Memorandum

City of Lawrence

TO:	Mayor and City Commissioners
FROM:	David L. Corliss,  Interim City Manager
CC:	Debbie Van Saun, Assistant City Manager Scott Miller, Staff Attorney Chuck Soules, Director of Public Works Ron Olin, Chief of Police
Date:	May 11, 2006
RE:	Over Weight Vehicle Ordinance

Attached is a memorandum and draft ordinance that Scott Miller has prepared.  The ordinance establishes weight limitations and certain truck safety requirements.  The ordinance parallels State law requirements and is no more stringent than State law.

The Police Department and Public Works Department staff recommends adoption of this ordinance.  Staff believes that an important element of our pavement management system is ensuring that our street system is not unnecessarily damaged by over-weight vehicles.  As the attached report and graphics illustrate over-weight vehicles can place a significant burden on the integrity of our pavement – that is why State law prohibits over-weight vehicles.  The legal authority for our Police Department to enforce this ordinance will ensure better local enforcement on our local streets, and that the significant investment that we make in our local streets is better protected.

Also attached is a draft ordinance that allows for municipal court prosecution for the violation of Federal Motor Carrier Safety Regulations.  The Police Department currently performs commercial vehicle inspections under these regulations.  This ordinance will allow for more efficient, but not more stringent, enforcement of these regulations.