(a) It shall be unlawful for any person to drive or move or for the owner or lessee to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles of a size or weight exceeding the limitations stated in this article.
(b) Any person violating any of the provisions of this article shall, upon conviction, be fined in an amount to be exceed $500.
Gross Weight
of Vehicle or Combination
For each violation of any gross weight limitation of a vehicle or combination of vehicles, an amount equal to the amount determined by applying the following schedule for each pound in excess of the lawful limit:
|
Pounds
Overweight |
Rate of
Fine |
|
Up to 1,000 |
$25.00 |
|
1,001 to
2,000 |
$0.03, per
pound |
|
2,001 to
5,000 |
$0.05, per
pound |
|
5,001 to
7,500 |
$0.07, per
pound |
|
7,501 and
over |
$0.10, per
pound |
Gross Weight
on any Axle or Tandem, Triple or Quad Axles
For each violation of any gross weight limitation on any axle or tandem axles, an amount equal to the amount determined by applying the following schedule for each pound in excess of the lawful gross weight:
|
Pounds
Overweight |
Rate of
Fine |
|
Up to 1,000 |
$25.00 |
|
1,001 to
2,000 |
$0.03, per
pound |
|
2,001 to
5,000 |
$0.05, per
pound |
|
5,001 to
7,500 |
$0.07, per
pound |
|
7,501 and
over |
$0.10, per
pound |
For a second violation of this subsection within two years after a prior conviction of this subsection, such person upon conviction shall be fined 1½ times the applicable amount from one but not both of the above schedules. For a third violation of this subsection within two years after two prior convictions of this subsection, such person upon conviction shall be fined two times the applicable above amount from one but not both of the above schedules. For a fourth and each succeeding violation of the subsection with two years after three prior convictions of this subsection, such person upon conviction shall be fined 2½ times the applicable above amount from one but not both of the above schedules.
(d) It shall be unlawful for any person to cause or knowingly permit the owner or lessee of any vehicle or combination of vehicles to be loaded to a gross weight exceeding any limitation stated in this article, if at the time and place of such loading there is available a stationary scale, the accuracy of which is certified in accordance with law.
(e) Except as otherwise specifically provided in this article, the provisions of this article governing size, weight and load shall not apply to fire apparatus, road machinery, farm tractors or to implements of husbandry temporarily moved upon a highway.
(f) Except on highways designated as part of the national system of interstate defense highways, the gross weight limitations on any axle or tandem, triple or quad axles prescribed by this article shall not apply to trucks specifically designed and equipped and used exclusively for garbage, refuse or solid waste disposal operations when loaded with garbage, refuse or waste, such trucks under this subsection shall not exceed the maximum gross weight limitations contained in the table in section 14-509 as amended.
(g) As used in this section convictions means a final conviction without regard to whether sentence was suspended or probation granted after such conviction and a forfeiture of bail, bond or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.
(Ord. 155, Sec. 2)
(a) No persons shall operate any vehicle, or park the same, with said vehicle having registered gross weight classification in excess of “12M” or 12,000 pounds on any street within the City.
(b) As used in this Section, Registered Gross Weight is that weight for which a vehicle should be registered in the jurisdiction in which it is licensed.
(c) Recreational vehicles, buses and other vehicles used primarily for transportation of passengers are exempt from the prohibition of this section.
(d) All vehicles subject to this section are allowed to operate during normal business hours upon the streets of the City of Auburn and to park for the purposes of loading or unloading only, however, this period of loading and unloading cannot exceed a four (4) hour time period.
(e) These provisions will not apply to any vehicles used to transport or enable the operation of rides, amusements, or other elements that are used during the annual Auburn City Fair.
(f) Vehicles that exceed the weight limitations of this section may apply to the City Council for a Special Use Permit to allow the owner, driver or operator of the vehicle to exceed any provision of this section, upon application duly made and submitted to the Council and upon approval by a majority of the Council.
(g) All vehicles owned by the City and the Board of Public Utilities and all trash trucks with closed packer bodies are exempt from the prohibitions of this section.
(h) Posted load limit signs on street, bridges, culverts or other locations take precedence over any provisions of the section.
(i) No persons shall operate any truck with the registered gross weight in excess of 12,000 pounds without having painted on or otherwise durably marked on both sides of the vehicle, in plain letters no less than two inches high and not less than one-fourth inch stroke, the gross registered weight and the name and address of the owner. If the vehicle is exempt from the foregoing requirements under state law, it shall be exempt from the requirement of this subsection.
