ORDINANCE NO. 7990
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REGULATING THE SIZES, WEIGHTS AND LOADS OF VEHICLES AND REQUIRED LICENSING THEREOF.
Whereas, the governing body of the City of Lawrence, Kansas is entrusted with the responsibility to establish reasonable laws, policies and regulations to further the general public health, safety, welfare, and economic vitality of the community; and
Whereas, overweight vehicles can cause significant unwarranted damage to the streets of the City; and
Whereas, regulating the sizes and loads of vehicles helps ensure the safety of all the users of the Citys roadways.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Article 9 of Chapter XVII of the Code of Ordinances of the Code of Ordinances of the City of Lawrence Kansas, 2003 Edition, is hereby enacted to read as follows:
17-901 Definitions
The words and phrases used in this article shall have meanings identical to those ascribed to those words and phrases by Section 1 of the Standard Traffic Ordinance as incorporated by Section 17-101 of the City Code, and amendments thereto.
17-902 Violation of size and weight laws;
exceptions.
(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, or to otherwise fail to comply with this
article.
(b) Any person violating any of the provisions of this article,
except for the provisions of Sections 17-907 of this article, and
amendments thereto, and 17-908 of this article, and amendments thereto,
shall be fined in an amount not to exceed $500.
(c) Any person convicted of violating any of the provisions of
Sections 17-907 of this article, and amendments thereto, and 17-908 of
this article, and amendments thereto, shall be fined pursuant to the
following schedule:
|
Pounds Overweight |
|
|
up to 1000 |
$ 25 |
|
1001 to 2000 |
$0.03 per pound overweight |
|
2001 to 5000 |
$0.05 per pound overweight |
|
5001 to 7500 |
$0.07 per pound overweight |
|
7501 or more |
$0.10 per pound overweight |
For a second violation of Section 17-907 or 17-908 of this article, and amendments thereto, within two years after a prior conviction, such person, upon conviction shall be fined 1 1/2 times the above scheduled amount. For a third violation of Section 17-907 or 17-908 of this article, and amendments thereto, within two years, such person, shall be fined two times the above scheduled amount. For a fourth or succeeding violation of Section 17-907 or 17-908 of this article, and amendments thereto, within two years, such person shall be fined 2 1/2 times the above scheduled amount.
(d) Except as otherwise specified in this article, the provisions of this article shall not apply to fire apparatus, road machinery, farm tractors or to implements of husbandry temporarily moved upon a highway, or to a vehicle operated under the terms of a currently valid special permit issued in accordance with K.S.A. 8-1911 and amendments thereto.
(e) Except on highways designated as part of the national system of interstate defense highways, the gross weight limitation prescribed by this article on any axle or tandem, triple or quad axles shall not apply to: (1) Trucks specifically designed and equipped and used exclusively for garbage, refuse or solid waste disposal operations when loaded with garbage, refuse or waste; or (2) trucks mounted with a fertilizer spreader used or manufactured principally to spread animal dung, except that this paragraph (2) shall not apply to truck tractors so equipped. Except that such trucks under this subsection shall not exceed the maximum gross weight limitations contained in the table in Section 17-908 of this article, and amendments thereto.
(f) As used in this section, "conviction" 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.
17-903 Widths and loads of vehicles
(a) The total outside width of any vehicle or the load thereon shall not exceed
8 1/2 feet, except as otherwise provided in this section.
(b) A farm tractor or a fertilizer dispensing machine shall not be
permitted to travel on any highway which is a part of the national system of
interstate and defense highways. Whenever a farm tractor or implement of
husbandry, and any load on any such vehicle, exceeds the width limitations
prescribed by this section to the extent that the width of such vehicle,
including any load thereon, exceeds the width of that portion of a roadway on
which such vehicle is driven, which is marked as a single lane of traffic, or,
if such roadway has not been marked for lanes of traffic, the width of such
vehicle exceeds more than 1/2 the width of such roadway, the driver shall move
such vehicle as soon as possible as far to the right side of the highway as is
practicable and safe upon the approach of any oncoming or following vehicle and
upon approaching the crest of a hill.
(c) Safety and other devices designated by the Kansas Secretary of
Transportation may lawfully extend out on either side of the vehicle.
