Damaged Roads RCD Ordinance
AN ORDINANCE OF THE RANKIN COUNTY BOARD OF SUPERVISORS PROTECTING AGAINST DAMAGE OF CERTAIN ROADS
IN THE RESERVOIR COMMUNITY DISTRICT OF RANKIN COUNTY, MISSISSIPPI
WHEREAS, §19-3-40, Mississippi Code Annotated, provides that the Rankin County Board of Supervisors shall have the power to adopt any ordinance with respect to County affairs, property and finances, for which no specific provision has been made by general law and which is not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi; and
WHEREAS, §19-3-41, Mississippi Code Annotated, provides full jurisdiction to the Board of Supervisors of roads, ferries and bridges, except as otherwise provided by Section 170 of the Constitution, and all other matters of county police; and
WHEREAS, §65-7-41, Mississippi Code Annotated, provides that the Board of Supervisors may protect public roads and prevent damage thereto;
WHEREAS, §63-5-27(5), Mississippi Code Annotated, provides that the Board of Supervisors may impose restrictions concerning wheel and axle loads upon county roads;
WHEREAS, the Rankin County Board of Supervisors created the Reservoir Community District area of Rankin County, an area located near the Ross Barnett Reservoir in Northwest Rankin County, an area populated with numerous platted subdivisions that are outside municipal boundaries;
WHEREAS, in order to carry out its obligation to protect the public roads within platted subdivisions located in the Reservoir Community District of Rankin County, Mississippi, from damage resulting from certain usages of said county roads, the Rankin County Board of Supervisors hereby declares the roads within platted subdivisions in the Reservoir Community District of Rankin County to be "no-truck" roads, pursuant to the aforementioned statutes;
NOW, THEREFORE, BE IT ORDERED as follows:
SECTION I. Definitions.
The following terms shall have the corresponding meaning for purposes of this ordinance as follows:
Truck: A motor vehicle, having more than two axles, which is designed to haul or carry or which is used to haul or carry products or cargo for commercial purposes, and/or which is required to purchase a state-issued motor vehicle license tag or apportioned motor vehicle tag, including but not limited to tractor/trailer rigs or "eighteen wheelers," gravel trucks, dump trucks , log trucks, delivery vans, pulpwood trucks , log motor vehicle , or other such vehicle in addition to those named above having in excess of two axles.
Consumer Goods or Services: Goods or services used or provided primarily for personal, family, or household purposes.
Waste Services: Waste or garbage collection services provided as a part of the Rankin County residential garbage collection program.
Utility Providers: Utility companies that provided typical utility services to residential properties.
SECTION II. Prohibitions.
It shall be unlawful for any truck as defined herein to operate upon the public roads located within platted subdivisions in the Reservoir Community District of unincorporated Rankin County, Mississippi, as same are herein designated as "no truck " roads. Failure to comply with this ordinance shall subject the violator to criminal prosecution.
SECTION III. Exemptions.
DELIVERIES: No person shall be found guilty of operating a truck on the aforementioned roads in violation of this ordinance if the operator is traveling upon any such road for purposes of making a delivery of consumer goods or services to a resident of the road upon which he/she is traveling.
COUNTY, SCHOOL DISTRICT OR MUNICIPAL TRUCKS: Trucks belonging to Rankin County, Mississippi, the Rankin County School District, or a municipality within Rankin County, Mississippi, may travel upon said roads.
WASTE SERVICES AND UTILITY PROVIDERS: Trucks belonging to waste services or utility companies may travel upon said roads.
SECTION IV. "No Truck" Signs indicating designation.
The County Road Department may erect signs on the roads of platted subdivisions in the Reservoir Community District indicating to the traveling public their designation as "no-truck" roads. The County Road Department will use reasonable efforts to maintain signs in place or replace signs as needed. However, it shall not be a defense to this ordinance that a "no-truck sign" was not in place where the operator of a truck has been provided actual notice that a road within a platted subdivision in the Reservoir Community District is a "no truck” road.
SECTION V. Fines for Violation.
Any person violating this ordinance is subject to criminal prosecution and, upon conviction, may be fined not more than $1,000.00 and/or sentenced to not more than six (6) months in the Rankin County jail.
SECTION VI. Permit to Access "No Truck" Roads
Persons, firms or corporations with compelling reasons to access "no truck" roads in the Reservoir Community District as defined herein via an otherwise prohibited truck may apply for a permit to access said no truck roads via a truck. An application shall first be submitted to the Rankin County Road Manager on a form prescribed by the Road Manager. Said permit, if issued, shall be for a specific term not to exceed 30 days from the date of issuance. The Road Manager, in his/her sole discretion, shall establish the route to be used for permitted truck access. The Road Manager, in his sole discretion, shall establish the amount and prescribed form of security to be posted by the applicant to protect the county against damage to the road or roads accessed. No permit issued shall be transferrable to any other person, firm or corporation. The Road Manager shall establish a fee for any permit issued hereunder, said fee being payable to Rankin County. A permit issued hereunder is subject to withdrawal without notice at the sole discretion of the Road Manager. A copy of any permit issued pursuant to this section shall be physically kept in the cab of any and all trucks being operated on "no truck" roads. Failure to produce a physical copy of a permit on request shall be considered a violation of this ordinance as if no permit had been issued.
SECTION VII. Effective Date.
This order shall be in force and effect immediately upon passage hereof.
Adopted this the ____ day of August, 2017.
RANKIN COUNTY BOARD OF SUPERVISORS
By: ___________________________________________
ATTEST:
______________________________________
CLERK OF THE BOARD