(j) Any violations of this section shall be subject to prosecution before the Municipal Court, and, upon a first offense, subject to a minimum fine of $100.00.
(Ord. 155, Sec. 3; Ord. 284; Code 2016)
(a) Gross Weight on Any One Axle - The total load on all wheels whose centers are included within two parallel transverse vertical planes not more than 40 inches apart.
(b) Quad Axles - Four or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 120 inches and not more than 150 inches apart.
(c) Tandem Axles -- Two or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced not less than 40 inches and not more than 96 inches apart.
(d) Triple Axles -- Three or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 96 inches and not more than 120 inches apart.
(Ord. 155, Sec. 4)
Any axle located within seven feet of any adjacent axle shall be a weight-bearing axles and shall at all times carry its proportionate part of the load permitted on such axles
(Ord. 155, Sec. 5)
The gross weight of any vehicle or combination of vehicles shall not exceed the lawful registered vehicle weight as established by the laws of the state.
(Ord. 155, Sec. 6)
(a) The gross weight upon any wheel of a vehicle shall not exceed 10,000 pounds.
(b) The gross weight on any tire on any wheel shall not exceed the federal department of transportation or manufacturer’s weight limitation rating stamped in the side wall of the tire.
(Ord. 155, Sec. 7)
(a) The gross weight upon any one axle, including one axle of a group of axles, of a vehicle shall not exceed 20,000 pounds.
(b) The gross weight on any one axle of a vehicle shall not exceed the limits prescribed by K.S.A. 8-1908, and amendments thereto.
(Ord. 155, Sec. 8)
The gross weight on any two axles in a tandem axle group shall not exceed 34,000 pounds.
(Ord. 155, Sec. 9)
No vehicle or combination of vehicles shall be moved or operated on any street or highway within the city when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:
|
Distance
(in feet) between the extremes of any group of 2 or more consecutive axles |
Max
load (in lbs.) carried on any group of 2 or more consecutive axles |
|||||||
|
2 Axles |
3 Axles |
4 Axles |
5 Axles |
6 Axles |
7 Axles |
8 Axles |
|
|
|
4 |
34,000 |
|
|
|
|
|
|
|
|
5 |
34,000 |
|
|
|
|
|
|
|
|
6 |
34,000 |
|
|
|
|
|
|
|
|
7 |
34,000 |
|
|
|
|
|
|
|
|
8 and less |
34,000 |
34,000 |
|
|
|
|
|
|
|
More than 8 |
38,000 |
42,000 |
|
|
|
|
|
|
|
9 |
39,000 |
42,500 |
|
|
|
|
|
|
|
10 |
40,000 |
43,500 |
|
|
|
|
|
|
|
11 |
|
44,000 |
|
|
|
|
|
|
|
12 |
|
45,000 |
50,000 |
|
|
|
|
|
|
13 |
|
45,500 |
50,500 |
|
|
|
|
|
|
14 |
|
46,500 |
51,500 |
|
|
|
|
|
|
15 |
|
47,000 |
52,000 |
|
|
|
|
|
|
16 |
|
48,000 |
52,500 |
58,000 |
|
|
|
|
|
17 |
|
48,500 |
53,500 |
58,500 |
|
|
|
|
|
18 |
|
49,500 |
54,000 |
59,000 |
|
|
|
|
|
19 |
|
50,000 |
54,500 |
60,000 |
|
|
|
|
|
20 |
|
51,000 |
55,500 |
60,500 |
66,000 |
|
|
|
|
21 |
|
51,500 |
56,000 |
61,000 |
66,500 |
|
|
|
|
22 |
|
52,500 |
56,500 |
61,500 |
67,000 |
|
|
|
|
23 |
|
53,000 |
57,500 |
62,500 |
68,000 |
|
|
|
|
24 |
|
54,000 |
58,000 |
63,000 |
68,500 |
74,000 |
|
|
|
25 |
|
54,500 |
58,500 |
63,500 |
69,000 |
74,500 |
|
|
|
26 |
|
55,500 |
59,500 |
64,000 |
69,500 |
75,000 |
|
|
|
27 |
|
56,000 |
60,000 |
65,000 |
70,000 |
75,500 |
|
|
|
28 |
|
57,000 |
60,500 |
65,500 |
71,000 |
76,500 |
82,000 |
|
|
29 |
|
57,500 |
61,500 |
66,000 |
71,500 |
77,000 |
82,500 |
|
|
30 |
|
58,500 |
62,000 |
66,500 |
72,000 |
77,500 |
83,000 |
|
|
31 |
|
59,000 |
62,500 |
67,500 |
72,500 |
78,000 |
83,500 |
|
