§ 18½-6. Weight and load unlawful; special fuel and motor fuel tax enforcement; inspection; penalty; review.

(a)

Any designated police officer of the City of Coral Springs or of the department of transportation having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or fixed scales and may require that such vehicle be driven to the nearest weigh station or public scales, provided such a facility is within five (5) miles. Anyone who refuses to submit to such weighing obstructs an officer pursuant to F.S. § 843.02, and is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or § 775.083. Anyone who knowingly and willfully resists, obstructs or opposes an officer while refusing to submit to such weighing by resisting the officer with violence to his person pursuant to F.S. § 843.01, is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083 or 775.084.

(b)

(1)

Whenever an officer, upon weighing a vehicle or combination of vehicles with load, determines that the axle weight or gross weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until a determination can be made as to the amount of weight thereon and, if overloaded, the amount of penalty to be assessed as provided herein. However, any gross weight over and beyond six thousand (6,000) pounds beyond the maximum herein set shall be unloaded and all material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of such owner or operator. For enforcement purposes, all scaled weights of the gross or axle weight of vehicles and combinations of vehicles shall be deemed to be not closer than ten (10) percent to the true gross weight. However, if the driver of any vehicle can comply with the requirements of this chapter by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, the driver shall not be held to be operating in violation of this chapter.

(2)

The officer shall inspect the license plate or registration certificate of the commercial vehicle, as defined in F.S. § 316.003(66), to determine if its gross weight is in compliance with the declared gross vehicle weight. If its gross weight exceeds the declared weight, the penalty shall be five cents ($0.05) per pound on the difference between such weights. In those cases when the commercial vehicle, as defined in F.S. § 316.003(66), is being operated over the streets, roadways or highways of the city with an expired registration or with no registration from this or any other jurisdiction or is not registered under the applicable provisions of F.S. Ch. 320, the penalty herein shall apply on the basis of five cents ($0.05) per pound on that weight which exceeds thirty-five thousand (35,000) pounds on laden truck tractor-semitrailer combinations or tandem trailer truck combinations, ten thousand (10,000) pounds on laden straight trucks or straight truck-trailer combinations, ten thousand (10,000) pounds on any unladen commercial motor vehicle. If the license plate or registration has not been expired for more than ninety (90) days, the penalty imposed under this paragraph may not exceed one thousand dollars ($1,000.00). A vehicle found in violation of this section may be detained until the owner or operator produces evidence that the vehicle has been properly registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility of the owner. A person who has been assessed a penalty pursuant to this paragraph for failure to have a valid vehicle registration certificate pursuant to the provisions of F.S. Ch. 320, is not subject to the delinquent fee authorized in F.S. § 320.07, if such person obtains a valid registration certificate within ten (10) working days after such penalty was assessed.

(c)

Any person who violates the overloading provisions of this chapter shall be conclusively presumed to have damaged the streets, roadways or highways of this city by reason of such overloading, which damage is hereby fixed as follows:

(1)

When the excess weight is two hundred (200) pounds or less than the maximum herein provided, the penalty shall be ten dollars ($10.00);

(2)

Five cents ($0.05) per pound for each pound of weight in excess of the maximum herein provided when the excess weight exceeds two hundred (200) pounds. However, whenever the gross weight of the vehicle or combination of vehicles does not exceed the maximum allowable gross weight, the maximum fine for the first six hundred (600) pounds of unlawful axle weight shall be ten dollars ($10.00);

(3)

An apportioned motor vehicle, as defined in F.S. § 320.01, operating on the streets, roadways or highways of this city without being properly licensed and registered shall be subject to the penalties as herein provided;

(4)

Vehicles operating on the streets, roadways, or highways of this city from nonmember International Registration Plan jurisdictions which are not in compliance with the provisions of F.S. § 316.605, shall be subject to the penalties as herein provided.

(d)

Any person aggrieved by the imposition of penalties pursuant to this subsection may apply to the review board, as provided for in subsection (J), for modification, cancellation, or revocation of the penalty, and the review board is authorized to modify, cancel, revoke or sustain such penalty.

(e)

Whenever any person violates the provisions of this chapter and becomes indebted to the city because of such violation in the amounts aforesaid and refuses to pay said penalty, such penalty shall become a lien upon the motor vehicle, and the same may be foreclosed by the city in a court of equity. It shall be presumed that the owner of the motor vehicle is liable for the sum. Any person, firm, or corporation claiming an interest in the seized motor vehicle may, at any time after the lien of the city attaches to the motor vehicle, obtain possession of the seized vehicle by filing a good and sufficient forthcoming bond with the officer having possession of the vehicle, payable to the City of Coral Springs in twice the amount of the city's lien, with a corporate surety duly authorized to transact business in the State of Florida as surety, conditioned to have the motor vehicle or combination of vehicles forthcoming to abide the result of any suit for the foreclosure of such lien. It shall be presumed that the owner of the motor vehicle is liable for the penalty imposed under this section. Upon the posting of such bond with the officer making the seizure, the vehicle shall be released and the bond shall be forwarded to the City of Coral Springs for safekeeping. The lien of the city against the motor vehicle aforesaid shall be foreclosed in equity, and the ordinary rules of court relative to proceedings in equity shall control. If it appears that the seized vehicle has been released to the defendant upon his forthcoming bond, the city shall take judgment of foreclosure against the property itself, and judgment against the defendant and the sureties on the bond for the amount of the lien, including cost of proceedings after the rendition of the decree, the city may, at its option, proceed to sue out execution against the defendant and his sureties for the amount recovered as aforesaid or direct the sale of the vehicle under foreclosure.

(f)

Any officer or agent collecting the penalties herein imposed shall give to the owner or driver of the vehicle an official receipt for all penalties collected. Such officers or agents shall cooperate with the owners or drivers of motor vehicles so as not to delay unduly the vehicles.

(g)

Pursuant to F.S. §§ 316.302 and 316.545, penalties and fees are due and payable at the time of issuance and shall be remitted to the officer or traffic enforcement officer of the Coral Springs Police Department who assessed the penalty. Payment shall be made for the exact amount of the assessment in cash, money order, or cashier's check and shall be made payable to the City of Coral Springs.

(h)

All penalties and fines collected pursuant to this chapter shall be placed in a separate commercial vehicle account. This account shall be created solely for the collection of penalties and fines resulting from violations of this chapter.

(i)

The City of Coral Springs shall create a commercial motor vehicle review board consisting of three (3) members who shall be the police traffic supervisor or designee, the city manager or designee, and a community representative chosen by the police traffic supervisor and the city manager. The review board may review any penalty imposed upon any vehicle or person under the provisions of this chapter relating to weights imposed on the streets, roadways, or highways by the axles and wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety regulations.

(1)

The police traffic supervisor or authorized representative shall be the chairman of the review board.

(2)

The chairman of the review board is responsible for the administrative functions of the review board.

(j)

Any person aggrieved by the imposition of a civil penalty pursuant to this section or F.S. § 316.3025, may apply to the commercial motor vehicle review board for a modification, cancellation, or revocation of the penalty; and the review board is authorized to modify, cancel, revoke, or sustain such penalty.

(Ord. No. 94-145, § 1, 9-13-94; Ord. No. 2009-100, § 1, 2-17-09)