§ 78-74. Enforcement of weight and load limitations.

(a)

Any person who violates the load limitations provisions of this article shall be conclusively presumed to have damaged the public roads, including bridges of the unincorporated areas of the county by reason of such overloading and shall, in addition to any other penalty at law, recompensed the county for such damages in accordance with O.C.G.A. § 32-6-27, as same may be amended.

(b)

Any owner or operator of a vehicle which is operated on the public roads of unincorporated Fulton County in violation of the weight limits provided in this article shall be required, in addition to paying the monies provided in subsection (a) of this section, to unload all gross weight in excess of 6000 pounds over the legal weight limit before being allowed to move the vehicle.

(c)

Any person authorized by state law and section 78-78 of this article to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the monies proscribed in subsection (a) of O.C.G.A. § 32-6-27 and hold such vehicle until the proscribed moneys are paid. Any authorized person seizing such vehicle under this subsection or subsection (b) of this section may, when necessary, store the vehicle, and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially unloaded under this section, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or the county because of damage to or loss of such load or any part thereof.

State Law reference— Enforcement of county ordinances, O.C.G.A. § 36-1-20; enforcement of load limits, O.C.G.A. § 32-6-27.

(Ord. No. 98-1059, 8-5-98)