(a)   No person shall operate a motor vehicle or combination of vehicles the height or length of which, including any load thereon, exceeds the limitations as to such prescribed by K.S.A. 8‑1904 (1996 Supp.) or any amendments thereto, which are incorporated by reference as if set out in full herein.

(b)   No person shall operate a motor vehicle or combination of vehicles the total outside width of which, or any load thereon, exceeds the limitations as to such prescribed by K.S.A. 8‑1902 (1996 Supp.) or any amendments thereto, which are incorporated by reference as if set out in full herein.

(c)   No person shall operate a motor vehicle or combination of vehicles the gross weight of which, as to wheel and axle load, exceeds the limitations as to such prescribed by K.S.A. 8‑1908 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(d)   No person shall operate a motor vehicle or combination of vehicles unless such motor vehicle is registered and licensed according to gross weight as prescribed in K.S.A. 8‑143 (1996 Supp.) or any amendments thereto, which are incorporated by reference as if set out in full herein.

(e)   No person shall operate a motor vehicle or combination of vehicles the gross weight of which exceeds the limitation as to such prescribed by K.S.A. 8‑1909 or any amendments thereto which are incorporated by reference as if set out in full herein.

(f)   It shall be unlawful to operate within this City a vehicle or combination of vehicles whose weight, with cargo, is in excess of the gross weight for which the vehicle, truck or truck‑tractor propelling the same is licensed and registered except as provided by K.S.A. 8‑1911 (1996 Supp.), or any amendments thereto and K.S.A. 8‑1543 (1996 Supp.) or any amendments thereto.

(Ord. 1792)

(a)   Any police officer having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to any scales suitable for this purpose within five (5) miles. When portable scales are used for weighing for the purpose of this Section, the location of such portable scales shall be not more than ten (10) miles from any stationary scales whose accuracy is certified in accordance with law.

(b)   Whenever a police officer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limit as permitted in this Section. All material so unloaded shall be cared by for the owner, lessee, or operator of such vehicle at the risk of such owner, lessee or operator.

(c)   Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing as provided in this Section or who fails or refuses when directed by a police officer to comply with the provisions of this Section shall be guilty of a violation of this Article.

(Ord. 1792, Sec. 2)

(a)   Every person who is convicted of a violation of this Article shall be fined according to the following schedule:

For a second violation of this Article within two (2) years such person shall, upon conviction, be fined 1 ½ times the applicable amount based on the above fine schedule. For a third violation of this Section within two (2) years, such person shall, upon conviction, be fined two (2) times the applicable amount from the above fine schedule. For fourth and each succeeding violation of this Subsection within two (2) years, such person, upon conviction, shall be fined 2 ½ times the applicable amount from the above fine schedule.

(b)   Any person failing to comply with Section 15‑502(c) above, upon conviction, shall be assessed a fine not exceeding $500.

(Ord. 1792, Sec. 3)