(d) (1) A vehicle may be loaded with bales of hay which
shall not exceed 12 feet in width and a height as authorized by Section 17-905
of this Article, and amendments thereto, but vehicles so loaded shall
not be moved on any highway designated as a part of the national network of
highways, except as permitted under subsection (j) of K.S.A. 8-1911, and
amendments thereto, or under paragraph (2) of this subsection.
(2) A farm vehicle may be loaded with bales of
hay which shall not exceed 12 feet in width and a height as authorized by Section
17-905 of this article, and amendments thereto, but vehicles so loaded shall
not be moved on any highway designated as a part of the national system of
interstate and defense highways, except as permitted under subsection (j) of
Section K.S.A. 8-1911, and amendments thereto. As used in this paragraph
"farm vehicle" means a truck or truck tractor registered under K.S.A.
8-143, and amendments thereto, as a farm truck or truck tractor. Such farm
truck or truck tractor may be used in combination with any type of trailer or
semitrailer.
(3) Any such vehicles under paragraphs (1) or (2) so loaded shall
not be moved during the period beginning 30 minutes after sunset and ending 30
minutes before sunrise. Any vehicle loaded with bales of hay as authorized by
the exception in this subsection, with the load extending beyond 8 1/2 feet,
shall have attached thereto a sign which states "OVERSIZE LOAD" and
the dimensions of the sign shall be a minimum of seven feet long and 18 inches
high. Letters shall be a minimum of 10 inches high with a brush stroke of not
less than 1 2/5 inches. The sign shall be readily visible from a distance of
500 feet and shall be removed when the vehicle or load does not exceed the
legal width. Each vehicle shall be equipped with red flags on all four corners
of the oversized load.
(e) A motor home or travel trailer may exceed 102 inches, if such
excess width is attributable to an appurtenance that extends no more than six
inches beyond the body of the vehicle, except that in no case shall such motor
home or travel trailer exceed a total width of 108 inches.
For the purposes of this subsection the term "appurtenance" shall
include:
(1) An awning and its support hardware; and
(2) any appendage that is intended to be an integral part of a motor
home or travel trailer coach and that is installed by the manufacturer or
dealer.
The term "appurtenance" shall not include any item that is
temporarily affixed or attached to the exterior of a motor home or travel
trailer by the owner of such motor home or travel trailer for the purposes of
transporting from one location to another.
17-904 Loads on passenger vehicles extending
to either side.
No passenger-type vehicle shall be operated on any highway with any load
carried thereon extending beyond the left side of such vehicle nor extending
more than six (6) inches beyond the right side thereof.
17-905 Height and length of vehicles and loads; exceptions to maximums.
(a) No vehicle including any load thereon shall exceed a
height of 14 feet, except that a vehicle transporting cylindrically shaped
bales of hay as authorized by subsection (e) of Section 17-903 of this article,
and amendments thereto, may be loaded with such bales secured to a height not
exceeding 14 1/2 feet. Should a vehicle so loaded with bales strike any
overpass or other obstacle, the operator of the vehicle shall be liable for all
resulting damages.
(b) No motor vehicle including the load thereon shall exceed a
length of 45 feet extreme overall dimension, excluding the front and rear
bumpers, except as provided in subsection (d).
(c) Except as otherwise provided in K.S.A. 8-1914 and 8-1915, and
amendments thereto, and subsections (d), (e), (f), (g), and (h), no combination
of vehicles coupled together shall exceed a total length of 65 feet.
(d) The length limitations in subsection (b) shall not apply to a
truck tractor. No semitrailer that is being operated in combination with a
truck tractor shall exceed 59 1/2 feet in length. No semitrailer or trailer
which is being operated in a combination consisting of a truck tractor,
semitrailer and trailer shall exceed 28 1/2 feet in length.
(e) The limitations in this section governing maximum length of a
semitrailer or trailer shall not apply to vehicles operating in the daytime
when transporting poles, pipe, machinery or other objects of a structural
nature which cannot readily be dismembered, except that it shall be unlawful to
operate any such vehicle or combination of vehicles which exceeds a total
length of 85 feet unless a special permit for such operation has been issued by
the Kansas Secretary of Transportation or by an agent or designee of the
secretary pursuant to K.S.A. 8-1911, and amendments thereto. The limitations
in this section shall not apply to vehicles transporting such objects operated
at nighttime by a public utility when required for emergency repair of public
service facilities or properties or when operated under special permit as
provided in K.S.A. 8-1911, and amendments thereto, but in respect to such night
transportation every such vehicle and the load thereon shall be equipped with a
sufficient number of clearance lamps on both sides and marker lamps upon the
extreme ends of any projecting load to clearly mark the dimensions of such
load.
