Section 316.003(66), to
determine if its gross weight is in compliance with the declared gross vehicle
weight. If its gross weight exceeds the declared weight, the penalty shall be $0.05
per pound of the difference between such weights. In those cases when the
vehicle, as defined in Florida Statutes Section 316.003(66), is being operated over
the streets, roadways or highways located within the City with an expired
registration or with no registration from Florida or any other jurisdiction or is not
registered under the applicable provisions of Florida Statutes Chapter 320, the
penalty in this Section shall apply on the basis of$0.05 per pound on that scaled
weight which exceeds 35,000 pounds on laden truck tractor-semitrailer
combinations or tandem trailer truck combinations, 10,000 pounds on laden
straight trucks or straight truck-trailer combinations, or 10,000 pounds on any
unladen commercial motor vehicle. If the license plate or registration has not
been expired for more than 90 days, the penalty imposed under this section may
not exceed $1,000.00. In the case of special mobile equipment as defined in
Florida Statutes Section 316.003(48), which qualifies for the license tax provided
for in Florida Statutes Section 320.08(5) (b), being operated on the streets,
roadways, or highways located within the City with an expired registration or
otherwise not properly registered under the applicable provisions of Florida
Statutes Chapter 320, a penalty of $75.00 shall apply in addition to any other
penalty which may apply in accordance with Florida Statutes Chapter 316. A
vehicle found in violation of this section may be detained until the owner or
operator produces evidence that the vehicle has been properly registered. Any
costs incurred by the detention of the vehicle shall be the sole responsibility of the
owner. A person who has been assessed a penalty pursuant to this section for
failure to have a valid vehicle registration certificate pursuant to the provisions of
Florida Statutes Chapter 320, is not subject to the delinquent fee authorized in
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Florida Statutes Section 320.07, if such person obtains a valid registration
certificate within ten (10) working days after such penalty was assessed.
(3) Weight limits established and posted for a road or bridge pursuant to
Florida Statutes Section 315.555, and weight limits specified in special permits
issued pursuant to Florida Statutes Section 316.550, shall be deemed to include all
allowable tolerances. In those cases when a vehicle or combination of vehicles
exceeds the weight limits established and posted for a road or bridge pursuant to
Florida Statutes Section 316.555, or exceeds the weight limits permitted in a
special permit issued pursuant to Florida Statutes Section 316.550, the penalty
shall be $0.05 per pound of the difference between the scale weight of the vehicle
and the weight limits for such posted road or bridge or permitted in such special
permit. However, if a special permit is declared invalid in accordance with rules
promulgated pursuant to Florida Statutes Section 316.550, the penalties imposed
in subsection (c) below shall apply to those weights which exceed the limits
established in subsection (c), below.
(c) Any person who violates the overloading provisions of this section shall be
conclusively presumed to have damaged the streets, roadways or highways
located within the City by reason of such overloading, which damage is fixed as
follows:
(1) When the excess weight is 200 pounds or less than the maximum
provided, the penalty shall be $10.00.
(2) Five cents per pound for each pound of weight in excess of the maximum
provided when the excess weight exceeds 200 pounds. However, whenever the
gross weight of the vehicle or combination of vehicles does not exceed the
maximum allowable gross weight, the maximum fine for the first 600 pounds of
unlawful axle weight shall be $10.00.
(3) An apportioned motor vehicle, as defined in Florida Statutes Section
320.01, operating on the streets, roadways or highways of the City without being
properly licensed and registered shall be subject to the penalties as provided in
this section.
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(4) Vehicles operating on the streets, roadways, or highways within the City
from nonmember International Registration Plan jurisdictions which are not in
compliance with the provisions of Florida Statutes Section 316.605, shall be
subject to the penalties as provided in this section.
(d) (1) No commercial motor vehicle, as defined in Florida Statutes Section
316.003 (66), shall be operated over the streets, roadways, or highways in the City
unless it has been properly registered under the provisions of Florida Statutes
Section 207.004. Whenever any law enforcement officer identified in Florida
Statutes Section 207.023(1), or any traffic enforcement officer as defined in
Florida Statutes Section 316.640, upon inspecting the vehicle or combination of
vehicles, determines that the vehicle is in violation of Florida Statutes Section
207.004, a penalty in the amount of$50.00 shall be assessed, and the vehicle may
be detained until payment is collected by the law enforcement officer, which
payment is payable to the City.
(2) In addition to the penalty provided for in subsection (d)(1), above, the
vehicle may be detained until the owner or operator of the vehicle furnishes
evidence that the vehicle has been properly registered pursuant to Florida Statutes
Section 207.004. Any officer or agent of the Florida or federal Departments of
Transportation may issue a temporary fuel use permit and collect the appropriate
fee as provided for in Florida Statutes Section 207.004(4). Notwithstanding the
provisions of this section, all permit fees collected pursuant to this subsection
(d)(2) shall be transferred to the Florida Department of Highway Safety and
Motor Vehicles to be allocated pursuant to Florida Statutes Section 207.026.
