CHAPTER 82

LEAKY LOAD ORDINANCE

5 – 82.1      Purpose

The purpose of this ordinance is to prevent the littering of material upon the Vigo County road system, and to require that vehicles secure any materials or substances carrier by such vehicles upon the Vigo County road system.

5 – 82.2      General Provisions

5 – 82.2-a      Any person or persons who intentionally deposit materials or substances upon any Vigo County road, or along any Vigo County road easement or right-of-way shall be guilty of violating this ordinance.

5 – 82.2-b      Any person who while operating a vehicle on any Vigo County road, allows substances or materials to fall off, blow off, or otherwise leave the vehicle due to failure in properly securing such materials or substances, shall be guilty of violating this ordinance.

5 – 82.2-c      Any employer whose employee commits a violation of this ordinance under subsection A or B of this section, while under the employ of the employer, said employer shall be deemed to have committed a separate violation of this ordinance.

5 – 82.3      Penalties

5 – 82.3-a      Any person found guilty of violating this ordinance under Section 5-82-2-A or B shall be fined in the amount of Two Hundred and Fifty ($250.00) Dollars for his first violation; should said person be found guilty of committing a second offense, he shall be fined in the amount of Five Hundred ($500.00) Dollars; and should said person be found guilty of any subsequent violations he shall be fined in the amount of One Thousand ($1,000.00) Dollars for each subsequent violation.

5 – 82.3-b      Any employer found guilty of violating this ordinance under Section 5-82-2-C shall be fined in the amount of Five Hundred ($500.00) Dollars for its first violation; should said employer be found guilty of committing a second offense, it shall be fined in the amount of One Thousand ($1,000.00) Dollars; should said employer be found guilty of any subsequent violations, it shall be fined in the amount of Two Thousand ($2,000.00) Dollars for each subsequent violation.

5 – 82.4      Repealer

      All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

5 – 82.5      Severability Clause

      If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any Section, provision, or part thereof not adjudged invalid or unconstitutional.

5 – 82.6      Effective Date

      Passed and adopted by the Vigo County Board of commissioners on August 15th, 1983,