(f) The limitations of this section governing the maximum length of
combinations of vehicles shall not apply to a combination of vehicles
consisting of a truck tractor towing a house trailer, if such combination of
vehicles does not exceed an overall length of 97 feet.
(g) The length limitations of this section shall not apply to
stinger-steered automobile or boat transporters or one truck and one trailer
vehicle combination, loaded or unloaded, used in transporting a combine to be
engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A.
8-143j, and amendments thereto. A stinger-steered automobile or boat
transporter or one truck and one trailer vehicle combination, loaded or
unloaded, used in transporting a combine to be engaged in farm custom
harvesting operations, as defined in subsection (d) of K.S.A. 8-143j, and
amendments thereto, shall not exceed an overall length limit of 75 feet,
exclusive of front and rear overhang.
(h) The length limitations of this section shall not apply to drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combinations. A drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combination shall not exceed an extreme overall dimension of 97 feet.
17-906 Projecting loads to the front and
rear.
(a) The load upon any vehicle operated alone, or the load upon the front
vehicle of a combination of vehicles, shall not extend more than three (3) feet
beyond the front wheels of such vehicle or the front bumper of such vehicle if
it is equipped with a bumper.
(b) Any vehicle or combination of vehicles transporting passenger
vehicles or other motor vehicles may carry a load which extends no more than
three (3) feet beyond the front and four (4) feet beyond the rear of the
transporting vehicle or combination of vehicles.
17-907 Gross weight limits on wheels and axles.
(a) The gross weight upon any wheel of a vehicle shall not exceed 10,000
pounds.
(b) The gross weight upon any one axle, including any one axle of a
group of axles, of a vehicle shall not exceed 20,000 pounds.
(c) Any axle located within seven feet of any adjacent axle shall,
when the wheels of such axle are in contact with the road surface, carry its
proportionate part of the load permitted on such axles. An axle shall not be
used to determine the lawful axle weight under this section or the gross weight
under Section 17-908 of this article when the wheels of such axle are not in
contact with the road surface.
(d) As used in this section:
(1) "Gross weight on any one axle" means the total load on
all wheels whose centers are included within two parallel transverse vertical
planes not more than 40 inches apart.
(2) "Tandem axles" means 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.
(3) "Triple axles" means 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.
(4) "Quad axles" means 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.
(e) The gross weight on tandem axles shall not exceed 34,000 pounds.
17-908 Gross weight limits for vehicles;
exceptions; safety of certain vehicles for operation.
(a) No vehicle or combination of vehicles shall be moved or operated on any highway when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:
|
|
Maximum load in pounds carried on any group of 2 or more consecutive axles |
||||||
|
Distance in feet between the extremes of 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.
(1) The gross weight on any one axle of a vehicle shall not exceed
the limits prescribed in Section 17-907, and amendments thereto, of this
article.
(2) For vehicles and combinations of vehicles on the interstate
system the table in this section shall not authorize a maximum gross weight of
more than 80,000 pounds.
(3) The table in this section shall not apply to truck tractor and
dump semitrailer or truck trailer combination when such are used as a
combination unit exclusively for the transportation of sand, salt for highway
maintenance operations, gravel, slag stone, limestone, crushed stone, cinders,
coal, blacktop, dirt or fill material, when such vehicles are used for
transportation to a construction site, highway maintenance or construction
project or other storage facility, except that such vehicles or combination 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 in Section 17-907, and amendments thereto. As used in this subpart (3),
the term "dump semitrailer" means any semitrailer designed in such a
way as to divest itself of the load carried thereon.
(b) It shall be unlawful for any person to operate any vehicle or
combination of vehicles with a gross weight in excess of the limitations set
forth in this article, except as provided in K.S.A. 8-1911 of this article, and
amendments thereto.
(c) As used in this section, "interstate system" means the national system of interstate and defense highways.
17-909 Enforcement of vehicle weight laws;
officers may weigh vehicles; portable scales; required drive to stationary
scales; off-loading or load redistribution required, when.
