Ellsworth County Resolution regarding commercial trucks

(First Published in the Ellsworth County Independent/
Reporter, April 28, 2016)

RESOLUTION NO. 2016-R-06
(A Resolution Revising And Updating
Charter Resolution No. 89-2)

WHEREAS it has been determined by the Board of Ellsworth County Commissioners that commercial trucks, and other commercial motor vehicles use blacktop roadways under the jurisdiction and control of the Board of Ellsworth County Commissioners; and
WHEREAS roadways under the jurisdiction and control of the Board of Ellsworth County Commissioners are not roadways compatible with the normal and safe movement of such commercial trucks, and other commercial motor vehicles.
NOW, THEREFORE, pursuant to the provisions of K.S.A. 8-1912(c), the Board of Ellsworth County Commissioners resolve as follows:
1) It shall be unlawful for any commercial truck, and other commercial motor vehicle to use any blacktop roadway located in Ellsworth County, Kansas, and under the jurisdiction and control of the Board of Ellsworth County Commissioners.
2) Official traffic signs giving notice of the regulation shall be erected and placed at appropriate entrances to said roadways.
3) It shall be as defense to a prosecution for violation of the Resolution, that the commercial truck, or other commercial motor vehicles, at the time of operating on said roadways, had either a point of origin or a destination located within the confines of Ellsworth County, Kansas, alongside or off a “spur” of said roadway.
4) Also, it shall be a defense if the commercial vehicle shall be laden with harvested crops and in route to an elevator and/or grain storage facility in Ellsworth County, or a neighboring county.
5) The term “commercial” as used in this Resolution shall mean the hauling of goods for hire.
6) Any person convicted of a violation of this Resolution shall be sentenced to a period of not more than thirty (30) days in the Ellsworth County Jail or shall be assessed a fine of not more than $500.00 or shall be sentenced to a combination of such fine and imprisonment.
This Resolution supersedes Charter Resolution 89-2, which shall be of no legal effect once this Resolution takes effect.
This Resolution will take effect on May 6, 2016, following its second publication in the official County newspaper.
WITNESS OUR HANDS BELOW SET FORTH THIS 25th DAY OF APRIL, 2016.

Kermit Rush, Chairman
Albert Oller, Commissioner
Terry Kueser, Commissioner

ATTEST:

Shelly D. Vopat

2t 5/5