ORDINANCE 2005-3

ORDINANCE PROHIBITING CERTAIN TRUCK OR FREIGHT CARRYING VEHICLE TRAFFIC ON LARIMER DRIVE OR PARTS OF MAPLE STREET.

            WHEREAS, certain streets within the Town of Millersburg are not designed to carry the weight of heavy trucks and cargo and should be prohibited from driving on such streets to prevent excessive maintenance costs, although the Town Council recognizes the need for such trucks to drive on such streets when their destination is on such streets;

            WHEREAS, Indiana Code 9-21-1-2 authorizes a local authority to adopt ordinances regulating traffic with respect to streets and highways under its jurisdiction.

            NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, AND ORDAINED by the Town Council of the Town of Millersburg, Indiana as follows:

• Drivers are prohibited from driving trucks or freight carrying vehicles exceeding one (1) ton payload capacity on Larimer Street and Maple Street (from Larimer to Cripe Street) in the Town of Millersburg.

• Ordinance violations shall be enforced under proceedings brought pursuant to Indiana Code 34-4-32-1 et seq. in a manner similar to that of infractions with complaint and summons described in Indiana Code 9-30-3-6 issued by the Millersburg Police Department or any other police agency.   Any person who is found to have violated any provision of this Ordinance, shall be punished by a Fifty Dollar ($50.00) fine for each separate offense.

• Revenues generated from such fines for violation of this Ordinance shall be deposited in the Law Enforcement Continuing Education Fund of the Town of Millersburg, Indiana.

• The Town of Millersburg Street Department is hereby authorized and directed to post “No Through Trucks” signs in accordance with Indiana code 9-21.

• This Ordinance shall be effective from after its passage by the Town Council and publication according to law, and upon posting of signs.