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Notice of Ordinance - Middlebury traffic

NOTICE OF ADOPTION OF AN ORDINANCE

PRESCRIBING A FINE, PENALTY, OR FORFEITURE FOR VIOLATION

AND CONCERNING AN AMENDMENT TO THE TOWN OF MIDDLEBURY TRAFFIC ORDINANCES

                NOTICE IS HEREBY GIVEN that on the 6th day of March, 2017, the following Ordinance was adopted by the Town Council for the Town of Middlebury, Indiana, to-wit:

ORDINANCE NO. 380-A

AN ORDINANCE AMENDING ORDINANCE NO. 380 OF THE TOWN OF MIDDLEBURY, INDIANA CONCERNING WEIGHT LIMITS AND NO THRU TRUCK RESTRICTIONS

                WHEREASIndiana Code § 36-1-3-1 et seq. permit any unit in the State of Indiana to exercise any power or to perform any function necessary to the public interest in the context of its governmental or internal affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or pre-empted by any other law, or is not expressly granted by any other law to another governmental entity;

                WHEREAS the Town Council of the Town of Middlebury, Indiana is the Town legislative body and is by law authorized to adopt ordinances and resolutions for the regulation of traffic on the public roads, streets, alleys, and bridges within the incorporated areas of the Town of Middlebury, Indiana;

                WHEREAS the Town Council of the Town of Middlebury, Indiana adopted Ordinance No. 380 on June 7, 1999 establishing weight limits and no thru truck restrictions for vehicles within the Town of Middlebury, Indiana;

                WHEREAS the Town Council of the Town of Middlebury, Indiana deems it reasonable and appropriate to amend Ordinance No. 380 in accordance with the terms and provisions contained within this Ordinance;

                NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Middlebury, Indiana as follows:

1.     Section 3 of Ordinance No. 380 is hereby repealed and replaced with the following provision:

Section 3.  No thru trucks shall be operated on any public roads, streets, or alleys within the incorporated areas of the Town of Middlebury, Indiana excepting any highway or street in the state highway system.  A “truck” shall be defined for purposes of this Ordinance as any vehicle with a plated weight of sixteen thousand pounds (16,000 lbs.) or more and which has three (3) or more combined axles including any trailer accompanying the vehicle.  A “thru truck” shall be defined for purposes of this Ordinance as a truck traveling on any public road, street, or alley within the incorporated areas of the Town of Middlebury, Indiana exclusive of any highway or street in the state highway system where the truck is without a verifiable delivery or pick-up on the traveled street, road, or alley or that is not registered to an address on the traveled street, road, or alley. 

2.     An offense or infraction committed before the effective date of this Ordinance shall be prosecuted and remain punishable under the repealed or amended ordinance as if this Ordinance had not been adopted.

3.     This Ordinance shall be effective immediately upon the meeting of the notice and publication requirements of Indiana law.

ORDAINED AND ADOPTED this 6th day of March, 2017.

                                                           TOWN COUNCIL FOR THE

                                                           TOWN OF MIDDLEBURY, INDIANA

                                                           By: Gary L. O’Dell, President

Attest:

By: Peggy A. Hutchison, Middlebury Clerk-Treasurer

LC 62 hspaxlp                                                                                MI 15,22