COUNTY ORDINANCE NO. 12-15-10-01

ORDINANCE IMPOSING WEIGHT RESTRICTIONS OF MOTOR VEHICLES TO BE OPERATED WITHIN THE CORDRY-SWEETWATER CONSERVANCY DISTRICT AND IMPOSING PENALTIES FOR VIOLATION THEREOF

WHEREAS, the Board of Commissioners of Brown County, Indiana, has the authority, pursuant to I.C. 9-20-1-3, to impose restrictions on the weight of motor vehicles to be operated upon roads, streets and highways within the boundaries of the Cordry-Sweetwater Conservancy District, Brown County, Indiana; and, WHEREAS, the Board of Directors of the Cordry-Sweetwater Conservancy District has appeared before the Board of Commissioners of Brown County, Indiana, and has requested that the Board of Commissioners impose weight restrictions on the weight of motor vehicles to be operated upon the roads, streets and highways within the boundaries of the Cordry-Sweetwater Conservancy District beginning upon the effective date of this Ordinance and ending on March 15, 2011, and thereafter, beginning on December 15th and ending on March 15th, restricting the use of said roads, streets and highways to motor vehicles weighing less than 20,000 pounds gross vehicle weight (GVW); and, WHEREAS, the roads, streets and highways to which this Ordinance applies are identified upon a map of the Cordry-Sweetwater Conservancy District attached as EXHIBIT "A" to this Ordinance and are identified by name on EXHIBIT "B" attached to this Ordinance; and, WHEREAS, the Cordry-Sweetwater Conservancy District has presented to the Board of Commissioners of Brown County, Indiana, evidence that operation of motor vehicles in excess of 20,000 pounds GVW upon the roads, streets and highways within the boundaries of the Cordry-Sweetwater Conservancy District during the period of December 15th to March 15th will cause serious damage or destruction to said roads, streets and highways due to deterioration of said roads, streets and highways, rain, snow and other climatic conditions; and, WHEREAS, the Cordry-Sweetwater Conservancy District has further requested that if this Ordinance is adopted, that certain motor vehicles be exempt from this Ordinance, said motor vehicles being school buses and any bus not more than forty-five (45) feet in length, motor vehicles delivering heating fuel in solid, liquid or gaseous form to locations within the Cordy-Sweetwater Conservancy District, emergency and utility repair motor vehicles, including, but not limited to, septic cleaning and repair motor vehicles, vehicles owned by any governmental entity and operated in order to accomplish a governmental purpose or function, privately owned motor homes as defined by I.C. 6-6-5-1, commercial trash hauling or trash removal vehicles providing services to locations within the Cordry-Sweetwater Conservancy District, and vehicles delivering materials and/or supplies to the Cordry-Sweetwater Conservancy District; and, WHEREAS, the Board of Commissioners of Brown County, Indiana, after conducting a public hearing upon this proposed ordinance and receiving testimony, finds and determines that it would be conductive to the public health, safety and welfare and in the best interests of the residents of Brown County and the Cordry-Sweetwater Conservancy District to impose weight restrictions upon the roads, streets and highways located within the Cordy-Sweetwater Conservancy District as requested by the Cordry-Sweetwater Conservancy District, and to allow exemptions from said Ordinance as requested by the Cordry-Sweetwater Conservancy District., NOW THEREFORE BE IT ORDAINED BY THE Board of Commissioners of Brown County, Indiana, that:  1. No person may operate a motor vehicle with a gross vehicle weight in excess of 20,000 pounds upon the roads, streets or highways identified on EXHIBITS "A" and "B" attached to this Ordinance from December 15th to March 15th of each year.  2. This Ordinance shall not apply to school buses and any bus not more than forty-five (45) feet in length, motor vehicles delivering heating fuel in solid, liquid or gaseous form to locations within the Cordry-Sweetwater Conservancy District, emergency and utility repair motor vehicles, including, but not limited to, septic cleaning and repair motor vehicles, vehicles owned by any governmental entity and operated in order to accomplish a governmental purpose or function, privately owned motor homes as defined by I.C. 6-6-5-1, commercial trash hauling or trash removal vehicles providing services to locations within the Cordry-Sweetwater Conservancy District, and vehicles delivering materials and/or supplies to the Cordry-Sweetwater Conservancy District.  3. Any person violating this Ordinance shall be fined in the amount of $100.00, together with court costs. Any person violating this Ordinance for a second or subsequent time shall be fined in the amount of $500.00, together with court costs.  4. This Ordinance shall be in full force and effect upon passage and advertisement as requested by law. SO ORDAINED THIS 15th DAY OF DECEMBER, 2010.

BOARD OF COMMISSIONERS

BROWN COUNTY, INDIANA

James William Austin, President

Mary Fouch

Darrell Kent

ATTEST:

Mari H. Miller, AUDITOR

BROWN COUNTY, INDIANA

January 12, 19, 26, 2011  11-008