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20030923 2003-20ORDINANCE NO. 2003- 20 AN ORDINANCE ENACTING DIVISION 1, ARTICLE III, CHAPTER 98 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO THE SIZE AND WEIGHT OF VEHICLES. BE IT ORDAINED, by the City Council of the City of Fairfax, that Division 1, Article III, Chapter 98 of the Code of the City of Fairfax, Virginia, is hereby amended to read in its entirety as follows: ARTICLE III. SIZE AND WEIGHT OF VEHICLE DIVISION 1. GENERALLY Sec. 98-101. Definitions. For the purposes of this article the following terms shall have the following meanings, unless the context clearly indicates otherwise: Department means the Virginia Department of Motor Vehicles. Single axle means an assembly of two or more wheels whose centers are in one transverse vertical plane or may be included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle. Tandem axle means any two or more consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are individually attached to and/or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles. Single axle weight means the total weight transmitted to the highway by all wheels whose centers may be included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle. Tandem axle weight means the total weight transmitted to the highway by two or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle. Group of axles means any two or more consecutive axles located under a vehicle or combination. Sec. 98-102. Weight of vehicles and loads. The maximum gross weight and axle weight to be permitted on the road surface of any highway shall be in accordance with the provisions of this article. Any notice by the Virginia Department of Transportation to truckers as to the provisions of this article shall include all limits as provided in this article. Overload permits issued by the Department pursuant to Virginia Code Section 46.2-1128 shall not be valid in the city. Sec. 98-103. Maximum single axle weight, generally; maximum weight per inch of tire width. The single axle weight of any vehicle or combination shall not exceed 20,000 pounds, nor shall it exceed 650 pounds per inch, width of tire, measured in contact with the surface of the highway. Sec. 98-104. Maximum tandem axle weight, generally. The tandem axle weight of any vehicle or combination shall not exceed 34,000 pounds, and no one axle of such tandem unit shall exceed the weight permitted for a single axle. Furthermore, the weight imposed on the highway by two or more consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed 34,000 pounds and no one axle of such unit shall exceed the weight permitted for a single axle. Sec. 98-105. Maximum gross weight, generally. The gross weight imposed on the highway by a vehicle or combination shall not exceed the maximum weight given for the respective distance between the first and last axle of the vehicle or combination, nor shall any two or more consecutive axles exceed the maximum weight given, when measured longitudinally with any fraction of a foot rounded to the next highest as set forth in the following table: Distance in feet between the extremes of any group of two or more consecu- tive axles 2 axles 4 34,000 5 34,000 6 34,000 7 34,000 8 34,000 9 39,000 10 40,000 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 OR 3 axles 34,000 42,500 43,500 44,000 45 000 45 000 46 500 47 000 48 000 48 500 49 500 50 000 51 000 51 500 52 500 53 000 54 000 54 500 55 500 56 000 57 000 57 500 58 500 59 000 60 000 axles 50 000 50 500 51 500 52 000 52 500 53 500 54 000 54 500 55 500 56 000 56 500 57 500 58 000 58 500 59 500 60 000 60 500 61 500 62 000 62 500 63 500 64 000 64 500 65 500 66 000 66 500 67 500 68 000 68 500 69 500 70 000 70 500 71 500 72 000 Maximum weight in pounds on any group of axles 5 axles 6 axles 7 axles 58 00 58 500 59 000 60 000 60 500 66,000 61 000 66,500 61 500 67 000 62,500 68 000 63 000 68 500 63 500 69 000 64 000 69 500 65 000 70 000 65 500 71 000 66 000 71 500 66,500 72 000 67,500 72 500 68,000 73 000 68,500 74 000 69,000 74 500 70 000 75 000 70 500 75 5O0 71 000 76 000 72 000 77,000 72 500 77,500 73 000 78,000 73 500 78,500 74 000 79,000 75 000 80,000 75 500 76 000 74,0 0 74,5 0 75,0 0 75,500 76,500 77,000 77,500 78,000 78,500 79,000 80,000 Sec. 98-106. Reserved. Sec. 98-107. Penalty for violation of weight limits; record of conviction, etc., forwarded to Department. Any person violating any weight limit as provided in this article or any permit issued by the city manager pursuant to Section 98-116 shall be subject to a civil penalty of twenty-five dollars and a processing fee of twenty dollars in addition to any liquidated damages and weighing fees imposed by this article. Upon collection by the clerk of the court, civil penalties, liquidated damages imposed pursuant to Section 98-111, and weighing fees imposed pursuant to Section 98-113 shall be paid to the Treasurer of the City of Fairfax and allocated for the construction and maintenance of city roads. The penalties, damages, and fees specified in this section shall be in addition to any other liability which may be legally fixed against the owner, operator, or other person charged with the weight violation for damage to a highway or bridge attributable to such weight violation. Sec. 98-108. Service of process in weight violation cases. Any person, whether resident or nonresident, who permits the operation of a motor vehicle in the city by his agent or employee shall be deemed to have appointed the operator of such motor vehicle his statutory agent for the purpose of service of process in any proceeding against such person growing out of any weight violation involving such motor vehicle. Acceptance by a nonresident of the rights and privileges conferred by §§ 46.2-655 through 46.2-661, Code of Virginia, shall have the same effect under this section as operation of such motor vehicle by such nonresident, his agent, or his employee. Sec. 98-109. Special processing provisions for overweight violations. Notwithstanding any other provision of law, all violations of any weight limit as provided, in this article or any permit issued by either the Department or by the city manager pursuant to Section 98-116 shall be processed in the following manner: The officer charging the violation shall serve a citation on the operator of the overweight vehicle. The citation shall be directed to the owner, operator, or other person responsible for the overweight violation as determined by the officer. