There is hereby incorporated by reference for the purpose of regulating traffic upon highways and streets of the City that certain standard safety regulations known as Federal Motor Carrier Safety Regulations, March 2020 Plus Edition, parts 390- 393 and 395- 396, prepared and published in book form by Mancomm, Inc., 300 Bowie St., Suite 2705, Austin, Texas 78703, save and except such articles, sections, parts, or portions as are hereafter omitted, deleted, modified, or changed. No less than three( 3) copies of said book shall be marked or stamped” Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be omitted clearly marked to show such deletion or change and to which shall be attached a copy of this section or related ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The Police Department, Municipal Judge, and all administrative departments of the City charged with the enforcement of the Ordinance shall be supplied, at the cost of the City, such number of official copies of such Federal Motor Carrier Safety Regulations similarly marked, deleted and changed as may be expedient.

(Ord. 4744-10; Ord. 4778-11; Ord. 5044-21)

(a)   It shall be unlawful for any person to violate the provisions of the Federal Motor Carrier Safety Regulations parts 390-393 and 395-396 as incorporated by reference in Section 21-701.

(b)   The judge of the Municipal Court may, in the manner prescribed by K.S.A. 12-4305 or any amendments thereto, establish a schedule of fines for violations of any section of the Federal Motor Carrier Safety Regulations parts 390-393 and 395-396. Any person who violates the provisions of the Federal Motor Carrier Safety Regulations parts 390-393 and 395-396 shall, upon conviction, be punished as set forth in the fine schedule.

(c)   Any person who violates any provision of the Federal Motor Carrier Safety Regulations parts 390-393 and 395-396 or any other provision of this article for which a fine is not scheduled shall, upon conviction, be fined in an amount not to exceed $500.00.

(Ord. 4744-10; Ord. 4778-11; Ord. 5044-21)

It shall be unlawful to operate a motor vehicle or combination of vehicles the total outside width of which, or any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1902 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

It shall be unlawful to operate a motor vehicle or combination of vehicles the load, height or length of which, including any load thereon, exceeds the limitations as prescribed by K.S.A.8-1903 through K.S.A. 8-1905 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

It shall be unlawful to operate a motor vehicle or combination of vehicles unless the load is properly secured as prescribed by K.S.A. 8-1906 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

It shall be unlawful to operate a motor vehicle or combination of vehicles to tow another vehicle unless proper connection and safety equipment are utilized as prescribed by K.S.A. 8-1907 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

It shall be unlawful to operate a motor vehicle or combination of vehicles the gross weight of which, as to wheel and axle load, exceeds the limitations as prescribed in K.S.A. 8-1908 or amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

It shall be unlawful to operate a motor vehicle or combination of vehicles the gross weight of which exceeds the limitations as prescribed by K.S.A. 8-1909 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

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 for the vehicle to remain there 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 tandem axles to such limits as permitted in this Section. All materials so unloaded shall be cared for by the owner, lessee, or operator of such vehicle at the risk of such owner, lessee or operator.

(Ord. 4744-10; Ord. 4778-11; Ord 5044-21)

It shall be unlawful to 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 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord. 5044-21)

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, or any amendments thereto and K.S.A. 8-143 or any amendments thereto, which are incorporated by reference as if set out in full herein.

(Ord. 4744-10; Ord. 4778-11; Ord. 5044-21)

It shall be unlawful for any driver of a vehicle or combination of vehicles to fail to stop or refuse to stop and submit such vehicle or combination of vehicles to weighing as provided in this Article or as directed by police.

(Ord. 4744-10; Ord. 4778-11; Ord. 5044-21)

Any person who commits any offense involving gross weight, height, length or width limits as described in this Article shall, upon conviction, be punished as set forth in the following fine schedule:

(a)   A person who is convicted of exceeding gross weight shall be fined according to the following schedule:

Weight up to first 1,000 lbs. over limit – $50.00

Weight per lb. over 1,000 lbs. – $00.10

(b)   A person who is convicted of exceeding the height, length or width shall be fined according to the following schedule:

Height, length, width over limit – $30.00 plus $1.00 per inch

(c)   For a second violation of gross weight, height, length or width within two (2) years, such person shall, upon conviction, be fined 1½ times the applicable amount based on the above fine schedule. For a third violation, within two (2) years, such person shall, upon conviction, be fined 2 times the applicable amount from the above fine schedule. For the fourth and each succeeding violation, within two (2) years, such person, upon conviction, shall be fined 2½ times the applicable amount from the above fine schedule.

(Ord. 4744-10; Ord. 4778-11; Ord. 5044-21)