HomeMy WebLinkAboutOrdinances ORDINANCE NO. 18-09-374 - 09/10/2018 - TRUCK ROUTESSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-09-374
AN ORDINANCE TO AMEND CHAPTER 56, ARTICLE IV, TO REVISE AND UPDATE
TRUCK WEIGHT AND LENGTH RESTRICTIONS ON CITY ROADS TO DESIGNATE
TRUCK ROUTES, AND FOR RELATED PURPOSES
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 10th day of September, 2018 at 6:00 p.m., as follows:
WHEREAS, pursuant to O.C.G.A. § 32-4-92(a)(7) and Section 1.12(b)(17) of the City Charter,
the City is authorized to regulate and control the use of its municipal street system; and,
WHEREAS, the City of Milton's Police Department is lawfully authorized to exercise the powers
of arrest and to enforce the traffic laws of the City; and,
WHEREAS, the City desires to update the weight and length restrictions applicable to use of
trucks on City streets, to designate certain streets as truck routes, and to otherwise update its
ordinance governing use of large trucks on City streets;
NOW THEREFORE, Chapter 56, Article IV "Truck Routes" of The Code of the City of Milton,
Georgia, is hereby amended by incorporating the insertions and deletions shown in the document
attached hereto and incorporated herein by reference as Exhibit A.
ORDAINED this 10th day of September, 2018.
Attest:
Sudie Gordon, City Cl k
Approved:
Joe Lockwood; Mayor
ARTICLE IV. - TRUCK ROUTES
Sec. 56-64. - Purpose.
(a) The mayor and city council is authorized to adopt ordinances for the governing and
policing of areas within the city limits for the purpose of protecting the public health, safety and
welfare.
(b) Specifically, the mayor and city council may;
(1) Provide for the regulation and control of motorized vehicles on the city's streets;
(2) Plan, designate, improve, manage, control and maintain an adequate city
roadway system; and
(3) Determine the maximum load, weight and vehicle dimensions which can be safely
transported over each bridge on the city roadway system.
(c) Accordingly, the mayor and city council hereby enact the following provisions in an
effort to regulate and control motorized vehicles within the city limits for the purpose of
protecting and preserving the public health, safety, and welfare of the citizens; to thereby curb
the usage of certain residential streets in the city by trucks as cut through routes; and to
discourage the parking of such vehicles on these streets and public rights-of-way.
(Ord. No. 07-06-31, § 1 (art. 4, § 2), 6-7-2007)
0 Sec. 56-65. - Restricted vehicles required to use truck routes-, exceptions.
All vehicles with a total gross weight in excess of 36,000 pounds or having an overall length in
excess of thirty (30) feet, except vehicles designed to primarily carry passengers are prohibited
from using roadways within the city limits, except those roadways authorized by this article as
truck routes, including any amendments hereof, or as may be further designated by the mayor
and city council as truck routes, except when:
(1) The terminal, parking lot, repair garage, or headquarters of the restricted motor vehicle
is not on a designated truck route, in which case ingress to and egress from those places shall be
made by the most direct route available between the terminal, parking lot, repair garage or
headquarters and nearest designated truck route;
(2) A delivery or pickup is to be made at a location which is not on a designated truck
route; ingress to and egress from that location shall be made by the most direct route available
between that location and the nearest designated truck route;
(3) A delivery or pickup is to be made by a truck, road tractor, or combination road tractor -
trailer within any area which is not on a designated truck route; such delivery or pickup shall only
be made between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. No. 07-06-31, § Kart. 4, § 3), 6-7-2007)
A list and map of the approved truck routes shall be kept on file with the city public safety
department and the city clerk. The list of truck routes maybe revised as deemed necessary by
the city police department with the approval of the mayor and city council, with the entire list
requiring renewal by the mayor and city council every two years. All listed routes will be further
identified by posted regulatory signs.
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(a) The following routes are designated as truck routes:
(1) Arnold Mill Road (S.R. 140) from Cherokee County Line to 0.15 miles south of Green Road.
(2) S.R. 372 from Alpharetta City Limits to the Cherokee County Line.
(3) S.R. 9 from the Alpharetta City Limits to the Forsyth County Line.