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the weight violation as provided in Code of Virginia {}46.2-1136, as amended. 2. The officer charging the violation shall cause the citation to be delivered or mailed by first-class mail to the Department within twenty-four hours after it is served. o The owner, operator, or other person charged with the weight violation shall, within twenty-one days after the citation is served upon the vehicle operator, either make full payment to the city of the civil penalty, liquidated damages, weighing fee, and processing fee as stated on the citation, or deliver to the city a written notice of his election to contest the overweight charge in court. Failure of the owner, operator, or other person charged with the weight violation to timely deliver to the city either payment in full of the uncontested civil penalty, liquidated damages, weighing fee, and processing fee or a notice of contest of the weight violation shall cause the city to issue an administrative order of assessment against such person. A copy of the order shall be sent by first-class mail to the person charged with the weight violation. Any such administrative order shall have the same effect as a judgment for liquidated damages entered by a general district court. 5. Upon timely receipt of a notice of contest of an overweight charge, the city shall: a. Forward the citation to the general district court named in the citation and b. Send by first-class mail to the person charged with the weight violation, and to the officer who issued the citation, confirmation that the citation has been forwarded to the court for trial. Notices and pleadings may be served by first-class mail sent to the address shown on the citation as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle is registered. o An alleged weight violation which is contested shall be tried as a civil case. The attorney for the city shall represent the interests of the city. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record which may be otherwise required by Code of Virginia §46.2-383. If judgment is for the city, payment shall be made to the city. Sec. 98-110. Special overweight seizure provisions; penalty. Any officer authorized to serve process or weigh vehicles under the provisions of this chapter may hold an overweight vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle. After finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the liquidated damages, civil penalty, weighing fee, and processing fee, or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer who shall transmit the citation, liquidated damages, civil penalty, weighing fee, and processing fee to the City for distribution in accordance with Section 98- 107. The city shall not be required to post bond in order to attach a vehicle pursuant to this section. The officer authorized to hold the overweight vehicle pending a heating on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with Code of Virginia §8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in Code of Virginia §8.01-554. In the event the civil penalty, liquidated damages, weighing fee, and processing fee are not paid in full, or no bond is given by or for the person charged with the weight violation, the vehicle involved in the weight violation shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle. Whenever an attachment summons is issued for a weight violation, the court shall forward to the Department both a copy of the order disposing of the case and the weight violation citation prepared by the officer but not served. Upon notification of the judgment or administrative order entered for such weight violation and notification of the failure of such person to satisfy the judgment or order, the Department or the Department of State Police or any law-enforcement officer shall thereafter deny the offending person the right to operate a motor vehicle or vehicles upon the highways of the Commonwealth until the judgment or order has been satisfied. When informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor. All costs incurred by the city and all judgments, if any, against the city due to action taken pursuant to this section shall be paid from the fund into which liquidated damages are paid. Sec. 98-111. Liquidated damages for violation of weight limits; powers of enforcement officers; forfeiture of vehicle and cargo. Any person violating any weight limit as provided in this chapter or in any permit issued pursuant to the Code of Virginia, Chapter 46.2, Article 18 (§46.2-1139 et seq.), as amended, either by the Department or by the city manager pursuant to Section 98-116 shall be assessed liquidated damages. The amount of those damages shall be: Excess weight over the prescribed or permitted axle weight limits Assessed amount per pound Excess weight over the prescribed gross weight limit Assessed amount per pound 4,000 pounds or less 4,001 to 8,000 pounds 8,001 to 12,000 pounds 12,001 pounds or more 1¢ per pound 10¢ per pound 20¢ per pound 30¢ per pound 4,000 pounds or less 4,001 to 8,000 pounds 8,001 to 12,000 pounds 12,001 pounds or more 1¢ per pound 5¢ per pound 10¢ per pound 15¢ per pound All gross permit violations shall be assessed 20¢ per pound over the permitted weight limit. If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 2,500 pounds, the general district court may waive the liquidated damages against such person. Such assessment shall be entered by the court as a judgment for the city, the entry of which shall constitute a lien upon the overweight vehicle. Such sums shall be paid to the city and allocated for the construction and maintenance of city roads. B. If the gross weight of the vehicle exceeds lawful limits by at least twenty-five percent but no more than fifty percent, the amount of the liquidated damages shall be two times the amount provided for in the foregoing provisions of this section; if the gross weight of the