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HomeMy WebLinkAboutOrdinance 2021 (893) Ordinance No. 893 (2021) ST. RO LINTY ORDINANCE REENACTING CHAPTER 78 IMPLEMENTS OF HUSBANDRY 1 WHEREAS, 2013 Wis. Act 377 under Wis. Stats. § 348.15(9)(f)1. provides that there is 2 no weight limitation per wheel, axle, or group of axles for Implements of Husbandry (IoH) as 3 defined in Wis. Stats. § 340.01(24)(a)l.b. (Class B), but does apply gross vehicle weight 4 limitations to these vehicles; and 5 6 WHEREAS, Wis. Stats. § 348.15(9)(f)2. authorizes a municipality or county to require 7 compliance with axle weight limitations established under Wis. Stats. § 348.15(3)(g) for Class B 8 IoH on all highways under its jurisdiction; and 9 10 WHEREAS,pursuant to Wis. Stats. § 348.15(9)(f)2. provides that unless a municipality 11 opts in by adopting a resolution or ordinance, there is no weight limit per wheel, axle, or group 12 of axles, on Class B IoH; and 13 14 WHEREAS, the St. Croix County Board of Supervisors adopted Chapter 78, effective 15 January 1, 2015, however sunsetted in January of 2020 and is therefore repealed; and 16 17 WHEREAS,the Transportation Committee recommends that Chapter 78 of the St. Croix 18 County Code of Ordinances be reenacted. 19 20 NOW THEREFORE the county board of supervisors of the County of St. Croix does 21 ordain that Chapter 78 - Implements of Husbandry (IoH) -Permit to Exceed Weight and Length 22 Limits of the St. Croix County Code of Ordinances is hereby reenacted as attached hereto. 23 24 BE IT FURTHER ORDAINED this ordinance shall be effective upon adoption and 25 publication as provided by law. 26 27 BE IT FURTHER ORDAINED that a copy of this ordinance cover sheet and Chapter 28 78 --Implements of Husbandry (IoH) - Permit to Exceed Weight and Length Limits of the St. 29 Croix County Code of Ordinances shall be provided to the Wisconsin Department of 30 Transportation to be posted on the State Department of Transportation website. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No Fiscal Impact b' r cott .Cox,Corporation Co&W 1 f 14/20211 L n on, finance DirEVorf}/14J20211 K 1A u fjAdm nWrl—dr' 10/14/202,11 10/18/21 Enacted 10/18/21 Transportation Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Dave Ostness, Supervisor SECONDER: Richard Ottino, Supervisor AYES: Ed Schachtner, Richard Ottino, Dave Ostness, William Peavey EXCUSED: Tim Hall Vote Confirmation. Ailliarn�Peavey,vise Chaim 0/18/2021 St. Croix County Board of Supervisors Action: Roll Call-Vote Requirement— .................................................................................................................................................................................................................................................................................................................................... RESULT: ENACTED [UNANIMOUS] MOVER: William Peavey, Vice Chair SECONDER: Scottie Ard, Supervisor AYES: Schachtner, Anderson, Long, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey This Ordinance was ENACTED by the St. Croix County Board of Supervisors on November 2, 2021 Cindy Campbell, County Clerk CHAPTER 78 IMPLEMENTS OF HUSBANDRY (IoH) - PERMIT TO EXCEED WEIGHT AND LENGTH LIMITS 78.01 Authority. This ordinance is adopted pursuant to the authority granted by Wisconsin Statutes §§ 348.15 and 348.27. 78.02 Purpose. To give operators of Implements of Husbandry (IoH) more flexibility to operate on highways as to weight and length, while retaining a balance for the County to protect the highways and highway users from the risks of ever increasing weights and lengths of IoH. 78.03 Definition. In this chapter "Implements of Husbandry" ("IoH") is defined pursuant to Wisconsin Statutes § 340.01(24)(a). 78.04 Weight and Length Limits. Pursuant to Wisconsin Statutes § 348.15(9)(f), all IoH (including Category B IoH defined in §340.01(24)(a)1.b.) may not exceed the weight and length limits imposed by Chapter 348.15(3)(g) of Wisconsin Statutes. 78.05 Permit. A permit is required for each piece of equipment intended to be used that will exceed weight or length limits imposed by this Chapter on all St. Croix County Trunk Highways. A no-fee permit may be obtained from the St. Croix County Highway Department to operate an IoH that exceeds limitations imposed by this chapter. Permits may be issued with operating conditions. 78.06 Approved Alternate Route. Pursuant to Wisconsin Statutes §348.27(19)(b)4m.a. in the event an application for a no-fee permit is made for a Category B IoH as defined in § 340.01(24)(a)1.b., the County is required to provide an approved alternate route, which may include highways that are not under this jurisdiction if prior approval has been given by the jurisdiction over the alternate routes not under this entity's jurisdiction for operation of Category B IoH as defined in §340.01(24)(a)1.b. 78.07 Penalty Violation of any provision of this chapter shall be forfeiture as provided under Wisconsin Statutes § 348.21, together with the costs of prosecution. 78.08 Enforcement This chapter may be enforced by the issuance of a citation by officials or designees of officials authorized to issue overweight limit citations. 78.09 References to Statutes. References to specific statutory sections wherever used in this ordinance shall mean the most current Wisconsin Statutes, and any future amendments, revisions or modifications thereof which are expressly incorporated herein.