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AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO ADD SECTION 66-267 ADOPTING WEIGHT AND SIZE REQUIREMENTS FOR LARGE TRUCKS AND DETERMINING TRUCK ROUTES IN THE CITY OF JONESBORO AND REPEALING SECTION 66-301
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WHEREAS, the City Council of the City of Jonesboro, Arkansas, desires to ensure that the roadways in the City of Jonesboro are safe and in good repair;
WHEREAS, overloaded trucks have caused damages to the City’s streets which are extremely expensive to repair;
WHEREAS, Section 66-301 Truck Routes; designated needs to be repealed and language added elsewhere within the Jonesboro Code of Ordinances to better describe appropriate truck routes within the city limits; and
WHEREAS, the City of Jonesboro is presently without an effective means to regulate overloaded trucks or to charge owners and operators of said overweight trucks for damage to roads or structures within the road rights-of-way caused by overweight trucks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
SECTION 1: The following language is added to the Jonesboro Code of Ordinances as Section 66-267 TRUCKS AND TRUCK ROUTES:
(a) There are hereby established in the city the following “truck routes” to be used by trucks travelling in or through the city. All trucks shall use these routes to and from the closest point of their destination. Proper signage shall be erected for the truck routes in the city, which are:
(1) All United States Government and Arkansas State Highway Department numbered highways;
(b) The Traffic Control Review Committee is authorized to determine and recommend to the City Council other streets, parts of streets, or specific lanes as truck routes.
(c) “Truck” means any vehicle designed or operated for the transportation of property, the body weight or combined body and load weight of which exceeds 6,000 pounds, except government-owned vehicles.
(d) Any truck travelling on the city streets shall have posted in that vehicle the weight capacity as allowed by the State of Arkansas for that vehicle, at all times.
(e) Any truck found to be in violation of the weight limits prescribed in their state permit, shall be in violation of this ordinance and shall be subject to the penalties and guidelines found in ACA 27-35-201, 27-35-202, and 27-35-203 as if those penalties and guidelines were set out in this ordinance word for word.
(f) Any penalties assessed pursuant to this ordinance shall be paid to the City of Jonesboro.
(g) Any person driving any truck upon any city street shall be liable for all damage which the street or structures within the street right-of-way may sustain as a result of any careless, negligent, or illegal operations, driving, or moving of that truck of excessive weight, even where a special permit is issued permitting the weight of the load. Whenever the driver is not the owner of the truck, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage.
SECTION 2: Section 66-301 Truck Routes; designated of the Jonesboro Code of Ordinances is hereby repealed.