vehicle exceeds lawful limits by more than fifty percent, the amount of the liquidated damages shall be three times the amount provided for in the foregoing provisions of this section. The provisions of this subsection shall not apply to pickup or panel trucks. Sec. 98-112. Procedures for issuing and serving process in overweight vehicle cases. Any officer authorized to enforce overweight vehicle laws may issue a citation for a violation of such laws. Such officer may also serve an attachment summons issued by a judge or magistrate in connection with a weight violation. Service of any such citation shall be made upon the driver of the motor vehicle involved in the violation. Such service on the driver shall have the same legal force and validity as if served within the Commonwealth personally upon the owner, operator, or other person charged with the weight violation, whether such owner, operator, or other person charged is a resident or nonresident. Sec. 98-113. Weighing vehicles; procedure; shifting loads; unloading excess load; weighing fee; certificate as to accuracy of scales admissible in evidence; penalties. Any officer authorized to enforce the law under this title, having reason to believe that the weight of a vehicle and load is unlawful, is authorized to weigh the load and the vehicle. If the place where the vehicle is stopped is ten road miles or less from a permanent weighing station, the officer may, and upon demand of the driver shall, require the vehicle to proceed to such station. If the distance to the nearest permanent weighing station is more than ten road miles such vehicle may be weighed by wheel load weighers. Any driver who fails or unreasonably refuses to drive his vehicle to such permanent weighing station or such scales or wheel load weighers upon the request and direction of the officer to do so shall be guilty of a Class 4 misdemeanor. The penalty for such violation shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation. In the event of such failure or unreasonable refusal, where the officer has reason to believe the vehicle is overweight, the officer may use whatever reasonable means are available to have the vehicle weighed, including the employment of a tow truck to move the vehicle to the weighing area. He may also use whatever means are necessary to reload the vehicle if the load is intentionally dumped. In such a case, any expenses incurred in having the vehicle weighed may be taxed as costs to be imposed upon the operator who failed or unreasonably refused to drive his vehicle to such weighing area, when he has been convicted of such failure or refusal and an overweight violation. In all cases where such failure or refusal or overweight charges are dismissed, payment shall be made from highway funds. Should the officer find that the weight of any vehicle and its load is greater than that permitted by this title or that the weight of the load carded in or on such vehicle is greater than that which the vehicle is licensed to carry under the provisions of this title, he may require the driver to unload, at the nearest place where the property unloaded may be stored or transferred to another vehicle, such portion of the load as may be necessary to decrease the gross weight of the vehicle to the maximum therefor permitted by this title. Any property so unloaded shall be stored or cared for by the owner or operator of the overweight vehicle at the risk of such owner or operator. However, notwithstanding the provisions of §9 46.2-1122 through 46.2-1127, should the officer find that the gross weight of the vehicle and its load is within limits permitted under this title and does not exceed the limit for which the vehicle is registered, but that the axle weight of any axle or axles of the vehicle exceeds that permitted under this title, the driver shall be allowed one hour to shift his load within or on that same vehicle in order to bring the axle weight or axle weights within proper limits. However, liquidated damages shall be assessed under § 46.2-1135 based on the weight prior to shifting the load, unless the load can be successfully shifted to bring the vehicle's axle weight within limits permitted under this title by (i) sliding the axle or axles of the semi-trailer or the fifth wheel of the tractor truck, (ii) repositioning the load if the motor vehicle is transporting off-the-road mobile construction equipment, or (iii) adjusting the load if the vehicle is operating on non-interstate highways and qualifies for weight extensions pursuant to § 46.2-1129. Such load shifting shall be performed at the site where the vehicle was weighed and found to exceed allowable axle weight limits. No such load shifting shall be allowed if such load is required to be placarded as defined in § 10.1-1450 and consists of hazardous material as defined in § 10.1-1400. If the driver of an overloaded vehicle is convicted, forfeits bail, or purchases an increased license as a result of such weighing, the court in addition to all other penalties shall assess and collect a weighing fee of two dollars from the owner or operator of the vehicle and shall forward such fee to the State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate the same to the fund appropriated for the administration and maintenance of the Department of State Police. In any court or legal proceedings in which any question arises as to the calibration or accuracy of any such scales at permanent weighing stations or wheel load weighers, a certificate, executed and signed under oath by the inspector calibrating or testing such device as to its accuracy as well as to the accuracy of the test weights used in such test, and stating the date of such test, type of test and results of testing, shall be admissible when attested by one such inspector who executed and signed it as evidence of the facts therein stated and the results of such testing. BE IT FURTHER ORDAiNED that this ordinance shall become effective November 1, 2003, as provided by law. INTRODUCED: September 9, 2003 PUBLIC HEARiNG: September 23, 2003 ENACTED: September 23, 2003 ATTEST: Acting ~i~y Clerk - ~z-//7 Vote J. Cross J. Greenfield G. Lyon G. Rasmussen S. Silverthome P.Winter Aye Aye Aye Aye Aye Aye