(4) Deerfield Parkway from Windward Parkway to Cumming Highway (S.R. 9).
(5) Morris Road from Deerfield to McGinnis Ferry Road.
(6) McGinnis Ferry Road from Morris Road to GA 400.
(Ord. No. 07-06-31, § Kart. 4, § 4), 6-7-2007)
State Law reference— No violation of ordinance unless regulatory sign is posted on roadway,
O.C.G.A. § 40-6-371 (c).
• Sec. 56-67. - Use of temporary truck routes by restricted vehicles.
If a designated truck route, or any portion thereof, shall be under repair or otherwise temporarily
out of use, restricted vehicles shall use other temporary truck routes as may be designated by
the mayor and city council and further identified by the posting of a regulatory traffic control
sign.
(Ord. No. 07-06-31, § Kart. 4, § 5), 6-7-2007)
• Sec. 56-68. - Evidence required for restricted vehicle to be off truck route.
When upon roadways other than those designated as truck routes, any person driving or in
charge or control of any of the motor vehicles restricted by this article shall be prepared to
present for inspection of police officers his or her log book, weight slips, delivery slips or other
written evidence of his or her destination and point of origin to justify the presence of the
restricted vehicle on a roadway other than a designated truck route.
(Ord. No. 07-06-31, § 1 (art. 4, § 6), 6-7-2007)
• Sec. 56-69. - Vehicle weights and loads.
No vehicle shall be operated on any roadway within the city's jurisdiction, including any city
road designated as a truck route with a total gross weight in excess of36,000 pounds unless the
vehicle is making a pickup or delivery on such road. The maximum gross weight of any vehicle
operating on any roadway within the city limits, shall not exceed 80,000 pounds.
(Ord. No. 07-06-31, § 1 (art. 4, § 7), 6-7-2007)
State Law reference— Weight of vehicles and loads on county roadways, O.C.G.A. § 32-6-26(f).
• Sec. 56-70. - Weight limitations on streets, bridges and culverts.
(a) It shall be unlawful to operate any motor vehicle on any street within the city limits,
where the weight of such motor vehicle, with or without load, is in excess of the weight as limited
by this article and where signs indicating such limitations are posted. Further, it shall be unlawful
to drive any motor vehicle over a bridge or culvert within the city limits, over the weight capacity
shown on said bridge or culvert.
(b) The driver and owner shall be liable to the city for any and all damages caused by
driving an overweight motor vehicle over any street, bridge or culvert with a posted sign. These
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damages are in addition to any fine or punishment that may be assessed for violation of this
article.
(Ord. No. 07-06-31, § Kart. 4, § 8), 6-7-2007)
State Law reference— Enforcement of load limits, O.C.G.A. § 32-6-27.
• Sec. 56-71. - Enforcement of weight and load limitations.
(a) Any person who violates the load limitations provisions of this article shall be conclusively
presumed to have damaged the public roads, including bridges within the city limits by reason
of such overloading and shall, in addition to any other penalty at law, recompensed the city for
such damages in accordance with O.C.G.A. § 32-6-27.
(b) Any owner or operator of a vehicle which is operated on the public roads within the city
limits in violation of the weight limits provided in this article shall be required, in addition to
paying the monies provided in subsection (a) of this section, to unload all gross weight in excess
of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(c) Any person authorized by state law and this article to enforce this article may seize the
offending vehicle of an owner who fails or whose operator has failed to pay the monies
prescribed in O.C.G.A. § 32-6-27(a), and hold such vehicle until the prescribed moneys are paid.
Any authorized person seizing such vehicle under this subsection or subsection (b) of this section
may, when necessary, store the vehicle, and the owner thereof shall be responsible for all
reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially
unloaded under this section, the load or any part thereof shall be removed or cared for by the
owner or operator of the vehicle without any liability on the part of the authorized person or the
city because of damage to or loss of such load or any part thereof.
(Ord. No. 07-06-31, § Kart. 4, § 9), 6-7-2007)
State Law reference— Enforcement of city ordinances, O.C.G.A. § 36-35-3; enforcement of load
limits, O.C.G.A. § 32-6-27.
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