(a) Any police officer 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 any scales suitable for this purpose
within five miles. When portable scales are used for weighing for the purpose
of this section, the location of such portable scales shall be not more than 10
miles from any stationary scales whose accuracy is certified in accordance with
law.
(b) Whenever a police officer, upon weighing a vehicle or
combination of vehicles, determines that the weight is unlawful, such officer
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 limit as
permitted under this article. 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.
(c) Any driver of a vehicle or combination of vehicles who fails or
refuses to stop and submit such vehicle or combination of vehicles to weighing
as provided in this section or who fails or refuses when directed by a police
officer to comply with the provisions of this section shall be guilty of a
misdemeanor.
17-910 Vehicle operation on national system of interstate and defense highways.
Nothing in this article shall authorize any gross weight of
a vehicle, combination of vehicles, or axle or axles of a vehicle on the
national system of interstate and defense highways greater than permitted by
laws of the United States Congress, except that this section shall not apply to
a truck tractor and dump semitrailer or truck trailer combination authorized
under the provisions of subsection (a)(3) of Section 17-908(a)(3), and
amendments thereto.
17-911 Unlawful acts related to vehicle registration
It shall be unlawful for any person to operate on the highways of the City of Lawrence:
(a) a vehicle or combination of vehicles whose weight with cargo is in excess of the gross weight for which the truck or truck tractor propelling the same is registered, except as provided by K.S.A. 8-143, and amendments thereto, and subsections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
(b) a farm truck or farm trailer other than to transport:
(a) Agricultural products produced by such owner; (b) commodities purchased by
the owner for use on the farm owned or rented by the owner of such vehicles;
(c) commodities for religious or educational institutions being transported by
the owner of such vehicles for charity and without compensation of any kind,
except as provided in subsection (c) of K.S.A. 66-1,109, and amendments
thereto; or (d) sand, gravel, slag stone, limestone, crushed stone, cinders,
black top, dirt or fill material to a township road maintenance or construction
site of the township in which the owner of such truck resides.
(c) a farm truck or truck tractor used in combination with a trailer or
semitrailer for a gross weight which does not include the empty weight of the
truck or truck tractor or of the combination of any truck or truck tractor and
any type of trailer or semitrailer, plus the maximum weight of cargo which will
be transported on or with the same; and such farm truck or farm truck tractor
used to transport a gross weight of more than 54,000 pounds shall have durably
lettered on the side of the motor vehicle the words "farm vehicle--not for
hire."
(d) any truck or truck tractor without the current quarter of license fees
being paid thereon.
(e) a truck or truck tractor without carrying in the cab a copy of the
registration receipt for such vehicle or without having painted or otherwise
durably marked on said vehicle on both sides thereof, the gross weight for
which said vehicle is licensed and the name and address of the owner thereof,
except as provided in K.S.A. 8-143e, and amendments thereto.
(f) a farm trailer carrying more than 6,000 pounds without being registered
and the registration fees paid thereon.
(g) a truck or truck tractor operated more than 6,000 miles in any calendar
year which has been registered and licensed to operate not more than 6,000
miles in such calendar year, as provided in subsection (2) of K.S.A. 8-143, and
amendments thereto, unless the additional fee required by said subsection (2)
has been paid.
(h) a vehicle or combination of vehicles on the national system of interstate
and defense highways with a gross weight greater than permitted by the laws of
the United States Congress.
17-912 No truck route exception created
The provisions of this article should not be construed to limit the application of or exempt any vehicle from the application of Sections 17-212 or 17-213 of the City Code, and amendments thereto, or from any other ordinance limiting the routes on which certain classes of vehicles may be operated.
17-913 City policy of compliance
Vehicles owned or operated by the City of Lawrence shall comply with the dictates of this article. Except in the case of emergency and notwithstanding any provision of this article to the contrary, no exception shall be granted from the general requirements of this article to a City vehicle unless such exception would apply to a similarly situated vehicle not owned or operated by the City. In no event, however, does this section repeal the exception for fire apparatus contained in Section 17-902(d) of this article.
Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 3. This ordinance shall be effective on and after passage and publication as provided by law.
ADOPTED BY THE GOVERNING BODY THIS ___ DAY OF ____________, 2006.
PASSED:
Mike Amyx, Mayor
ATTEST:
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
David L. Corliss, Interim City Manager
and Director of Legal Services