|
32 |
|
60,000 |
63,500 |
68,000 |
73,000 |
78,500 |
84,500 |
|
|
33 |
|
|
64,000 |
68,500 |
74,000 |
79,000 |
85,000 |
|
|
34 |
|
|
64,500 |
69,000 |
74,500 |
80,000 |
85,500 |
|
|
35 |
|
|
65,500 |
70,000 |
75,000 |
80,500 |
|
|
|
36 |
|
|
66,000 |
70,500 |
75,500 |
81,000 |
|
|
|
37 |
|
|
66,500 |
71,000 |
76,000 |
81,500 |
|
|
|
38 |
|
|
67,500 |
72,000 |
77,000 |
82,000 |
|
|
|
39 |
|
|
68,000 |
72,500 |
77,500 |
82,500 |
|
|
|
40 |
|
|
68,500 |
73,000 |
78,000 |
83,500 |
|
|
|
41 |
|
|
69,500 |
73,500 |
78,500 |
84,000 |
|
|
|
42 |
|
|
70,000 |
74,000 |
79,000 |
84,500 |
|
|
|
43 |
|
|
70,500 |
75,000 |
80,000 |
85,000 |
|
|
|
44 |
|
|
71,500 |
75,500 |
80,500 |
85,500 |
|
|
|
45 |
|
|
72,000 |
76,000 |
81,000 |
|
|
|
|
46 |
|
|
72,500 |
76,500 |
81,500 |
|
|
|
|
47 |
|
|
73,500 |
77,500 |
82,000 |
|
|
|
|
48 |
|
|
74,000 |
78,000 |
83,000 |
|
|
|
|
49 |
|
|
74,500 |
78,500 |
83,500 |
|
|
|
|
50 |
|
|
75,500 |
79,000 |
84,000 |
|
|
|
|
51 |
|
|
76,000 |
80,000 |
84,500 |
|
|
|
|
52 |
|
|
76,500 |
80,500 |
85,000 |
|
|
|
|
53 |
|
|
77,500 |
81,000 |
85,500 |
|
|
|
|
54 |
|
|
78,000 |
81,500 |
|
|
|
|
|
55 |
|
|
78,500 |
82,500 |
|
|
|
|
|
56 |
|
|
79,500 |
83,000 |
|
|
|
|
|
57 |
|
|
80,000 |
83,500 |
|
|
|
|
|
58 |
|
|
|
84,000 |
|
|
|
|
|
59 |
|
|
|
85,000 |
|
|
|
|
|
60 |
|
|
|
85,500 |
|
|
|
|
Except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles is 36 feet or more.
(Ord. 155, Sec. 10)
The gross weight limitation prescribed on any axle or tandem triple or quad axles shall not apply to trucks specifically designed and equipped and used exclusively for garbage, refuse, or solid waste disposal operations when loaded with garbage, refuse or waste.
(Ord. 155, Sec. 11)
The table above shall not apply to truck-tractor and dump semi-trailer or truck-trailer combinations when such are used as a combination unit exclusively for the transportation of sand or sale for highway maintenance operations, gravel, slag stone, limestone, crushed stone, cinders, blacktop, dirt or fill material, when such vehicles are used for transportation to a highway or road construction site, or highway maintenance project or facility, except that such vehicles or combinations of vehicles shall not be exempted from any application of the table as may be required to determine applicable axle weights for triple and quad axles as defined above. As used in this section, the term dump semitrailers means any semi-trailer designed in such a way as to divest itself of the load carried thereon.
(Ord. 155, Sec. 12)
Any law enforcement officer of properly designated state department of revenue agent having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to the official city scales, located at Crane and North Harrison, within the city.
(Ord. 155, Sec. 13)
Whenever any law enforcement officer or properly designated state department of revenue agent or employee, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer, agent or employee may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limits as permitted herein. All material so unloaded shall be cared for by the owner, lessee or operator of such vehicle at the risk of such owner, lessee or operator.
(Ord. 155, Sec. 14)
Any driver of a vehicle or combination of vehicle who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing as provided herein, or who fails or refuses when directed by a law enforcement officer or state department of revenue agent or employee to comply with the provisions of this article, shall be guilty of a traffic offense.
(Ord. 155, Sec. 15)