(e) In addition to the right to prosecute violations in Broward County Court,
whenever any person violates any of the provisions of this Division and becomes
indebted to the City because of such violation in any amounts described above
and refuses to pay the penalty, such penalty shall become a lien upon the motor
vehicle, and the same may be foreclosed by the City in a court of competent
jurisdiction. It shall be presumed that the owner of the motor vehicle is liable for
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the sum. Any person, firm, or corporation claiming an interest in the motor
vehicle may, at any time after the lien of the City attaches to the motor vehicle,
obtain possession of the vehicle by filing a good and sufficient cash bond with the
law enforcement officer having possession of the vehicle, payable to the City in
twice the amount of the City's lien. It shall be presumed that the owner of the
motor vehicle is liable for the penalty imposed under this section. Upon the
posting of such bond with the law enforcement officer making the seizure, the
vehicle shall be released and the bond shall be forwarded to the City for
safekeeping. The lien of the City against the motor vehicle shall be foreclosed in
a court of competent jurisdiction. If it appears that the vehicle has been released
to the owner upon the owner's bond, the City shall take judgment of foreclosure
against the property itself, and judgment against the owner for the amount of the
lien, including the cost of proceedings. After the rendition of the decree, the City
may, at its option, proceed to sue the owner for the amount recovered or direct the
sale of the vehicle under foreclosure.
(f) Any law enforcement officer or agent collecting the penalties imposed under this
section shall give to the owner or driver of the vehicle a receipt for all penalties
collected. Such law enforcement officer shall cooperate with the owners or drivers
of motor vehicles so as not to unduly delay the use of the vehicle(s).
(g) Pursuant to the procedures in Florida Statutes Sections 316.3025 and 316.545,
penalties and fees are due and payable at the time the violation is issued and shall
be remitted to the law enforcement officer who assessed the penalty. Payment
shall be made for the amount of the assessment in cash, money order, or cashier's
check, and shall be made payable to the City. Payment may also be made by
credit card or debit card.
(h) Any person aggrieved by the imposition of a civil penalty pursuant to this section
may apply to the City's Special Magistrate for a modification, cancellation or
revocation of the penalty and the Special Magistrate is authorized to modify,
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cancel, revoke or sustain such penalty. All such requests shall be made within
thirty (30) days of the date the penalty was imposed, and must be received by the
Special Magistrate Clerk within the thirty (30) day time period.
(i) Penalties and fines collected will be delivered to the City, and shall be placed in a
separate general ledger account. This account shall be created solely for the
collection of penalties and fees resulting from violations of provisions of this
Division.
Sec. 25-33. Special permits.
An oversize or overweight vehicle or load on it may not enter onto or be operated on a
public road in the City unless the owner or operator of such vehicle has first obtained a
special permit pursuant to Florida Statutes Section 316.550. Any owner or operator
holding such special permit shall be exempt from the limitations established in Section
25-31, but must abide by the limitations as described in the special permit.
Sec. 25-34. Out-of-service vehicles and drivers, penalties.
No commercial motor vehicle, as defined in Florida Statutes Section 316.003 (66), shall
be operated over the streets, roadways or highways within the City in such an unsafe
condition as to be declared out-of-service, or operated by a driver if declared out-of-
service or removed from driving status, or in violation of any of the provisions of Section
316.3025 (1) and Section 316.3025 (2) of the Florida Statutes. Any person who owns,
operates or permits any violation of Florida Statutes Sections 316.3025 (1) or 316.3025
(2), shall be in violation of this section, and shall be subject to the imposition of civil
penalties in the amounts as set forth in Florida Statutes Section 316.3025.
Sec. 25-35. Weight, load, limits lowered.
The City may prescribe, by notice as provided below, loads and weights lower than the
limits prescribed in this Division and other laws, whenever in its judgment any roadway
or part of a roadway or any bridge or culvert shall, by reason of its design, deterioration,
rain, or other climatic or natural causes is liable to be damaged or destroyed by motor
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vehicles, trailers, or semi-trailers, if the gross weight shall exceed the limits prescribed in
the notice. The City may, by like notice, regulate or prohibit, in whole or in part, the
operation of any specified class or size of motor vehicles, trailers, or semi-trailers on any
streets, roadways or highways or specified parts of them under its jurisdiction, whenever
in its judgment such regulation or prohibition is necessary to provide for the public safety
and convenience on the streets, roadways or highways, or parts of them, by reason of
traffic density, intensive use of them by the traveling public, or other reasons of public
safety and convenience. The notice or substance of it shall be posted at conspicuous
places at terminals of all intermediate crossroads and road junctions with identification of
the section(s) of street, roadway or highway to which the notice shall apply. After any
such notice has been posted, the operation of any motor vehicle or combination contrary
to its provisions shall constitute a violation of this section.
Sec. 25-36. Damage to streets, roadways, highways, liability of driver and owner.
Any person driving or moving any vehicle or combination of vehicles, object, or
contrivance upon any street, roadway, highway or highway structure in the City shall be
liable for all damages which the highway or structure may sustain as a result of any
illegal operation, driving, or moving of such vehicle or combination of vehicles, object,
or contrivance, whether or not such damage is a result of operating, driving, or moving
any vehicle or combination of vehicles, object, or contrivance weighing in excess of the
maximum weights or exceeding the maximum size as provided in this Division but
authorized by special permit issued pursuant to Florida Statutes Section 316.550.
Whenever the driver is not the owner of the vehicle or combination of vehicles, object, or
contrivance but is so operating, driving, or moving the same with the express or implied
permission of the owner, then the owner and driver shall be jointly and severally liable
for any such damage. Such damage may be recovered in any civil action brought by the
authority in control of the street, roadway, highway or highway structure.
Section 4. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
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Section 5. That all ordinances or part of ordinances or all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 6. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on June 14, 2016.
PASSED AND ADOPTED on second reading on June 28, 2016.
ATTEST:
LOUISE STILSON, CMC CO A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED AS O RM AND CORRECTNESS:
THOMA4 J. AN R
CITY ATTORNEY
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