§ 42-4. Commercial vehicle weight restrictions.

(a)

The following definitions shall apply in the interpretation, enforcement and intent of this section.

Commercial vehicle means a vehicle owned or used by a corporation, association, partnership, individual, sole proprietorship or other entity conducting business for economic gain.

(b)

Except as provided in subsection (d) of this section, commercial vehicles having a gross weight when empty of over 7,000 pounds, as set forth on the registration documents for such vehicle, are prohibited on any road that is posted pursuant to subsection (c) of this section.

(c)

The board of county commissioners may, by resolution, direct that any specific paved road in the county maintenance system that serves an area that is essentially residential in use be clearly and visibly posted with a weight limit sign, in which event the provisions of this section shall apply to such road. In determining whether to post any such road, the board of county commissioners shall consider the likelihood that the road may be damaged by reason of its design, deterioration, rain or other climatic or natural causes if it is not posted.

(d)

The provisions of this section shall not apply to the following:

(1)

Any vehicle making local deliveries or pickups on roads posted pursuant to subsection (c) of this section, or on roads accessed by such posted roads, including vehicles removing timber;

(2)

Government vehicles;

(3)

Vehicles providing a public service, including, but not limited to, garbage trucks, postal vehicles and emergency rescue vehicles; and

(4)

Private mail carriers and couriers.

(e)

This section shall apply only in the unincorporated areas of the county.

(f)

It shall be unlawful for any person to hinder or prevent the performance of any act or duty authorized or required by this section. Violation of any provision of this section is a civil infraction with a maximum civil penalty of $500.00. Any sheriff, deputy sheriff or code enforcement officer, finding probable cause that a person has committed an act in violation of this section, may issue that person a citation. Any person charged under this section who does not wish to contest the citation shall pay, within 30 days of the date of receiving the citation, the penalty and costs applicable to a class II violation set forth in Administrative Order No. 97-002 dated February 25, 1997, as the same may be amended from time to time, which is currently a total of $132.00, either by mail or in person to the clerk of the county court. If the person cited follows this procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing.

(g)

Any person who wishes to contest the citation must, within 30 days of the date of receiving the citation, appear in person at the office of the clerk of county court and enter a not guilty plea. A hearing date will be set by the court and the clerk shall mail a notice of hearing. The county judge, after the hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county judge may impose a penalty not to exceed $500.00 and may assess costs pursuant to the administrative order.

(h)

Failure to pay the penalty or to timely contest the citation shall result in an order to show cause being issued by the court. Said order to show cause shall require the offender to appear before the county judge on a certain date to show cause why he should not be held in contempt of court for failure to respond. The court may fine the offender up to $500.00 and may assess costs pursuant to the administrative order.

(i)

As provided in to F.S. § 162.21(6), any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(Ord. No. 2000-06, §§ 1—8, 2-8-2000)