ARTICLE V. VEHICLE SIZE RESTRICTIONS
114-166 Applicability of article.
This article shall be operative upon all public streets and alleys within the City.
(Code 1985, § 26-207; Ord. No. 2339, § 2, 8-25-16)
114-167 Vehicle and load; size restrictions.
(a) No vehicle shall exceed a total outside width, including load thereon, of 96 inches.
(b) No vehicle laden or unladen shall exceed a height of 13 feet six inches.
(c) No vehicle shall exceed a length of 40 feet. No combination of vehicles coupled together shall exceed a total length of 60 feet.
(d) No operator shall use on a vehicle any appliance extending beyond the minimum width of the vehicle proper.
(e) No vehicle shall carry thereon any load projecting more than three feet beyond the front nor more than 13 feet to the rear of the bed or body of the vehicle.
(f) Any person after obtaining a permit from the engineering department desiring to move any vehicle of greater size than that permitted by this section shall make application to the chief of police, who may lay out a route and specify the time of day of travel.
(g) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping from the vehicle.
(Code 1985, § 26-58; Ord. No. 2339, § 2, 8-25-16)
114-168 Maximum loads.
(a) No person shall operate any vehicle, trailer, or semitrailer or any combination thereof, when the wheel and axle load of any such vehicle or unit of a combination of vehicles, with or without a load, exceeds the schedule of weights allowed by the laws of the State, as set forth in MCL 257.722 of the Michigan Vehicle Code, as amended.
(b) In the event that any vehicle, trailer, or semitrailer or any combination thereof, when the wheel and axle load of any such vehicle or unit of a combination of vehicles, with or without a load, does not exceed the schedule of weights allowed by the laws of the State, as set forth in MCL 257.722 of the Michigan Vehicle Code, but does exceed any gross vehicle weight restrictions as set forth in any resolution by Council under State law, then the owner or operator of such a vehicle shall be responsible for a civil infraction violation, punishable by fines and costs as follows: $0.03 per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; $0.06 per pound of excess load when the excess is over 2,000 pounds but not over 3,000 pounds; $0.09 per pound for each pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; $0.12 per pound for each pound of excess load when the excess is over 4,000 pounds but not over 5,000 pounds; $0.15 per pound for each pound of excess load when the excess is over 5,000 pounds but not over 10,000 pounds; and $0.20 per pound for each pound of excess load when the excess is over 10,000 pounds. If the court determines that the motor vehicle or the combination of vehicles would be lawful by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that one or more axles of the vehicle exceeded the maximum allowable axle weight by more than 1,000 pounds but less than 4,000 pounds, the court may impose a misload fine of $200.00 per axle.
(Code 1985, § 26-208; Ord. No. 2339, § 2, 8-25-16)
114-169 Width, height and length.
No person shall operate any vehicle, trailer or semitrailer, or combination thereof, when the maximum width, height and length of such vehicle, or combination thereof, or unit of a combination of vehicles, and of the load thereon or therein shall exceed the limits fixed by the provisions of sections 717 and 719 of the Michigan Vehicle Code as amended, unless a special permit be issued as provided in section 725 of the State Vehicle Code.
(Code 1985, § 26-209; Ord. No. 2339, § 2, 8-25-16)
114-170 Director of Public Works and Services and/or law enforcement officer(s) to enforce.
(a) The Director of Public Works and Services and/or law enforcement official(s) shall be charged with the enforcement of this article and regulations properly adopted by him hereunder.
(b) For purposes of enforcement of this article, specified agents and/or employees of the Department of Public Works and Services and/or law enforcement official(s) shall have the power to issue appearance tickets as authorized by law in accordance with City Resolution No. 643. It shall be their duty to enforce provisions of this article within the corporate limits of the City.
(c) When engaged in the enforcement of this article, the Director of Public Works and Services and his agents and employees and/or law enforcement official(s) and his agents or designees shall bear some outward, visible insignia of their office, which shall be readily discernible to all persons with whom they might come in contact.
(Code 1985, § 26-210; Ord. No. 2339, § 2, 8-25-16)
114-171 Weighing stations.
The Director of Public Works and Services of the City and/or law enforcement official(s) shall be authorized to establish weighing stations, which stations may be located at such places as may, from time to time, be designated by the Director of Public Works and Services and/or law enforcement official(s) and which, when so designated, are declared to be public weighing stations for the City.
