§ 36-12. Loads on vehicles; care required thereto; penalties.

(a)

(1)

The load on a vehicle shall not drop, sift, leak, or otherwise escape therefrom, except that sand may be dropped on a highway to secure traction or a liquid substance may be dropped on a highway to clean or maintain such highway.

(2)

Any load of loose material, garbage, refuse, sludge, and other discarded material being transported by a commercial hauler shall be covered while being transported in such a manner as to prevent the load from spilling or dropping from the vehicle.

(3)

Any violation of paragraph (2) of this subsection for failure to cover any load of garbage, refuse, sludge, and other discarded material shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. In lieu of all or any portion of the fine or imprisonment which would otherwise be imposed for violations of this subsection, the court may require the offender to serve a sentence of community service for a period of up to thirty (30) days for each offense.

(4)

The penalty provisions of paragraph (3) of this subsection shall not apply when the load was properly covered and subsequently became uncovered as the result of an accident or circumstances beyond the control of the operator of the vehicle.

(b)

(1)

The load on any vehicle shall be securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

(2)

Freight containers used in both the waterborne transport of cargo and in the overland transport of cargo shall be properly secured so as to prevent the container from becoming loose, detached, or in any manner a hazard to other users of the highway.

(3)

Any violation of paragraph (2) of this subsection shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. In lieu of all or any portion of the fine or imprisonment which would otherwise be imposed for violations of this subsection, the court may require the offender to serve a sentence of community service for a period of up to thirty (30) days for each offense.

(4)

The penalty provisions of this subsection shall not apply when the freight container was properly secured and subsequently became loose or detached as the result of an accident or circumstances beyond the control of the operator of the vehicle.

(c)

For purposes of this section, "loose material" means dirt, sand, gravel, or other material that is capable of blowing or spilling from a vehicle as a result of movement or exposure to air, wind currents, or weather, but shall not include agricultural products in their natural state or wood chips.

(Ord. No. 22856, § 1, 8-30-06)