The Town Board of the Town of Vienna, Dane County, Wisconsin, do ordain as follows:
SECTION 1 - STATEMENT
OF PURPOSE:
In the interest of public safety on Town Roads, the roads and streets,
or portions thereof, of the Town of Vienna are hereby declared to have
special weight limitations as set forth herein, because, in the absence
of such special limitations, there is a likelihood that they would be
seriously damaged or destroyed. Such limitations are adopted pursuant
to Sec. 349.16, Wis.
Stats., which is hereby adopted by reference and made a part of this ordinance.
SECTION 2 - WEIGHT LIMITATIONS:
It shall be unlawful for any person to operate a vehicle ion excess of
eight (8) tons on Town Roads, streets or portions thereof, except when
necessary for the purpose of delivering and moving supplies or other necessary
commodities to or from any farm, place of business or residence fronting
on any such roads, and except when necessary for the purpose of leaving
or returning to a terminal or place of garaging a vehicle; however, such
operator shall leave such road and re-enter roads not prohibited by such
weight limitation at the closest to its immediate destination and shall
take the most direct route to his destination. Town vehicles engaged in
official duties, and milk trucks, fuel trucks, school buses, and garbage
and recycling trucks contracted by the Town shall be exempt from the general
weight restrictions of this Section.
SECTION 3 - NOTICE/SIGNS:
Appropriate weight limitation signs shall be erected on Town Roads and/or
streets. At all times a map showing the location of the signs shall be
on file with the Town Clerk.
SECTION 4 - SEASONAL WEIGHT
LIMITATIONS:
In addition to the permanent weight limitations on Town Roads, the Town
Chairperson may impose special seasonal limitations on any Town Road or
portion thereof which, because of weakness of the roadbed due to deterioration
or climatic conditions or other special or temporary condition, which
would likely be seriously damaged or destroyed in the absence of such
special limitations. When such seasonal limitations are in effect, the
pick-up and delivery exceptions to Section 2 above shall not be applicable-
except for the specially exempted vehicles allowed in Section 2, or by
written permission of the Town Board.
SECTION 5 - PENALTY FOR
VIOLATION:
The penalty for violation of any provision of this ordinance shall be
a forfeiture as hereinafter provided, together with the costs of prosecution
imposed and provided in Section 345.20 to 345.53,
Wis. Stats. The forfeiture for a first violation of any provision of this
ordinance shall be not less than Five Hundred ($500.00) Dollars. The forfeiture
for a second or subsequent offenses shall not be less than One Thousand
($1,000.00) Dollars.
SECTION 6 - ENFORCEMENT:
This ordinance shall be enforced in accordance with the provisions of
Sections 345.20 to 345.53,
Chapter 800, and Section 66.12, Wis.
Stats.
SECTION 7 - SEVERABILITY:
If any section, clause, provision or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the
remaining provisions shall not be effected.
SECTION 8 - EFFECTIVE
DATE:
This ordinance shall take effect the day after its publication pursuant
to law.
The above and forgoing ordinance was duly adopted by the Town Board of the Town of Vienna, Dane County, Wisconsin, at a regular meeting held on the 20th day of October, 1986.
M. Vincent Koch, Town of Vienna Chairperson
Russell Clemens, Town of Vienna First Supervisor
Dennis Leonard, Town of Vienna Supervisor II
I hereby certify that the foregoing ordinance regulating the weight of vehicles on Town Roads and streets was published as a class 1 notice under Chapter 985, Wis. Stats., on the 30th day of October, 1986.
Dated: October 31, 1986
Robert Pulvermacher, Town of Vienna Clerk