(Code 1985, § 26-211; Ord. No. 2339, § 2, 8-25-16)
114-172 Authority to stop vehicles.
(a) The Director of Public Works and Services, and his agent and employees, when engaged in the enforcement of this article, or any law enforcement officer of the City, may at any time require a vehicle to stop and to be weighed and measured for purpose of permitting the officer to ascertain whether the vehicle or part thereof is in conformity with the provisions of this article and the State’s Motor Vehicle Traffic Code.
(b) A driver or owner of a commercial vehicle with other vehicles or trailers in combination, a truck or truck tractor, a truck or truck tractor with other vehicles in combination, or any special mobile equipment who fails to stop at or bypasses any scales or weighing station is guilty of a misdemeanor.
(Code 1985, § 26-212; Ord. No. 2339, § 2, 8-25-16)
114-173 Unloading excess—Storage on public highways.
(a) Whenever the officer or agent, upon weighing a vehicle and load, determines that the weight is unlawful, the officer or agent may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is shifted or removed as may be necessary to reduce the gross axle load weight of such vehicle to the limit permitted. Any material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator.
(b) If it shall be necessary to store the materials within any portion of a public highway, the materials shall be stored for not to exceed eight hours, and shall within such period be completely removed from such location by the owner or operator. In the event the materials are not so removed, they shall be removed at the expense of the City, and any charges of such removal shall be paid by the owner or operator of such vehicle or the owner of such materials. The City shall have a lien upon such materials in its possession until the removal charges are fully paid.
(Code 1985, § 26-213; Ord. No. 2339, § 2, 8-25-16)
114-174 Temporary special permits to exceed restrictions.
The Director of Public Works and Services is authorized to temporarily permit the maximum limits set forth in this article to be exceeded. Such exceeding of weight shall be authorized only in cases when the condition of the streets over which such loads are to be carried is such that the streets will not be damaged thereby.
(Code 1985, § 26-214; Ord. No. 2339, § 2, 8-25-16)
114-175 Special restrictions.
(a) The Director of Public Works and Services is authorized, at such times, and under such conditions, to impose for any such street more restrictive limits as to weight or load of vehicles than are specified under provisions of the State law. If the Director of Public Works and Services shall reduce load limits on any such street, his order shall be effective only when he shall post at both ends of the street, and at all intersection entrances thereto, suitable signs of such type and size as will adequately advise all persons using the street of the existence of load limits thereon, pursuant to the Michigan Uniform System of Traffic-Control Devices Manual. When any street shall be so posted, no person shall drive or operate any vehicle thereon which shall exceed the size, weight and load limits so established. If the orders of the Director of Public Works and Services imposing load limits thereon are to be in effect for more than 15 days, the load limits shall be approved by resolution of the City Council.
(b) The Director of Public Works and Services and/or law enforcement official(s) is authorized to prohibit trucks from driving on local streets; provided, that such vehicles may be operated upon or within local streets for the shortest possible distance when necessary to serve any property located within or upon or contiguous to the above streets or where it is necessary to cross any of the streets. Appropriate signs banning truck traffic shall be erected on these streets so as to advise all persons using them of the existence of the truck ban.
(Code 1985, § 26-215; Ord. No. 2339, § 2, 8-25-16)
114-176 Exemptions.
This article shall not apply to fire apparatus or vehicles operated by the Department of Public Works and Services or to a vehicle operated under the terms of a special permit issued under section 114-174.
(Code 1985, § 26-216; Ord. No. 2339, § 2, 8-25-16)
114-177 Penalties.
In addition to what is stated in sections 114-167, 114-168 and 114-169, each and every violation classified as a criminal violation by the corresponding State or Federal law shall likewise be classified as a criminal misdemeanor in this chapter, punishable upon conviction by a fine not to exceed $500.00 and/or 90 days. Each and every violation classified as a civil infraction by the corresponding State or Federal law shall likewise be classified as a civil infraction in this chapter, punishable upon a finding of responsibility by a fine not to exceed $500.00; provided, however, that fines for vehicles violating the maximum loading requirements shall not be subject to the foregoing $500.00 maximum limitation, but shall be determined according to the formula set in either section 114-168 or MCL 257.724, as incorporated herein.
(Code 1985, § 26-217; Ord. No. 2058, § 1, 6-26-97; Ord. No. 2339, § 2, 8-25-16)